David Stanton (Cork East, Fine Gael)

If this Bill is all the Minister of State claims, why is he afraid of the courts? If this legislation will provide the necessary services and supports there is no need to insert a provision that prevents people from going to court. The last place people with disabilities or their parents want to go is to court. The court is the last resort, the final choice and people only go there because the State has let them down. In most instances they are vindicated in the neutral venue of the court, although the Minister of State seemed to imply that our courts are not neutral. Under the Constitution the courts are there to uphold the rights of individuals and if the courts find in favour of the citizen, they are doing their job. If this Bill is all that it is claimed to be, if it will provide the services and supports Deputy Fahey claims, there is no need to prevent people from going to court if they feel they must. People should not have to go to court, if this Bill is so good.

Through the Finance Act, money is ring-fenced every year and there is no reason that could not be done in the context of the Disability Bill. I do not know if the Minister of State has ever read the Finance Act. It is a large document and there is considerable reading in it, as well as much work. Money could be set aside and ring-fenced specifically for the services for which the Bill legislates. If funding is inadequate, a supplementary budget could be introduced to ensure that people receive the services they require. That is what should be done, but this Bill and the section under discussion, is specifically designed to protect the State and Ministers from the weakest sector of our society, namely, people with disabilities.

At the outset of the debate on this legislation, I read out a letter from the parent of a disabled child. He said that when he read this Bill, it was like a slap in the face. He wondered why the State is so afraid of his child, who cannot walk or talk. Why is the State so afraid that it must insert safeguards into legislation to protect the State and the Exchequer from his child? That is what that parent wondered and that is exactly what is happening with this Bill.

Some time ago I said I hoped the Bill would work, for the sake of people with disabilities. We will follow the progress carefully from the autumn, when the Dáil returns from its imposed exile. We will track the progress of the Bill, ask questions and examine how every section of the legislation is put into place. We already find that the special needs area in education is being cut back. Special needs assessment officers are telling children in schools that they cannot have a special needs assistant. The Education for Persons with Special Educational Needs Bill does not appear to be working in that regard.

I appeal to the Minister of State to ensure that there is sufficient funding in place, that it is ring-fenced and not frittered away on other services in the health or education areas and that the services and supports are in place for the people who need them. The need is great. Deputies who were in Limerick last night heard people describe their experiences, the pressures they are under and their anger and frustration was palpable. One's heart would go out to such people when one realises what they have to endure and the fears they have for their disabled children when they die and so on.

I hope this Bill will work, but I have major reservations. We will track progress and follow every stage of its enactment and implementation. Unfortunately, because of the guillotine we will not be afforded the opportunity to discuss other amendments tabled. However, most of these are technical and will not make a huge difference to the substance of the Bill.

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