Dáil debates
Tuesday, 17 October 2006
Disability Act 2005: Motion
5:00 pm
Frank Fahey (Galway West, Fianna Fail)
I move:
That Dáil Éireann, in accordance with section 31 (6) of the Disability Act 2005, approves of the sectoral plans which have been prepared by the following Ministers: Minister for Health and Children, Minister for Social and Family Affairs, Minister for Transport, Minister for Communications, Marine and Natural Resources, Minister for the Environment, Heritage and Local Government, Minister for Enterprise, Trade and Employment, copies of which were laid before Dáil Éireann on 20 July, 2006.
The resolution before Dáil Éireann seeks the approval by the House of the six sectoral plans prepared by the following Ministers under sections 31 to 37 of the Disability Act 2005, thereby enabling the plans to take effect: the Ministers for Health and Children, Social and Family Affairs, Transport, Communications, Marine and Natural Resources, Environment, Heritage and Local Government and Enterprise, Trade and Employment.
Each sectoral plan sets out the programme of measures to be taken by each of the Ministers' Departments and public bodies under their aegis aimed at the provision of services to people with disabilities.
The six departmental sectoral plans are, perhaps, the most significant element of the Government's national disability strategy launched in September 2004. At that time outlines of these plans were published. The completed sectoral plans were then required to be laid before each House of the Oireachtas within one year after the commencement of the relevant provisions of the Disability Act. This deadline was met in July of this year.
The purpose of the national disability strategy is to reinforce and support the participation of people with disabilities in society. The strategy builds on the existing policy and legislation and has been endorsed in the new social partnership agreement, Towards 2016 under which the national disability strategy is the agreed focus for disability policy over the lifetime of the agreement.
The national disability strategy comprises four key elements, the Disability Act 2005, the Citizens Information Bill 2006, the multi-annual investment programme and the sectoral plans for service delivery by the six Departments named here.
There has been concerted action across Departments on the implementation of the strategy, not just in preparing these sectoral plans. In particular, much progress has been made in implementing the provisions of the Disability Act 2005. All sections of the Act have been commenced, with the exception of Parts 2 and 6. Arrangements for the implementation of Part 2 are set out in the sectoral plan of the Minister for Health and Children. Part 6 provides for the establishment of a centre for excellence in universal design in the National Disability Authority and will commence on 1 January 2007. The NDA is preparing the groundwork for the operation of this new centre from early next year.
Since 31 December 2005, all public bodies, subject to certain considerations, must meet a number of legal requirements in the area of improving accessibility, including the following: they must ensure that the provision of access to their services by people with and without disabilities is integrated; services and goods supplied to public bodies must be accessible to people with disabilities; they must ensure that the content of communications with people with disabilities are provided in an accessible format; procedures must be in place in all public bodies for the making of and investigation of complaints from people with disabilities; and public bodies must make their buildings accessible to people with disabilities.
To assist public bodies with practical guidance, these requirements are now supported by a new code, the Code of practice on Accessibility of Public Services and Information provided by Public Bodies, SI No. 163 of 2006, which was developed by the National Disability Authority and launched by the Tánaiste in July of this year.
The Act provides a legal basis for the first time for the requirement of public bodies to take all reasonable measures to promote and support the employment or persons with disabilities. It gives the NDA important new powers to monitor the implementation of the provisions across the public service. Other elements of the strategy include the Citizens Information Bill, published last week, which will provide for a personal advocacy service for people with disabilities and the Government's €900 million multi-annual investment programme 2005-09 for high priority disability support services.
The following are some of the other ongoing initiatives that complement the national disability strategy. A major national post-census CSO survey on disability is currently under way and results are expected next year. An amendment of the Cabinet handbook will incorporate a requirement that all substantive memoranda submitted to Government take account of the impact on people with disabilities. Appropriate guidance is being developed to assist with the new proofing requirements and investment programmes such as the enhancing disability services project fund and funding made available under the dormant accounts process.
It is agreed in Towards 2016 that future policy in regard to people with disabilities will be progressed through the national disability strategy with particular expression being provided through the suite of sectoral plans to be implemented by six Ministers and their Departments and public bodies under the Disability Act 2005. These plans represent a landmark in the progression of the national disability strategy.
Section 31 of the Act provides that in preparing and publishing their plans, each Minister is required to consult with representatives of persons with disabilities and in delivering on this, the National Disability Authority and the Departments concerned conducted a nationwide series of public consultation meetings on the draft plans.
The Act requires that the plans contain information on relevant codes of practice and regulations, complaints procedures, monitoring and review procedures and the level of access built into the services to be provided. The Act also requires that progress reports must be prepared on each plan within three years of their publication and that these reports are to be laid before the Houses. The Act makes specific provision for each sectoral plan, detailing key areas to be addressed.
The implementation of the sectoral plans will be monitored and reviewed. A high level group of senior officials will report directly on progress to a Cabinet committee chaired by the Taoiseach. Following the approval of these sectoral plans the monitoring arrangements will be strengthened by the inclusion of key stakeholder interest groups into the formal monitoring process. This is in line with the commitment to this effect set out in Towards 2016. Delivery of these plans will be supported by an effective whole-of-Government approach. Each of the plans contains specific commitments to cross-departmental co-operation.
The sectoral plan of the Minister for Health and Children covers the initiatives to be taken by the Department and the Health Service Executive and some 27 statutory bodies. The plan was developed through an extensive consultation process. One of the most important aspects of the health sectoral plan is the arrangements for commencing Part 2 of the Disability Act 2005, which involves assessments of need and service statements for people with disabilities.
Part 2 will commence for children aged under five years with effect from 1 June 2007. The Act will then be commenced for those children aged between five and 18 in tandem with the implementation of the Education for Persons with Special Educational Needs Act, EPSEN, 2004. The EPSEN Act is being implemented over a five-year timeframe from October 2005. Services for adults and children will continue to be enhanced progressively over the next number of years. The HSE will be promoting the practice of assessment of individual needs and the provision of service statements for all service users, as capacity permits. The statutory requirements of Part 2 of the Disability Act will be extended to adults as soon as possible but no later than the end of 2011. Significant capacity building to support the delivery of the plan is under way.
A major objective of the sectoral plan of the Minister for Social and Family Affairs is the development of services that give persons with disabilities financial security and encourage maximum participation in society. Initiatives include the transfer of income maintenance payments from the Health Service Executive, as well as a service delivery modernisation programme. The plan identifies the key actions which will be underpinned by co-operation across agencies to develop service provision for people with disabilities.
The sectoral plan of the Minister for Transport has been developed to accord with the concept of "transport for all" and will make an important contribution to addressing issues of disadvantage and social inclusion. The plan is underpinned by a series of policy objectives and specific targets for accessible transport across all modes of transport. These include measures to make trains, buses, taxi and hackney services, as well as air and marine transport, accessible to persons with mobility, sensory and cognitive impairments.
The plan promotes the principle of mainstreaming by making accessibility an integral element of the public transport services. Mainstreaming will operate in conjunction with the ten-year investment programme of Transport 21. This will be achieved principally in two ways. Accessibility will be built into new transport infrastructural projects and the acquisition of accessible vehicles, and funding will continue to be provided to enable the phased adaptation or retrofit of existing transport facilities. Transport projects will be monitored for compliance with accessibility principles. The public transport accessibility committee, comprising the Department of Transport, transport operators and the disability sector, including the NDA, will be fully involved in the implementation process.
The broadcasting and energy supply sectors are the focus of the sectoral plan of the Minister for Communications, Marine and Natural Resources. It addresses the context of the role of the independent Broadcasting Commission of Ireland and its responsibilities for regulating the sector, including RTE. It also deals with the Commission for Communications Regulation, ComReg, including its roles in respect of Eircom and An Post. The plan also covers services provided by energy suppliers in the context of the role of the independent Commission for Energy Regulation.
The sectoral plan of the Minister for the Environment, Heritage and Local Government will support the participation by people with disabilities in all aspects of economic, social and cultural life of the community. Priorities in the plan include the building and planning code, local authority accessibility plans and a housing strategy for people with disabilities.
In regard to the building and planning code, this initiative reflects the importance of accessibility of the built environment in enabling people with disabilities to achieve a quality of life comparable with that of other citizens. A review of Part M of the Second Schedule to the building regulations, on access for people with disabilities, was initiated in December 2005. The Department will prepare draft proposals by autumn 2006 to amend Part M. The Building Control Bill 2005 has been published and when enacted will strengthen the enforcement powers of building control authorities in implementing the building code.
As regards local authorities, each local authority will, within six months of the approval of this plan by the Oireachtas, carry out an accessibility audit of all roads and streets, pavements and pedestrian crossings, public buildings, public parks, amenities and open spaces, heritage sites, public libraries and harbours within its control and identify the remedial action necessary to make them accessible.
Each local authority will, within three months of completing the accessibility audit, draw up an implementation plan in consultation with organisations representing persons with disabilities. To bring a new focus to addressing their needs, a national housing strategy for people with disabilities will be developed. New protocols will be established for inter-agency co-operation for all special housing needs. Legislation will be introduced that will result in a new means of assessing housing need to ensure all people can live with maximum independence within their community.
The sectoral plan of the Minister for Enterprise, Trade and Employment contains a number of initiatives aimed at promoting equal opportunities for disabled people in the employment market. This includes the development of a comprehensive employment strategy that is aimed at enhancing the effectiveness of employment and vocational training programmes for disabled people, and further developing supports for the employment of disabled people.
Effective cross-departmental collaboration will be a key element of this strategy. The Department will establish a consultative forum on the employment strategy representing key stakeholders, which will provide a channel for members to contribute to strategic development on issues that directly or indirectly impact on vocational training and employment.
These sectoral plans are an integral part of the national disability strategy and the approval of these plans will mark an important advance in implementing the strategy as a whole. I acknowledge the considerable contribution the various stakeholders have made in shaping these plans. Our open constructive relationship with the stakeholders does not end here. The implementation of the sectoral plans will be monitored by the stakeholders and progress on implementing the plans will be reviewed at the latest after three years. These sectoral plans represent a real opportunity to strengthen the foundations of disability policy.
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