Dáil debates

Tuesday, 28 June 2005

Disability Bill 2004: From the Seanad.

 

8:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

We are dealing only with the first and second of 33 Seanad amendments although the time allowed for considering them will elapse in 25 minutes. As I stated today on the Order of Business, these 33 amendments are broadly technical and do absolutely nothing to rescue this fundamentally flawed legislation. Since the Seanad did not make a series of amendments taking on board the recommendations of the Commission on the Status of People with Disabilities, the recommendations contained in the document Equal Citizens, or amendments that transformed the Bill significantly into rights-based legislation, the exercise in the House is absolutely fatuous.

I strongly disagree with even the notion of section 5, which imposes resource limitations. This is its primary purpose. This is not the stuff of legislation that would make a key and critical difference in the delivery of the rights of people with disability. We want to see legislation presented that all the people of Ireland deserve. I emphasise this because it does not only concern people with disabilities but all the citizens of this State. We all have a right to see the desired legislation presented. None of us is at a remove from this issue. Only for the grace of God, we might well be at the centre of what is actually needed in this legislation. Who knows what the future will bring for any of us?

This legislation is for all the people of Ireland and these amendments do absolutely nothing to change what is, in effect, a Bill that has turned its back on the recommendations of the Government-established Disability Legislation Consultation Group and all its good work. This is exemplified by the withdrawal of many of those who had made an heroic and critical contribution and who ultimately found themselves, very disappointingly, having to campaign against the end result of all their labours because the Government turned its back on it.

Seanad amendments Nos. 1 and 2 confer no rights and establish no commitment to the principle of progressive realisation. Every provision in section 5 is framed to reduce the State's liability for failure to provide essential services. Sinn Féin's amendment, which was presented by my colleague Deputy Ó Snodaigh during the substantive debate on the legislation in this House, sought to ring-fence funding for disability-specific services. Of course this was rejected by the Government.

Although not wishing to labour my point on Seanad amendments Nos. 1 and 2 because we may wish to proceed further, I must state that any amendment to section 5 that does not introduce the principle of ring-fencing funding for disability-specific services is not relevant, serves no useful purpose and is an example of the futility of the entire exercise in which we are engaged this evening.

I regret greatly that we will not have another opportunity to pass judgment on the substantive Bill. Instead, we must vote on whatever Seanad amendments are outstanding at 9 p.m. It is the only mechanism open to us with which to show our absolute contempt for a Bill which shows contempt for those who hoped, worked for and deserved legislation which reflected their rights and needs.

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