Dáil debates

Wednesday, 22 February 2017

Disability (Miscellaneous Provisions) Bill 2016: Second Stage (Resumed)

 

9:20 pm

Photo of Peter FitzpatrickPeter Fitzpatrick (Louth, Fine Gael) | Oireachtas source

I welcome the opportunity to speak on this important Bill. Like many Members from all sides of this House, I support the concept of an inclusive society and the need to remove all barriers that currently prevent people with disabilities from fully participating in society. I have no doubt this legislation will benefit not only those people affected by disability, but also society as a whole as we work towards a more inclusive and equal place for people to live and work in. I strongly believe people with disabilities should be afforded the same opportunities as every other member of society. There should be no barriers for those with disabilities to fully participate in all aspects of society. For too long society has placed too many barriers in front of people with disabilities. There should be no barriers and this legislation will go some way to ensuring this.

The Disability Federation of Ireland recently reported there are almost 600,000 people in Ireland living with a disability, which is 13% of the total population. Of people aged 15 years and over who have a disability, 21% were at work, which compares with 50% for the overall population aged 15 or over. Some 16% of people with disabilities aged 15 years to 49 have completed no higher than primary level education, compared with 5% of the general population. It is quite clear from these statistics that not enough is being done to make our society more inclusive for those living with a disability.

The purpose of the Bill is to make progress towards Ireland ratifying the UN Convention on the Rights of Persons with Disabilities. The Bill, as published, will amend a number of existing acts including the Juries Act 1976, the Electoral Act 1992, the National Disability Authority Act 1999, the Equal Status Act 2000, the Disability Act 2005 and the Irish Human Rights and Equality Commission Act 2014. These amendments propose a number of changes including introducing a capacity test to see who can serve as a juror, and the Bill specifically provides that a deaf person will not be ineligible for jury service on the grounds that he or she requires a sign language interpreter. The prohibition of a person of unsound mind from standing for the Dáil will be repealed. It will be a function of the National Disability Authority, NDA, to provide information and advice to the Irish Human Rights and Equality Commission and staff members of the NDA will be civil servants. The amendments will also introduce a standard in regard to reasonable accommodation and a quota will now apply to Garda civilian staff.

While I welcome this legislation I am also concerned about some of the exclusions highlighted by other Deputies. The Irish Human Rights and Equality Commission has also raised these concerns and has requested the outstanding provisions be published without further delay, which will allow it to engage with the implications of the proposals for human rights and equality. It has also stated that in its opinion the number of provisions to be introduced on Committee Stage will significantly limit the potential for a detailed analysis. It made the point that in regard to deprivation of liberty, it might not be sufficient to simply introduce these measures on Committee Stage without a detailed analysis. I also understand that Inclusion Ireland has raised concerns in that regard.

We must ensure a thorough analysis is carried out so that any legislation passed ensures that the rights of people with disabilities are fully protected and enshrined in law.

Concerns have also been raised about the Title of the Bill and the fact that the word "equality" has been removed. I tend to agree with those who have concerns about that and support their call to have "equality" reintroduced to the Title of the Bill to take account of the wider reforms proposed.

With regard to what is included in the Bill, section 1 deals with jury service. This section provides for an amendment to the Juries Act 1976 to provide that a person who is deaf shall not be ineligible for jury service by reason only of his or her requiring the services of a sign language interpreter. I welcome this amendment and fully support the fact that those affected by deafness will not be discriminated against in

this respect. I agree with the commission, which has stated that all persons should be presumed to have capacity to serve on a jury and that reasonable accommodation should be provided to secure maximum participation in jury service.

With regard to section 4, it is welcome that there will be a higher standard of reasonable accommodation for persons with disabilities in respect of certain public and commercial services, including banks, insurance companies, telecommunications and transport providers.

I am strongly in favour of the Bill before us but I have reservations in respect of what is not included, or what has been excluded, at this Stage. The Minister of State has advised that those amendments will be introduced on Committee Stage but I express my concern that adequate time will not be allowed to debate them on Committee Stage.

Overall, I am in total favour of any measures that will help those with disabilities to fully engage with society in a real, meaningful and inclusive manner.

I invite the Minister of State, Deputy Finian McGrath, to my home town of Dundalk to meet families that have adult children with severe disabilities. All they are looking for is a bit of help. The help they are looking for is respite. We have very few, if any, respite services in Dundalk and generally in County Louth. In the coming months, whenever he can fit it into his diary, I would appreciate it if he came to Dundalk to meet those families. The Minister is doing a good job. He should keep it up.

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