Dáil debates

Tuesday, 19 May 2015

An Bille um an gCeathrú Leasú is Tríocha ar an mBunreacht (Cearta Geilleagracha, Comhdhaonnacha agus Cultúir) 2014: An Dara Céim [Comhaltaí Príobháideacha]: - Thirty-fourth Amendment of the Constitution (Economic, Social and Cultural Rights) Bill 2014: Second Stage [Private Members]

 

6:40 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent) | Oireachtas source

I want to thank the Chair for the opportunity to speak on this excellent Bill. I will be strongly supporting the legislation as it sets out a clear plan for the future of this country, its citizens and, more importantly, the whole area of equality and the urgent need to end the divided society of this country. Over the past few years, we have had an obsession with fiscal matters and not enough of a response to the effects on the broader society. I want to commend Deputy Thomas Pringle, Deputy Seamus Healy and Amnesty International for their vision, leadership and courage on this matter, and also for setting the agenda in regard to changing and improving the rights of our citizens. Once again, we can see the Independent Deputies in Dáil Éireann putting forward alternatives to the stale policies of all of the major political parties.

I strongly support the adoption and application of economic, social and cultural rights, which are fundamental to the creation of a more just, inclusive and socially sustainable society. As matters stand, many of these rights cannot be vindicated because they are insufficiently incorporated into the Constitution. That is exactly what this legislation is about and exactly what we need to focus on.

Before I go into the details of the Bill, I want to respond to what is happening today in our own country in the whole area of cultural rights, for example, with the visit of Prince Charles. I am all for peace and reconciliation but I do not buy into the gushing that is going on today about Prince Charles. As a democrat and somebody who believes in a republic, I do not buy into the whole issue of monarchy and privilege. There are many citizens in England, Ireland and Scotland who disagree with that whole element of privilege. It is time our politicians, Ministers and leaders stopped gushing and tipping the cap to these types of people. I am all for reconciliation. However, if we want to have peace and reconciliation, let us go for a pint with our Northern Unionist friends. For example, years ago, Shelbourne Football Club used to host Linfield Football Club. Many is the night in Tolka Park I had a pint with people from the Northern Unionist tradition. Let us go up to the North and invite them down. We do not need a monarch to preach about reconciliation. We will do this and we have been doing this. Let us not be divided on these issues. I mention this in terms of the kind of society and country I want to live in.

Let us get back to the context of this legislation and let us bring it into the real world. Only last week, when I talked about the rights of people with a disability, I asked the Minister for Education and Skills and the Minister for Health whether they would provide an extra €1,000 to help a young adult with Down syndrome complete a course in Trinity College.

I have the response from the Minister for Education and Skills, who is a member of the so-called inclusive Labour Party. She stated, "I also understand that the officials from the Department of Health and the HSE are not in a position to provide funding for this course." I hope the Bill puts the rights of such people first. It is a national scandal that €1,000 to fund a course for young adults with disabilities cannot be found.

There are 27,256 people with intellectual disabilities in the State. Some 2,271 people are looking for residential places and 197 need a day care place. These are the issues on which we should focus. Will the Bill guarantee the rights of such people? I have an open mind, but it will ensure there is pressure to deliver services for them. The reality for people with disabilities over the past four years has been unprecedented cuts to supports that enable them to live independently, such as the mobility allowance, the motorised transport grant, medical cards, home helps and the respite care grant.

The Government tried to scrap the personal assistant service, but reversed the decision because disabled people turned up out outside the gates of Leinster House. These cuts breach Article 19 of the obligations of the United Nations Convention on the Rights of People with Disabilities. These are the kind of issues that we need to address.

On equality, the OECD, the World Bank, the IMF and TASC recently said, "Gross income inequality is growing and...this has been identified as a serious impediment for future economic growth." Even if one did not believe in people's rights, such an approach will damage economic growth. There is an economic argument for vindicating rights.

The purpose of the Bill is to amend Article 45 of the Constitution by adding to it a provision contained in the Schedule, namely, "That the State shall progressively realise, subject to its maximum available resources and without discrimination, the rights contained in the International Covenant on Economic, Social and Cultural Rights (ICESCR), and that this duty be cognisable by the courts." I urge all Deputies to support the Bill and commend Deputies Pringle and Healy for showing vision and courage and setting out an agenda for the future and for the rights of people in the State.

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