Dáil debates

Friday, 7 February 2014

Down's Syndrome (Equality of Access) Bill 2013: Second Stage

 

10:40 am

Photo of Colm KeaveneyColm Keaveney (Galway East, Fianna Fail) | Oireachtas source

I welcome this Bill and compliment Deputy McGrath on its introduction. It is a short Bill but one that, if enacted, will have a profoundly positive effect on those benefiting from it. While there have been many improvements in how those with disabilities are treated in our society, we still have a good distance to go. In the past, and to an extent today, disability was treated as a charitable concern. Prior to the rise of the welfare state, it fell to charitable activity to support those with disabilities. However, this approach is no longer sufficient. The foundation documents of this State, the 1916 Proclamation and the Democratic Programme of the First Dáil, spoke of cherishing all of the children of the nation equally and of the "aged and infirm" being "entitled to the Nation's gratitude and consideration". This language may be somewhat antiquated but the sentiment remains a noble one. We must replace the charitable approach with one centred on those noble sentiments and founded on human rights. Every child has a right to assistance, in a manner appropriate to their particular needs, so that they can have a fair chance of reaching their potential, whatever that may be. A child born with a disability is entitled to the support of their community and of wider society through the services provided by the State. This burden cannot fall on their families alone.

Like all other children, children born with Down's syndrome vary in their abilities and achievements. By right, they should be entitled to whatever aids and supports they require to allow them to achieve their potential. Advances in medical care have led to longer life expectancy for those with Down's syndrome. This is to be celebrated. It also means that the importance of lifelong living and learning needs to be realised.

I welcome the Government's decision not to oppose this Bill. I hope this decision reflects a genuine commitment on the part of the Government to support its prompt enactment and implementation of its provisions. The Government's sincerity in expressing support for the Bill has been thrown into some doubt by reports in yesterday's media that a system giving schools power to decide how special needs teaching posts are allocated is likely to take precedence over its enactment. I hope that no action by Government will endanger the automatic entitlement to resource teaching that this Bill grants to all children with Down's syndrome. Yesterday's media reports would seem to indicate that the Down's Syndrome (Equality of Access) Bill will be superseded by a new system before it can become law. The Minister's spokespersons, in their briefing on this Bill, suggested that it would be rendered moot under a new allocation model. It would be better if the Minister of State were to be honest and clarified the position in this respect. If the Government is genuine in its support for Deputy McGrath's worthy Bill, it should indicate when it plans to move it through the remaining Stages in this House and in the Seanad. I have been assured by my party Whip that we will co-operate with the Government to secure the speedy enactment of this Bill. I would appreciate if the Minister of State could provide some clarity in this regard.

The Minister's proposals reported in the media yesterday reflect, in the main, the policy advice published by the National Council for Special Education. We recognise the urgency required in addressing the need to overcome the overt or covert barriers some schools erect to prevent or discourage parents from enrolling children with a disability.

We will support the Minister on all Stages of the Bill through to enactment. While the Bill poses some financial challenges for the State, the dedication and commitment of everybody who has spoken this morning would best be represented in our support for the progress of the legislation through all Stages. I thank Deputy Finian McGrath for bringing the Bill to the House and look forward to supporting it all the way. I ask the Government to demonstrate the sincerity of its professed support for it by facilitating its speedy enactment. We, on this side of the House, will co-operate in that regard. We must not let the opportunity pass to improve the lives of some children and their families.

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