Séamus Brennan (Dublin South, Fianna Fail)

I move: "That the Bill be now read a Second Time."

The Citizens Information Bill 2006 is a key element of the Government's national disability strategy and is designed to ensure that people with disabilities are supported to enable them, as far as possible, to lead full and independent lives, reach their full potential as individuals and participate fully in society.

This Bill, together with the Disability Act 2005, the accompanying sectoral plans and the Education for Persons with Special Educational Needs Act 2004, demonstrates clearly the intention to have an effective combination of legislation, policies, institutions and services in place to ensure equal access to services and full participation in everyday life for people with disabilities.

The primary purpose of the Bill is to amend the Comhairle Act 2000 to enhance the functions of the statutory body in supporting the development of advocacy services, in particular for people with disabilities. Most important, the Bill provides for the introduction of a personal advocacy service for certain people with disabilities who would otherwise have difficulty obtaining access to the services in place to assist them.

The substance of the Bill provides for matters such as the qualifying conditions for eligibility for the assignment of a personal advocate, how the service is to be organised, the responsibility of the personal advocates, the application process, an independent appeals system and related matters to ensure that the new service is placed on a sound footing.

The Citizens Information Bill further provides for a number of important changes to the Comhairle Act 2000 to sanction the functions of the statutory body. Some of these changes include the provision to change the name of Comhairle to the Citizens Information Board or, in the Irish language, An Bord um Fhaisnéis do Shaoránaigh. My objective is to better reflect how the statutory body carries out its functions in the provision of information on social services to the public. The name change is to secure a country-wide branded image associated with citizens information.

In section 2, I want to include a definition of "social services" to include a broad range of social and civil services provided to the public and to expand the definition of "voluntary body" to include citizens information centres. I want to include number of amendments to section 7 of the Comhairle Act to strengthen the board's role in supporting and developing the provision of information on social services and the work of the citizens information centres and other voluntary bodies throughout the country.

I propose amendments to section 9 of the Comhairle Act to change the size and the term of office of the board to provide for improved operational efficiency and to allow for greater continuity in the leadership of the organisation. This will be to the benefit of the local services that rely on its support.

Before I outline the full provisions of the Citizens Information Bill 2006, I would like to acknowledge the significant increase in funding for disability support services that has been provided in recent years. Almost €3 billion was spent on addressing disability issues in 2005. That figure does not include the almost €2 billion that was spent last year by the Department of Social and Family Affairs on income supports and entitlements for people with disabilities or illnesses and their carers. Such significant increases in social welfare rates over recent years further underline the Department's position at the forefront in providing for the income support and other needs of people with disabilities. It is in the context of this comprehensive and strategic programme of support for people with disabilities that I am bringing this Bill to the House.

This Bill relates to the provision of services. It will streamline the citizens information structure by bringing some branding to it in a way that will mean the citizens information brand is national as well as local. It will also introduce an advocacy service, which will be equally important. There is an important link between the provision of information and advocacy. Accessing information and enjoying a range of options on foot of that information are two key aspects of empowerment and citizenship. That is particularly relevant to the functions of the newly named citizens information board, which will offer enhanced services to people with disabilities.

The Citizens Information Bill 2006 envisages that advocacy services will support people with disabilities in identifying and understanding their needs and options and securing their entitlements to social services. In its broad sense, advocacy is quite a traditional concept. It is linked to the notion of the citizen taking responsibility not only for himself or herself but also for his or her neighbour. It should not be confused with the giving of information or the offering of advice per se, although they are aspects of the advocate's role.

Advocacy is something many people do for others on a daily basis. Parents advocate for their children every day, relatives and friends speak on behalf of vulnerable people and public representatives often act as good and strong advocates. To put it simply, advocacy is the act of supporting or speaking up for someone. To put it more formally, it is a dynamic process of negotiation that is conducted by or on behalf of an individual who is marginalised in some way. The proposed service, as outlined in the Bill, will provide for the assignment of a personal advocate to assist, support and represent a person with a disability in applying for and obtaining social services and in pursuing any right of review or appeal in connection with those services. It is envisaged that the arrangements for the new personal advocacy service will be completed without delay when the legislation is in place.

The board of Comhairle has undertaken a significant amount of work in preparation for the introduction of the personal advocacy service. Two important studies which have informed this work provide the basis for the legislative provisions in this Bill. The first of these, known as the jigsaw of advocacy, was published in 2003. A second study, which relates to the development of an advocacy service for people with disabilities, also informed the legislation. In October 2005, Comhairle published guidelines to inform and guide the development of advocacy services by community and voluntary organisations. In tandem with the guidelines, I launched a programme of funding amounting to some €2 million for advocacy projects in that sector. Some 31 projects will be in place throughout the country by the end of 2006. Each project employs an advocate to work with people with disabilities in accessing a range of different services to help them to achieve their personal objectives.

In the current phase of the programme, there is an emphasis on representative advocacy because it will provide Comhairle with the most relevant experience in developing its advocacy service when the new legislation is in place. It is aimed to ensure that advocacy services are of the highest standard and that they are underpinned with strong values and principles. Above all, there is an objective of keeping the person with the disability at the centre of the service. Other work undertaken in preparation for the introduction of the advocacy service on a statutory basis includes producing a resource pack for the new advocacy projects, organising training and networking days and supporting the higher certificate course in advocacy studies, which is accredited through Sligo Institute of Technology.

I would like to outline the contents of the Bill. Sections 1 and 2 provide for the usual definitions of the terms used in the Bill. The definition of "disability" is that used in the Disability Act 2005. Section 2 amends the definition of a voluntary body in the Comhairle Act to include citizens information services and citizens information centres. I am proposing to provide statutory recognition for the citizens information centres which comprise the primary channel through which the citizens information board provides information to the public. This section also includes the definition of a "social service", which will underpin the board's work in the provision of information about entitlements and public services. Social services are broadly defined in the section as including health, social welfare, education, family support, housing, taxation, citizenship, employment and training, equality, asylum and immigration.

Section 3 provides for a change of name from Comhairle to the Citizens Information Board, or An Bord um Fhaisnéis do Shaoránaigh. My objective here is to ensure the citizens information board and the voluntary bodies which provide information services, particularly the citizen information centres, will be readily identifiable by the public as a single brand as part of a single overall coherent approach to the provision of State-funded information services in matters of civil rights and entitlements.

Section 4 amends section 7 of the Comhairle Act. It provides for a number of changes to the functions of the statutory body, in particular to provide greater support for people with disabilities. A function of the board will be to support the provision of advocacy services in the community and voluntary sector for people with disabilities. The citizens information board will introduce a personal advocacy service for people with disabilities who meet the criteria of qualifying persons for the service. The board will be charged with supporting and developing greater accessibility and public awareness of the social services which are available to people. Part of its remit will be to promote the provision of integrated information about those services by voluntary and statutory bodies. The provisions state that the board, in offering the personal advocacy service to a person with a disability, will have regard to the financial resources available to it and to whether such services are available to the person in the community or elsewhere.

Section 4 inserts in section 7 of the Comhairle Act a number of new provisions which will enable the Citizens Information Board to set the terms and conditions for voluntary bodies which seek funding and to promote the development of high quality standards in the provision of information to the public. The effect of these provisions is that voluntary bodies which seek funding may be asked to demonstrate how they will pursue quality service objectives. Funding may be refused if the body concerned fails to supply the board with the information requested, or fails to convince the board that it is necessary in any case.

Section 5 provides for the details of the personal advocacy service. It inserts a number of new provisions in section 7 of the Comhairle Act, to be contained in the new sections 7A to 7E. The proposed new section 7A provides for the designation of persons as personal advocates by the chief executive officer of the citizens information board; the appointment by the board of a director of the personal advocacy service, who will manage that side of the organisation; and the qualifying criteria to be satisfied by a person if he or she is to have a personal advocate assigned to him or her.

The legislation provides that a qualifying person, in the case of a person 18 years of age or older, is a person who in the opinion of the director is unable to obtain or has difficulty in obtaining a social service without the support of a personal advocate because of his or her disability. The director must also consider whether there are reasonable grounds for believing there is a risk to the person's health, welfare or safety if he or she is not given the social service in question. A person under the age of 18 may qualify for a personal advocate if his or her sole parent or guardian is a qualifying person, or if he or she has a disability and in the circumstances of the case it would be unreasonable to expect a parent or guardian to act on his or her behalf to obtain the social service without the assistance of such an advocate.

The new section 7A(3) provides that a person will not be disqualified from the assignment of a personal advocate if he or she is already getting a social service. Section 7A(4) sets out how the board will prioritise the assignment of personal advocates to people who qualify for the service. The process will take account of factors such as the needs of the person to have a personal advocate assigned to him or her, the benefits likely to accrue to him or her by the assignment of the advocate, and any risk of harm to health or well-being that may arise if he or she cannot obtain the services which are sought. The section also provides that the Minister may make regulations for incidental or supplementary matters that may arise, to give effect to these provisions.

The new section 7B of the Comhairle Act details the arrangements for making an application to the personal advocacy service for the assignment of a personal advocate and for the decision process in respect of applications. It states an applicant may appeal against a decision of the director of the personal advocacy service if he or she is not satisfied with the decision about qualification for the service. It also provides for a reversal of a decision to refuse the assignment of an advocate in the light of new evidence or if a mistake is made about the facts. The new section 7C of the Comhairle Act sets out the arrangements for a person to make an appeal against a decision that he or she is not qualified for the assignment of a personal advocate.

The section provides, in effect, that the social welfare appeals rules and procedures which are detailed in the Social Welfare Consolidation Act 2005 will apply, in a modified form, to appeals regarding the personal advocacy service.

It is my intention to appoint the chief appeals officer of the social welfare appeals office to determine appeals in the personal advocacy service. My objective is to ensure that people who are unhappy with the decision on their qualification for the assignment of a personal advocate have access to an impartial and independent appeals system. The social welfare appeals office has a proven record in this regard. It has an established reputation in providing a speedy and highly accessible service for people and is ideally positioned to meet the needs of people who seek the assistance of an advocate.

The new section 7D sets out the duties and responsibilities of the personal advocate, including assisting, supporting and representing the qualified person in applying for and obtaining a social service, including an application for an assessment of need or a service specified in a service statement under the Disability Act 2005. The personal advocate will also pursue any right of review or appeal on behalf of the qualified person and provide support and training to the qualified person, any member of his or her family, a carer or any other person who represents the interests of the person with a disability.

This section empowers the personal advocate, acting on behalf of the person with a disability, to enter any place that provides day care, residential care or training for him or her and to represent his or her interests. It also provides that the personal advocate may, subject to data protection legislation, access information and attend meetings or consultations on behalf of the person concerned.

Section 7D(4) imposes an obligation on statutory or voluntary bodies to co-operate with a personal advocate in the performance of his or her functions on behalf of the person with a disability. Subsections (5), (6) and (7) of section 7D set out provision for offences to apply to persons who obstruct or hinder a personal advocate in that context.

The new section 7E of the Comhairle Act 2000 provides that the citizens information board may arrange for the functions of personal advocates to be performed by persons other than members of the staff of the board, as it considers appropriate. Such a move by the board would be subject to the approval of the Minister for Social and Family Affairs.

Sections 6 and 7 of the Citizens Information Bill provide for changes to the term of office and membership of the citizens information board. The changes are considered necessary in light of operational experience since the board was first constituted in June 2000.

Section 6 amends section 9 of the Comhairle Act 2000 so the term of office of members of the board will be extended from three to five years and so the number of members of the citizens information board will be reduced from 20 to 15. The approach is in keeping with a general trend towards smaller, more efficient boards in respect of State agencies. For example, in the case of other agencies under my Department's aegis, the Pensions Board and the Combat Poverty Agency have 16 members on their boards while the Family Support Agency has a 12-member board. This section provides for a consequential adjustment to be made to the board arising from the reduction to 15 members. The number of members representing people with disabilities is changing and, having regard to Government mainstreaming policy, the nominating role of the Minister for Justice, Equality and Law Reform in regard to those members is being altered.

Section 7 amends section 11 of the Comhairle Act 2000. It provides for a revised quorum for board meetings as a result of the reduction from 20 to 15 members. The quorum is being reduced from 11 members to a number between eight and five as may be considered appropriate by the board from time to time.

Section 8 provides for the insertion of a new section 24A in the Comhairle Act. It provides that the Minister for Social and Family Affairs may issue policy directions to the citizens information board, including directions to directly undertake information campaigns on specific social services.

Section 9 sets out the standard provisions relating to Short Title and collective citation. It also provides for the commencement arrangements for the implementation of the Bill's provisions with different commencement dates applying to different sections of the Bill.

The introduction of the personal advocacy service by the citizens information board is an important priority in my Department's programme of work to enhance the services available to people with disabilities. Much progress has been made since 2001 when the prospect of such a service was mooted. The views and the experience of people with disabilities and of those who work with them have made a significant contribution to the development of the programme already under way and to the development of the proposals in this legislation. Officials of my Department will continue to consult disability interest groups throughout the legislative process.

Advocacy is in many respects a new and emerging profession in Ireland. Even as this legislation is being progressed, new models of best practice are being developed and indeed new emerging needs are being brought to my attention. I advise the House that in this context it is my intention to bring forward a number of Committee Stage amendments to address some of these issues. I am considering the inclusion in the Bill of a broad definition of the qualifications required to be a personal advocate in the personal advocacy service. Such a provision is contained in section 26 of the Education for Persons with Special Educational Needs Act 2004. I am also considering the inclusion of a new provision framed in terms of the citizens information board proactively following up cases of people who are particularly vulnerable and who may be in need of a personal advocate where cases are brought to the attention of the citizens information board.

A further proposal for a Committee Stage amendment relates to public accounting requirements to ensure clarity in legislation regarding the accountability of the chief executive officer of a statutory body to the Committee of Public Accounts in line with certain recommendations of the Mullarkey report.

The issue of resources is, of course, central to the successful implementation of any new service introduced by the Government. I assure the House that the resources necessary to introduce the new personal advocacy service will be provided by way of an additional allocation to the citizens information board which will be negotiated in the annual Estimates and budgetary processes for my Department. In 2005, an additional €1.15 million was provided to Comhairle for the development of the voluntary and community advocacy programme in preparation for the introduction of the personal advocacy service. A further €2 million will be spent on the continued development of the advocacy programme in 2006 with an additional €250,000 set aside specifically for the early stage development of the personal advocacy service which is provided for in this Bill.

This legislation, which I recommend to the House, represents two major steps forward. We are establishing the personal advocacy service and establishing a fresher structure for the citizens information boards by creating a national organisation called the citizens information board. This will be achieved by giving new powers and focus to that board and will ensure it is focused on the provision of information, increasingly to immigrants, throughout the country. People coming to our shores will now see more clearly that the provision of information is their entitlement.

All our people will receive more succinct information and independent, impartial and confidential advice. This relates not only to social welfare but to a range of issues across the public service and will be achieved through the network of offices, websites, dedicated phone lines and highly professional staff and volunteers throughout the country.

This Bill provides for a new, well funded advocacy service and the restructuring of the way the State gives information to immigrants and citizens alike through a new citizens information board structure.

See this speech in context