Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source

That it is necessary to bring such a motion before the House tells its own story, the story of how this Government and previous Governments have failed to prioritise children's disability services. The Government and the HSE are required by law, as Deputy Cullinane said, and by decency to protect the rights of children with disabilities. The motion calls on the Government to fulfil the law, to uphold the rights of children with disabilities and to provide them with the services they need. Under the Disability Act 2005, an assessment of needs must be provided and it must be completed within six months of application. This month, the High Court ruled that the assessment of needs process of the HSE was operating outside the law and that it denied children with disabilities their rights. It is a shameful episode and a vindication for so many children and their families, who have been failed in respect of what they were entitled to. They deserve much more from the Government and the HSE.

The court found that the current operating procedure being carried out by the HSE, which was introduced by the Government in 2020, effectively allowed it to breach its obligations. The HSE has repeatedly breached parts of the Act passed by these Houses. It consistently failed to submit reports to the Minister. The Government and the HSE must live up to their obligations under the Disability Act 2005. They have to live up to the law of this State when it comes to children with disabilities. Waiting lists for children's disability services and interventions are out of control. They are failing children and families. In Donegal, there are currently seven vacancies and more than 1,000 children awaiting assessment for occupational therapy, speech and language therapy and psychological services. Some 580 of these children are awaiting primary care speech and language therapy and have been on a waiting list for more than eight months. Many of them are waiting for more than a year.

This motion calls on the Government to act and to develop and implement a strategy whereby staff can be recruited and retained to deliver services. It commits to a review of the Disability Act to ensure it is not undermining the rights of children with disabilities or scaling back on provision. Crucially, it says the Minister has to start complying with the law, and the HSE has to do the same.

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