Dáil debates

Tuesday, 27 March 2018

Services for People with Disabilities: Motion [Private Members]

 

10:05 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I welcome the Minister of State's confirmation of support for the motion. He concurs with what I and other Deputies have said on the understanding of what is at the core of the motion. This is all about equality and rights.

The Minister of State, Deputy Jim Daly, however, has also said that there is joined-up Government on these matters. The Minister of State cited instances of interdepartmental co-operation on the needs of people with disabilities, but this does not confirm joined-up Government action on the needs and rights of people with disabilities. This is an absolute requirement.

With regard to the optional protocol to the United Nations Convention on the Rights of Persons with Disabilities, the Minister of State, Deputy Finian McGrath, has said that he intends to secure its ratification once the first reporting cycle under the UNCRPD has passed. This does not represent a definite timeframe. It is vague and uncertain. I put it to the Minister of State, Deputy Finian McGrath, that he may not be in office to see its delivery, so I appeal to him to seize the opportunity when it is within his reach. I also appeal to the Minister of State, Deputy Jim Daly, to be supportive and to ratify the optional protocol now, please, given that the predecessor of the Minister of State, Deputy Finian McGrath, committed to doing it in tandem with the UNCRPD. Any further delay is wholly unacceptable. As I said in my opening remarks, nothing will change what needs to be changed speedier than enforceability. This is what is missing with regard to the convention. Enforceability will help to change everything.

There was no reference whatsoever to thein loco parentisclause in the offering on the record of the Minister of State, Deputy Finian McGrath, or in the section of his address he did not reach.

I acknowledge that the Minister of State, Deputy Jim Daly, addressed it in his contribution. I am very familiar, however, with the wording he employed because it is a formula used in response to parliamentary questions on this matter.

I urge the immediate abolition of what I can only describe as theloco parentis clause on home care nursing supports for very sick children. It is an offensive clause. The people who feel it directly are absolute heroes and deserve the very limited respite that these brief breaks represent for them.

Recently several applications for the disabled drivers and passengers scheme have been turned down because the vehicle in question was bought under a personal contract plan, PCP. I have tabled parliamentary questions on this and the response I have received is that this matter is being considered. The critical qualification must be the need of the disabled driver and passenger, as the case might be, not the methodology of purchasing the vehicle. I strongly urge the Minister of State to reflect on that need.

The critical areas of legislation to be completed include the decision support service, as promised in the Assisted Decision-Making (Capacity) Act 2015 and the Disability (Miscellaneous Provisions) Bill 2016, which has yet to be presented. I oversaw its pre-legislative scrutiny at the Joint Committee on Justice and Equality. We need to see that presented. It cannot be long-fingered. There needs to be enshrined in legislation in respect of people with disabilities a corresponding entitlement to a service, along with an assessment of need.

I thank my colleague who is a member of the all-party committee on disabilities, Deputy Murphy O'Mahony, for her and her party's support for our motion this evening. I thank all members of all parties and none for their supportive contributions. I was disappointed that the Minister of State, Deputy Finian McGrath, sat alone for 90 minutes of this debate. The Minister of State, Deputy Jim Daly, might like to mention to his party colleagues that a little support and a presence might have given some credibility to his arguments regarding joined-up Government thinking, let alone action.

My last thanks are to all the campaigning and representative organisations who tirelessly work in support of people with disabilities and especially those representatives who attended here this evening. Go raibh míle maith agaibh go léir.

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