Frank Fahey (Galway West, Fianna Fail)

The amendment we introduced to ensure that it will happen within a certain timescale confirms that. In the initial Bill we stated that it would have to start within three months and we have now amended it to read that it has to be completed within a reasonable period of time and that the regulations will provide for that period of time. As in everything else in the Bill, the statement of assessment is predicated on resources but, given the fact that multi-annual resources are now being made available and that the Bill must commence and be concluded within a specific period of time, that amounts to a clear and unequivocal right to an assessment. I assure the House on that matter. There is no issue. That was the first of the five points mentioned by Deputy Ó Caoláin. I will refer to the others.

The service identified in the assessment of need for an individual must be provided within a reasonable and agreed timeframe. I am satisfied that it will be provided within a reasonable timescale but that is also predicated on resources. If the Deputies sitting opposite me in this House were in Government tomorrow the assessment of need would still be predicated on resources. Let us not fool ourselves on this issue. The next Estimates will determine the amount of resources that will be invested in the disability sector, irrespective of who is in Government. I am quite satisfied that the second point made by the DLCG is adequately covered.

The third point of the DLCG is that the Bill must provide clear protection for disability rights specific resources. As I stated already, the Bill clearly provides for the first time that the Minister must state at the beginning of the year the amount of money to be provided for disability services. Deputy Lynch is correct. Like all other types of legislation, that cannot be ring-fenced, but given the practical reality of a statement being transparent, clearly outlining the amount of money to be provided at the end of the year and given that there is a multi-annual funding programme, unless there was an absolute catastrophe there is no reason to believe the money provided would not be spent.

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