Declan Breathnach (Louth, Fianna Fail) | Oireachtas source

Since entering the Dáil 12 months ago this weekend, I have mooted that this Dáil should be a champion for those with disabilities. We should speak of varying abilities rather than disability. During my 35 years working as a primary school teacher I viewed children with a disability as young people of varying abilities and always focused on their abilities rather than their disabilities.

As has been said, this is half a Bill and it is being rushed through without being fully drafted to be ready for enactment to honour the ratification of the United Nations convention. We in Ireland signed the UN Convention on the Rights of Persons with Disabilities in 2007, and Fianna Fáil broadly supports the provisions of this Bill to address the remaining legislative barriers to Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities. There is an urgency here as the convention followed decades of work by the United Nations to change attitudes and approaches to persons with varying degrees of abilities. We must move away from viewing persons with disability as "objects" of charity, medical treatment and social protection towards viewing persons with varying degrees of disabilities as "subjects" with rights, who can claim those rights and make their own decisions for their lives, where possible, as well as being active members of our communities. The Irish Human Rights and Equality Commission has been very strong on this point.

That the Bill is incomplete, with at least another six sections planned for introduction on Committee Stage, significantly limits the potential for a detailed analysis and debate on those sections, upon which meaningful commentary may be provided by relevant stakeholders, including the Irish Human Rights and Equality Commission. Fianna Fáil is committed to the removal of barriers that prevent people with disabilities from fully participating in society and exercising their rights and entitlements as citizens. In this regard, why is it taking the Government so long to replace the motorised transport grant that was discontinued in February 2013? At that time people were told an alternative scheme was being devised to replace it and we are now nearly four years on from then. It has been raised in this House on numerous occasions over the past 12 months by many Deputies.

The primary medical certificate scheme relates to a certificate issued by the Health Service Executive, HSE, which certifies that a person is a severely disabled and permanently disabled person for the purposes of Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. Some of the benefits of this certificate are that one may qualify for a refund of vehicle registration tax, value added tax, VAT, and excise duty if one buys a new or second-hand car. A person may also qualify for exemption of road tax and a refund of VAT on motor fuel up to certain limits. However, the criteria used to determine entitlement to this certificate are severely restrictive and should be re-examined. At least three Deputies raised the issue last week under questions about promised legislation, mentioning its application to blind people and those with various difficulties not covered by the scheme. With regard to disabled persons' grants, such as the housing adaptation grant, a formal national policy must be designed to standardise the administration of the grants throughout the country and their interpretation by local authorities.

Section 4 deals with the duty put on employers and some service providers to accommodate reasonably the needs of people with disabilities. Inclusion Ireland has indicated it is deeply regrettable that Ireland will enter a reservation with regard to reasonable accommodation and different levels of reasonable accommodation, such as "nominal costs" for private services and "disproportionate burden" for public services in employment law, will operate in tandem.

I welcome section 5, which deals with civilian staff in the Garda Síochána, bringing this sector back within Part 5 of the Disability Act, providing a 3% quota of employment for people with disabilities. Regarding other workplace schemes for people with disabilities, I want easier access to the EmployAbility scheme and more assistance for people to retain and keep jobs in the long term. Too many of these schemes are short-term work placements and do not serve the needs of many people with disabilities who want to reside and work in their communities.

As Deputy Catherine Connolly said, the 2011 census found that 13% of the population had a disability, and only 21% of those people aged 15 and over were working. I want to see a much higher percentage of places on work schemes ring-fenced for people with disabilities within their communities where they feel they are making a contribution. A similar figure of 3% or more would allow people who normally would not be able to get permanent work to feel they are making a valuable contribution. They should be allowed permanency on those work schemes where work is not available.

I am dismayed that some extremely important aspects of this Bill are being delayed and will be introduced only on Committee stage. These include deprivation of liberty issues, fitness for trial and tax matters on behalf of incapacitated persons. The Irish Human Rights and Equality Commission, IHREC, has said, “In the absence of published draft legislation, it is difficult for the Commission to discharge its function to examine legislative proposals under Article 10(2)(e) of the 2014 Act and to make concrete recommendations which can be of utility to the Legislature, particularly in relation to this aspect of reform.” This concern is also shared by Inclusion Ireland, which is concerned about legislative clarity on the issue of deprivation of liberty. The Centre for Disability Law and Policy also has grave concerns about important aspects of the Bill being introduced only on Committee State. In light of these concerns, Fianna Fáil proposes that it may be worthwhile for the Oireachtas Joint Committee on Justice and Equality to hear in public from interested parties when the amendments are published and before Committee Stage. I respectfully ask that this proposal be considered.

Ireland is in the process, albeit very slowly, of moving from institutionalisation and congregated settings to community living. Adequate supports and services are required if people with disabilities are to live independently, become a part of the community and have a value within the community. I want to see the removal of barriers that prevent people with disabilities from fully participating in society and exercising their rights and entitlements as citizens.

I commend the Minister of State's visit to Drogheda, where he viewed the WALK PEER programme and the work being achieved under the programme by students in St. Brigid's school in Ard Easmuinn and St. Ita's special school in Drogheda. The House has constantly called on the Minister of State to enhance and mainstream the programme. Anybody who was there to witness the 100 students, their manner and approach to the programme and the values they achieved from it would know it is a no-brainer to ensure the programme is enhanced. I refer to the issue of a particular situation at St. John of God's in Drumcar, where more than 100 people with long-term intellectual disabilities are in danger of losing access to the property due to HIQA's evaluation of it. This shows the lack of investment for people who may not be able to participate fully in society. We must address the financial issues associated with it.

Many years ago, under the old health board system, it was proposed that an advocate for people with disabilities would be promoted for those who do not necessarily have a voice for themselves through their family or otherwise. People in State employment or otherwise would offer themselves to match with people with disabilities to ensure they get correct access and advocacy. It is worth considering this, even in terms of those who step up to the mark getting something in return for putting the voluntary effort into assisting people.

Deputy Catherine Connolly referred to the Barcelona declaration on accessibility and design. The Minister of State's Department must work particularly hard with the Department of Communications, Climate Action and Environment and the local authorities to address car parking and footpaths in poor repair. In Dundalk, a number of organisations have asked local authority members, Deputies and others to see what it is like to have a disability and see the impact of poor infrastructure. I compliment the voluntary bodies and State organisations too numerous to mention which daily help enhance our disability services.

Many years ago, my local authority was the first to introduce the concept of an age-friendly county. This has been extended across a number of counties. A concept can be difficult to realise and financial constraints do not necessarily allow everything to be achieved. However, if the Dáil were to take on disability and the issues surrounding it, and if it were the focus of every Deputy who is constantly being bombarded at clinics and over the phone by people looking for services, we would be a much better society for it. Integration benefits not only people with disabilities but those who have a greater ability. The effect in terms of understanding disability is probably twice as valuable as the integration that happens regarding education provision.

Fianna Fáil will support the legislation. We would like a lot more to be done. Personally, I believe actions speak louder than words and where there is a will, there is a way. I would like the House to deliver on disability during this Government and beyond. This is my first opportunity to wish the Minister of State well in that regard.

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