Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

In the 18 months we have been examining the matter we have come up with every possible configuration. For instance, we examined how we could allow the 4,700 in receipt of the allowance to retain the moneys and cut off the scheme for new entrants. We were informed that that would be illegal. We asked if the scheme could be redesigned to make it fit for purpose for the individual to meet his or her needs. Again, we were told it would be illegal for the simple reason that the definition of “disability” was very broad in the Disability Act. One could not possibly state only one category of people could receive the allowance, while others who would qualify for payments under the scheme under the Disability Act could not.

This is not an action the Government wanted to take. If we could have found a solution to this problem, we would have found it. It is not for the want of trying that we have not come to a solution. We came up with every possible configuration, but it was not possible to implement any of them. We are aware of the hardship and concerns the shutting down of the schemes will bring. That is why we are determined to come up with a solution. We are not just putting the review group in place. It has been in place for the past two weeks. Two weeks ago at the Joint Committee on Public Service Oversight and Petitions we laid out exactly what our difficulties were in this regard. This has not come as a bolt out of the blue for anyone.

There is a difficulty for us if we are to comply with the Equal Status Act. I do not believe there is anyone in the House who would suggest that we should change the Equal Status Act, because that would bring about unintended consequences. Equally, I do not imagine there is anyone in the House who would wish or expect us to narrow the terms of the Disability Act. However, the difficulty is the broadness of the definition of "disability" in the Disability Act. Further, under the Equal Status Act, if we were to allow everyone who would qualify under the new terms into the scheme, it would cost between €170 million and €300 million, and we simply do not have that type of money. How do we find that type of money? I understand the argument questioning why we cannot find the money, but we have a particular budget and we must ensure the services we are obliged to deliver in health, including those to people with disabilities, are protected as well. We are examining the matter; it is not something we have given up on. We will find a solution to this.

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