Dáil debates

Thursday, 10 November 2022

Report of the Joint Committee on Disability Matters on the UNCRPD: Motion [Private Members]

 

5:25 pm

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail) | Oireachtas source

I apologise for being late. I have apologised to the Acting Chair. I thank Deputy Michael Moynihan and all his team who sit on the Committee on Disability Matters and who meet, as he said, every Thursday morning for their continuous dedication, not just on this matter but on so many other issues on which the committee is shining a very important spotlight. This is an important conversation. The committee has assisted me in breaking down many barriers and creating awareness. I am greatly appreciative not only of Deputy Moynihan and all his team but also of the secretariat and the people who come before the committee. It is a huge effort for some people to participate in its meetings. That is greatly appreciated. It helps to shape policy and is not a wasted effort. The evidence is listened to. Sometimes we might feel that the pace of this is very slow, but the committee's time and effort are noted and appreciated.

As Minister of State with responsibility for disability, I am wholeheartedly committed to ensuring that people with disabilities are supported to live the lives they want to live and are provided with equal opportunity and every opportunity to do so. The report being discussed is extremely helpful in advancing that work. It is comprehensive and insightful. It will help to inform the Government's approach in developing and implementing policy. Ensuring independent living for people with disabilities is a whole-of-government priority, and many of my Cabinet colleagues also have responsibilities in working towards that goal. The report recognises that challenge, and it is important we embrace the challenge of meaningful integration and participation.

So much of what the UNCRPD is designed to achieve is, at heart, the independence, dignity and inclusion of persons with disabilities. Currently, the primary means by which we advance the rights under the convention is through specific legislation and actions contained in Ireland's two overarching national disability policy frameworks: the national disability inclusion strategy, NDIS, and the comprehensive employment strategy, CES, for people with disabilities. The NDIS contains 120 actions to support effective progress in delivering on the obligations set out in the UNCRPD. The CES is the primary disability employment policy initiative in Ireland. We are all aware of the importance of employment to living independently, in respect of not only the financial contribution that work can provide but also the social and personal value that having a job brings and the sense of meaningful participation within wider society.

The programme of work set out in both of these strategies provides for continuous work in advancing disability issues and rights under the UNCRPD.

It is a great credit to the committee that there is more to say about this report than my speaking time allows. However, there are certain key issues and recommendations I wish to address in the time I have. One recommendation made in the report is the immediate ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities. Committee members will be aware the ratification of the optional protocol is a commitment in the programme for Government. The timeline for ratification was originally anticipated to follow the conclusion of Ireland's first review period before the UN committee. Due to delays at UN level, Ireland's appearance before the committee will now be delayed. Due to this delay, the Minister, Deputy O'Gorman, and I have indicated we are open to the earlier ratification of the optional protocol. My Department is working to scope out the requirements for earlier ratification, and this work is required due to the long-standing position of the State on honouring international agreements. As a matter of foreign policy, Ireland does not enter binding treaties until it is sure the obligations set out within can be complied with. While I would like to be in a position to tell the House this evening there is an exact date for ratification, unfortunately I cannot, but rest assured, it is a priority for me to ensure the optional protocol is ratified at the earliest possible date.

Another key recommendation set out in the committee's report relates to disability awareness. There are commitments concerning awareness-raising in both the NDIS and the comprehensive employment strategy for persons with disabilities, CES. Under the NDIS and CES, my Department has responsibility for certain actions relating to awareness-raising activities. Proposals for national campaigns are being developed under those actions, and I will be in a position to make further announcements on them in due course.

The inclusion of people with disabilities in the policymaking process is of the utmost importance. I note and agree with the committee's recommendation that more needs to be done on that front, especially when it comes to disabled persons' organisations. In that regard, the Disability Participation and Consultation Network was established in 2020 with funding from my Department. It continues to be an important forum in which people with disabilities, including disabled persons' organisations, can become involved in consultations that inform the development of law and policy in Ireland. I note certain county councils around Ireland do not know what a disabled persons' organisation is. Therefore, we have a distance to travel to create awareness.

I am aware of the need to review continually the effectiveness of the mechanism we use to engage with people with a disability. I welcome recent publications of both the committee and the National Disability Authority concerning the participation of people with a disability in this regard.

I agree with the committee's assertion that people with disabilities have a right to independent living. They also need to be empowered to make independent decisions. In that regard, I am keenly aware of the importance and significance of the reform represented by the Assisted Decision-Making (Capacity) Act 2015. The Act changes the existing law on capacity forms from the status approach of the wardship system to a flexible, functional approach whereby capacity is assessed on an issue- and time-specific basis. Under this legislation, persons' will and preferences will be presumed and respected. This will empower people to take control of the decisions that affect their everyday lives. This is a clear obligation under the UNCRPD, and it is also the strong position of the Government. As many Deputies here will know, amendments are required to the 2015 Act before full commencement can take place.

The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 will streamline processes in the best interest of those using its provisions. It will also strengthen the safeguards included in the 2015 Act. It is also being used to advance other legislative measures on disability inclusion issues. This reform is much needed and long overdue, and the Government is committed to commencing the amended 2015 Act as soon as possible.

I fully recognise the importance of personal assistance services to people who rely on them. I agree with the report's recommendation to expand the service. During my time as Minister of State, significant progress has been achieved.

The HSE provides a range of assisted living services, including personal assistance and home support services. These support individuals to maximise their capacity to live full and independent lives. The National Service Plan 2022 outlines the HSE's commitment to delivering 1.7 million hours of personal assistance services to 2,587 people and 3.12 million hours of home support services to 7,326 people this year. This reflects an additional 120,000 hours of personal assistance, which is the single biggest investment in personal assistance hours in several years. I also secured funding for an additional 30,000 hours of home support in 2022 to expand and enhance supports for people to live self-directed lives in their communities.

On engaging on going to work, I will need to work with employers. I will be asking the Department of Enterprise, Trade and Employment to support me in supporting people to make the transition with personal assistants.

I note the report recommends the introduction of a personalised budget model for people with disabilities. This is an area under consideration within the Department of Health and the subject of an ongoing pilot to scope out how a system for personalised budgets might work in Ireland. The personalised budget pilot is open to adults with a disability who receive HSE-funded services, including appropriate school leavers. The latter should be allowed to choose what they wish. I recently announced an extension to the personalised budget pilot until the third quarter of 2023, with the accompanying evaluation process to be completed in the second quarter of 2024. This extension will facilitate suitable applicant participation and allow time for a robust evaluation to be completed. I have removed the age barrier that determined when a person could get involved. It is important that people can have a choice in their lives, regardless of whether they are above or below 65.

Regarding the report's recommendations on housing, transport and social protection, I highlight that responsibility for these lies chiefly with the Minister for Housing, Local Government and Heritage, Deputy O'Brien, the Minister for Transport, Deputy Ryan, and the Minister for Social Protection, Deputy Humphreys, respectively. However, I note work being led by the last Minister under the Roadmap for Social Inclusion and Pathways to Work strategies. Under these frameworks, the Department of Social Protection has committed to developing and consulting on a straw man proposal for the restructuring of the long-term disability payments. I welcome that work and look forward to its outcome. The report on the cost of disability, published by the Department of Social Protection at the end of 2021, will also inform any changes made to how the State supports people with disabilities.

I note the recommendations in the committee's report on housing. The programme for Government commits to ensuring there is an appropriate mix of housing design types provided, including universally designed units, and accommodation for older people and people with disabilities. The second joint National Housing Strategy for Disabled People 2022-2027 was launched by the Minister for Housing, Local Government and Heritage, Deputy O'Brien, in co-ordination with my Department and the Department of Health on 14 January 2022. The new strategy sets out the vision for the co-operation and collaboration of Departments, State agencies and others in delivering housing and related supports for disabled people over the next five years. The purpose of the strategy is to enable disabled people to live independently in communities of their choosing, with integrated support services, which affords them appropriate choices and control over how they live and with whom they live.

I wholeheartedly agree with Deputy Moynihan that, where a person has a disability, regardless of whether he or she is being discharged from the National Rehabilitation Hospital or another hospital, and he or she wishes to be returned home, means testing should be removed. It is one of the biggest barriers to ensuring people can be returned home. Sometimes families have to put the money together before a person can return home. The grant of €30,000 for returning people to their homes is not enough. We need to increase it to what it used to be in years gone by, namely €50,000 or €60,000.

I think it needs to be increased up to that level. Given the cost of extensions and the adaptations to which the Deputy refers, we must be far more agile and pragmatic in ensuring that we do not have long stayers in acute beds that take far longer to discharge because of the barriers of means and not enough funding for housing adaptations. This is something I have raised with the Minister, Deputy Darragh O'Brien. I also welcome the fact he has almost sorted the funding to ensure that ceiling hoists would be put in place in conjunction with stair lifts. People will have a choice, as we will be able to support them to live at home rather than having a medical model whereby people must be in a nursing home because they do not have ceiling hoists at home. That is something on which the Minister, Deputy Darragh O'Brien, has done a lot of work and I look forward to his announcements in the coming days.

I welcome the committee's findings on transport for people with disabilities. The Minister, Deputy Eamon Ryan, is fully committed to strengthening public transport offerings and progressively making them accessible for all. In line with the UNCRPD, the Minister for Transport and the agencies under his Department are progressively making public transport accessible, including in rural areas, by ensuring that new infrastructure and services are accessible from the start, and retrofitting older legacy infrastructure and facilities to make them accessible. This requires a "whole-journey approach" which refers to all elements that constitute a journey from the starting point to destination. It also means applying the principles of universal design.

The Government recognises the fundamental importance of the right of people to independent living. I again welcome the committee's report in that regard. Important progress has been made in respect of this right and I want to be able to celebrate that. However, this journey is one of continuous advancement and it will take time. I will continue to advance measures to progress rights under the UNCRPD and I will also continue to drive forward the necessary reforms over the coming weeks and months. I look forward to working with the committee, going forward, in the delivery of some of the actions set out.

Comments

No comments

Log in or join to post a public comment.