Dáil debates

Tuesday, 31 January 2017

Disability (Miscellaneous Provisions) Bill 2016: Second Stage

 

7:40 pm

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail) | Oireachtas source

They have publicly said that they feel they should have been consulted in a more wholesome way. It is an unfortunate reflection of the public debate.

I thank the many disability groups, including the Disability Federation of Ireland and the Equality Rights Alliance, for their work and advocacy in fighting for the rights of people with disabilities. I pay tribute to the many centres for independent living, including the Blanchardstown centre in my own constituency, which do phenomenal work for people with disabilities. I have been privileged to witness, at first hand, the important work they undertake to support disabled people and I have seen the incredible progress people can make with the right measure of encouragement, support and understanding.

By adopting a rights-based approach, it is important this is imposed on every resource allocation. Before Christmas, in Mulhuddart in my constituency, there was an issue about the angle of a path and how someone was unable to cross the road to access the centre for independent living. In fairness to Fingal County Council, it is trying to rectify the matter but without its positive approach people would be left behind. It is important we couple what we are doing now and in the coming weeks with a real implementation of this approach across every level of Government and every resource allocation.

My party has always been committed to fighting injustice and discrimination in all forms and to creating a more equal and inclusive society. We are dedicated to removing restrictions that inhibit people with disabilities and ensuring that everyone can fulfil his or her potential to participate and contribute to a diverse society. I am proud that Fianna Fáil was the first party to outline a detailed commitment to address the needs and rights of those with disabilities. The first national disability strategy was developed and commenced as a result of the party's work in this area. This saw the creation of more residential and respite care places, the passing of important disability legislation and the setting of targets to ensure this was delivered.

This continues to be followed in our national policy today as we move from an institutionalised approach to a community-based one. The Bill before us is another important step in our support for people with disabilities. It is a significant shift from a medical model to a rights-based system and it is welcome. However, a number of important provisions will be required on Committee Stage. Clarity is required on who has statutory responsibility for a decision on a patient leaving a residential care facility. The absence of a statutory provision regarding deprivation of liberties in such cases means we are unable to comply with the UN convention as drafted. The point is that there is no statutory law here. Other provisions that will need to be brought forward relate to a person's fitness to be tried and the prohibition of discrimination against transgender persons, as well as the definition of victimisation.

I wish to mention an excellent article by Mr. Paddy Connolly, the CEO of Inclusion Ireland, in which he said that people with disabilities are not a diagnosis, they are human. In fairness to the Minister of State, the Department and everyone else involved, we are trying to remove a dehumanised approach that labels people. We should value lives so that those with disabilities are given full resource allocations. An inclusive decision-making approach is required so that people are not seen as a process of existence, but are put at centre stage. They must be given the full capacity to live the life they want within our society.

We must address matters such as the quality of life of those within our communities. This Bill will go some way towards achieving that. An interdepartmental and intersectional approach is crucial to embracing the spirit of what the Minister of State is trying to achieve. The Government should fully commence the Education of Persons with Special Needs Act 2004, the Citizens Information Act 2007 and the Disability Act 2005. These measures were mentioned by Mr. Connolly in his article.

I look forward to working constructively with the Minister of State on this legislation to ensure that Ireland ratifies the UN Convention on the Rights of Persons with Disabilities, UNCRPD, in order to protect the rights of people with disabilities in Ireland.

Comments

No comments

Log in or join to post a public comment.