Dáil debates

Wednesday, 20 February 2008

9:00 pm

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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Will the Tánaiste and Minister for Finance consider awarding primary medical certificates to persons with mentally disabilities and Down's syndrome under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994? I put this question to the Minister some weeks ago. I dislike categorising any individual but there are six categories under which one may qualify for a primary medical certificate whereby one can avail of a concession on vehicle registration tax, VRT, and motor tax. I ask the Minister to include in this categorisation the parents or guardians of persons with mental disabilities and sufferers of Down's syndrome. While such persons are entitled to drive when they become adults, they will never be able to do so and are entirely dependent on their parents or guardians for transportation.

Under the current regime, only persons who are missing at least one limb or have the medical condition of dwarfism qualify for the disabled drivers grant. Mentally disabled persons and those with Down's syndrome are entitled to this benefit. In Northern Ireland and Britain, for example, people with Down's syndrome qualify for the primary medical certificate whereby their parents or guardians can avail of exemptions on VAT and VRT on the purchase of a car. It would be a progressive step on the part of the Government to provide this benefit to parents who are primary carers of their mentally disabled or Down's syndrome children. Their lives are dedicated to providing for those children.

I understand the disabled drivers grant represents a significant expenditure for the State. The majority of people availing of the grant change their cars every two years. I accept that there are limited resources and that the cake is already divided among many beneficiaries. However, a legislative provision whereby recipients of the grant could change their cars only every four years rather than every two years would halve the cost to the State and facilitate the inclusion of the parents or guardians of persons with mental disabilities or Down's syndrome within the scheme. I strongly urge the Minister to consider such an amendment. Such persons are unlikely ever to be able to drive and are entirely dependent on their parents or guardians in this regard.

This would be a positive initiative on the part of the Government. I have seen parents dedicate their lives to their children with mental disabilities or Down's syndrome. Their inclusion in this scheme would provide support of which they are entirely deserving. Nobody would wish to see a return to previous times when children with mental disabilities and Down's syndrome were sent to mental institutions. The parents of these children want to care for them themselves and provide an important service to society in so doing. The State should support them where possible. They do everything for their children, bringing them to and from school, leisure activities and so on.

I applaud the work being done on behalf of people with Down's syndrome and other mental handicaps. I refer to sporting organisations like Special Olympics Ireland, for example. The proposal I have made, which would help to lift the burden on parents, would be a positive thing for the Government to do and would greatly help families. I accept that a limited amount of funding is available, although it could be divided better. People who are availing of the disabled drivers scheme will probably contact me in the morning to complain about what I am saying tonight. I feel very strongly that many more people could be accommodated under the scheme. It would be a positive step if the Government were to adopt the approach being taken in Britain and Northern Ireland.

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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The disabled drivers scheme was established in 1968. Under section 43 of the Finance Act of that year, relief from road tax is offered to people with a disability who meet specific medical criteria. The scheme has been extended and amended on a number of occasions since then. The benefits of the scheme for those who qualify are set out in the 1968 Act. Such people are entitled to full vehicle registration tax and VAT relief in the relevant tax year when they purchase an adapted vehicle, subject to limits of €9,525 for a qualifying driver and €15,875 for a qualifying passenger or organisation. In the case of passengers, there is a requirement that the adaptation to the car must amount to at least 10% of the cost of the car. In the case of both drivers and passengers, the vehicle must be retained for at least two years. Those who avail of the scheme are also entitled to an exemption from road tax.

The average total annualised value of these benefits is estimated at around €5,500 per claimant. In the year of purchase of a car, a claimant receives benefits relating to the purchase of the car and road tax. In the other years, the benefits received relate solely to road tax. The regulations also provide for the inclusion in the scheme of non-profit organisations involved in the transport of people with a disability. The most recent data available from the Revenue Commissioners for the overall scale and scope of the scheme show that the total number of claimants in the system in 2007 was approximately 12,500 — some 4,750 drivers and 7,750 passengers. The total cost of the scheme in 2007, excluding road tax, was €66 million. That figure increases to €74 million when road tax is included.

All Deputies come across genuine cases. This issue has been discussed on several occasions since I was first elected to this House. The regulations governing the scheme have been amended and adjusted. I accept that the reply that has been circulated is a standard one. It might not seem to get to the core of the case made by Deputy Sheahan. Strict medical criteria are set for qualification for this generous scheme, which is not open to all people with a disability. It is available to those who have certain serious permanent physical disabilities which result in considerable mobility difficulty. The Deputy has outlined broadly the six categories of disability which are covered in the scheme. A fundamental requirement for admission to the scheme is that the applicant meets the specified medical criteria and is in possession of a primary medical certificate to that effect. A person who is deemed to satisfy the criteria is given a certificate by the senior medical officer of the local HSE area. Possession of a certificate qualifies the holder to claim the benefits of the scheme as a qualifying driver or passenger.

In some cases, those who apply do not appear to the senior medical officer to meet the criteria and the certificate is therefore refused. The legislation provides for an appeals procedure, operated by the disabled drivers medical board of appeal, when a certificate is not granted. The board is an independent body and its decision is final. Its members are appointed by the Minister for Finance, on the nomination of the Minister for Health and Children. Considerable efforts have been made in recent years to improve the level of service offered when appeals are made. Further work is needed in this regard. Following a period of difficulty in organising sufficient meetings of the medical board of appeal, the board was reconstituted in early 2005. The number of people on the panel of doctors has been incrementally expanded from three to 15 since that date. This has facilitated more frequent meetings of the board.

I was not aware until Deputy Sheahan mentioned it that children and adults with Down's syndrome are covered by the schemes which operate in Northern Ireland and England. I will bring that to the attention of the Minister. This country's scheme is very generous for people in the six categories who qualify for it. Those who benefit from the scheme can change their cars every two years. This generous scheme costs quite a bit. It is very helpful for those who qualify. I accept that it may seem to those who do not qualify that the scheme is mean, miserable and tight. I will bring the point made by the Deputy about Down's syndrome to the personal attention of the Minister for Finance, who will see if changes can be made.

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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Given that the scheme is 40 years old, it is time to update it.

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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It has been updated several times.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Supplementary remarks are never allowed at this stage of the Adjournment debate.