Pauline Tully (Cavan-Monaghan, Sinn Fein) | Oireachtas source

First, I thank all the Members who contributed to this debate and thank them for their support of the motion. I also thank the Government for supporting the motion. It is an issue that is affecting children and families in all parts of the country. We all agree it is an urgent issue that must be addressed. Children cannot continue to wait for supports they are entitled to, and parents cannot continue to face ongoing battles for supports or to have to source services privately or take the State to court.

We are calling for the CDNTs to cease using the standard operating procedure and instead ensure timely access to a full and proper multidisciplinary needs-based assessment. The HSE is using preliminary team assessments to avoid being taken to court for not fulfilling its obligations under the Disability Act. The preliminary team assessment is not an assessment of need as outlined under the Disability Act and the HSE should stop pretending it is. I agree with the Minister of State that the Disability Act needs to be reviewed and updated. It definitely does, and especially to recognise the fact that we have ratified the UNCRPD and we have an obligation to implement that. If we do not, we will see a raft of actions taken against the State for needs being unmet. I welcome the fact that the optional protocol will be ratified soon. Again, however, it will allow people to take cases to the UN under the optional protocol for needs not being met.

Other Deputies have referred to court cases, settlements and the HSE and the Department of Health using money for them. It is our money; it is taxpayers' money. We, the taxpayers, are paying for something we do not agree with. We do not agree that the HSE should be fighting these cases in court.

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