Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

On behalf of the Minister for Health and the Minister of State with responsibility for disability, I thank all of the Deputies across the House for their contributions to this evening's debate. I also wish to acknowledge the points that have been raised about the significant and daily challenges faced by people with disabilities, their families and disability services. The Minister of State, Deputy Rabbitte, spoke about the significant funding provided by the Government for specialist disability services since 2020. As we know, budget 2023 had as its primary focus the urgent need to address the cost-of-living challenges currently facing the country.

It is important to note that the overall increase in specialist disability funding compares favourably to previous years. There is an allocation of €177 million in additional funding for the delivery of disability services in 2023. That reflects the Government's commitment to strengthening the funding provided for the disability sector. We made a commitment to work to improve the lives of persons with disabilities in the programme for Government. The increased funding in budget 2023 will give people with disabilities greater choice, independence and control to live their lives and to participate in a meaningful way within their local communities.

I am pleased that section 39 organisations in disability services, as well as nursing homes, hospices and other section 39 organisations, will be eligible to receive once-off additional support from within the overall health sector fund. The once-off additional fund of €100 million has been allocated by the Government in budget 2023 to support section 39 organisations that provide essential health services in the context of the significant challenges they are facing currently.

The additional year-on-year funding for disability services under this Government reflects a commitment to strengthening the funding provided for the disability sector and working to act to address the shortfalls identified in the disability capacity review. In July 2021, I was delighted to publish, alongside the Minister for Health and the Minister of State, Deputy Rabbitte, the disability capacity review to 2032. This report outlines how levels of service provision will have to increase to meet growing demand into the future, and the necessity of meeting levels of unmet demand. This reflects our obligations under the UNCRPD for progressive implementation of social, cultural and economic rights. This report contains invaluable data, which will allow us to plan to increase capacity in our services and ensure we meet the needs of those requiring specialist disability supports and services now and into the future. I was proud to have the report published as doing so shines a light on the level of need for disability services, which we as a country have a duty to address. I am totally committed to working towards the recommendations of the capacity review.

A working group was set up to develop an action plan for disability services, taking a cross-government approach, to drive the process of implementing the review's recommendations. The cross-government approach to this work is central. Ensuring appropriate supports and services for our citizens with disabilities is not simply a health matter but one that reaches across all of the Government and will ensure the totality of each individual with a disability is fully taken into account. The disability capacity review set out an estimate of future service requirements to 2032 and it is intended to address the capacity deficits in a phased approach over this period. The forthcoming disability services action plan will be an implementation plan for the first phase of this and is currently being finalised for approval.

The proposed transfer of specialist disability services functions from the Department of Health to my Department has been a complex process involving primary legislation, the development of administrative arrangements and a financial governance model. Officials in the Department of Health and my officials in the Department of Children, Equality, Disability, Integration and Youth have been working intensively to give effect to the transfer of responsibility for specialist disability services to my Department. This has been a complex process involving significant moving parts. I understand the frustration about the delay but we are dealing with a range and scale in the transfer of policy for the oversight of part of the HSE’s work. It is important that this be done right and that we have full accountability around those funding mechanisms to have accountability for the delivery of services.

The Government is committed to ensuring that the rights of people with disabilities are upheld and safeguarded and to ensuring they are supported to live the lives they want to and are provided equal opportunities to do so across the State. Ireland ratified the UNCRPD on 20 March 2018. This marked an important milestone in a process to strengthen the rights of people with disabilities in Ireland that has gathered momentum since Ireland became a signatory to the convention in 2007. Ireland submitted its first state report under the UNCRPD in November 2021 and we had expected to engage with the UN committee this year in reviewing our implementation of the convention since 2018. However, due to delays at UN level, we understand that Ireland's appearance before the committee may now be delayed for some time. In light of that delay, both the Minister of State, Deputy Rabbitte, and I have indicated that we are open to the earlier ratification of the optional protocol. Earlier ratification of the optional protocol is contingent on the State being in a position to meet its obligations under it. This is reflective of the State's long-standing approach to entering into binding international obligations in good faith and at a point where the State is in a position to meet its obligations.

As part of the development of a UNCRPD implementation plan, the requirements for ratification of the optional protocol are being scoped out and considered. My Department has engaged with its internal legal advisers, the Office of the Attorney General and the Department of Foreign Affairs in examining the requirements for ratification. One of those key points is the full commencement of the Assisted Decision-Making (Capacity) Act 2015. Its implementation will being us into full compliance on a range of UNCRPD measures. In order for that to happen, I am currently bringing legislation through both Houses. The Assisted Decision-making (Capacity) (Amendment) Bill 2022 has cleared the Dáil and is going through the Seanad at the moment. We recently finished Committee Stage and I look forward to completing Report Stage and bringing it back to the Dáil to approve the Seanad amendments in the near future.

A key commitment in the preamble of the UNCRPD commits state parties to recognise "the need to promote and protect the human rights of all persons with disabilities, including those who require more intensive support". Furthermore, this commitment is made through specific legislation, such as the Disability Act 2005, and through national disability policy frameworks of the national disability inclusion strategy and the comprehensive employment strategy for people with disabilities. Any review of the Disability Act and the development and review of policy will only be pursued with a view to ensuring the ongoing relevance of material on the Statute Book and in full cognisance of the constitutional and legislative rights of people with disabilities in Ireland, and of those rights and commitments set out in international law. The Government remains wholeheartedly committed to continually advancing the rights and obligations to which it has recognised and agreed to be bound by in ratifying the UNCRPD.

Many Deputies have voiced criticism of progressing disability services and have highlighted the significant gaps in the delivery of therapies for children. The Minister of State and myself are acutely aware of that, both from our roles as Ministers and as constituency Deputies. I recognise that many parents have lost confidence in this policy. That is why our Departments are working with the HSE to bring forward a clear roadmap for how we can get more therapists working on the front line in the CDNTs, train more therapists every year, and get the voices of parents into this system through operational and effective parental forums. We look forward to bringing forward this document soon to begin that process of trying to rebuild confidence in progressing disability services.

I again thank all Deputies for their contributions to the debate. I reiterate this Government's commitment to improving the lives of persons with disabilities. Deputies have raised real issues where the State must do better in meeting the rights of people with disabilities. The increased investment in budget 2023 allows us to do more but myself and the Minister of State are both acutely aware, as is the Government as a whole, of the need to do more.

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