Mary Lou McDonald (Dublin Central, Sinn Fein)
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57. To ask the Minister for Public Expenditure and Reform the extent to which, in all public procurement processes, accessibility is considered, given that users have differing capabilities and that users' abilities may be impaired, either permanently or temporarily, by various physical, intellectual, sensory or mental health disabilities; and if he will make a statement on the matter. [1947/16]

Mary Lou McDonald (Dublin Central, Sinn Fein)
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This question refers to accessibility in all public procurement processes. Public bodies have a legal responsibility to incorporate accessibility in the procurement process under section 27 of the Disability Act, which came into effect on 31 December 2005. What does that look like, how does that operate and what weight or seriousness is afforded to it?

Brendan Howlin (Wexford, Labour)
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The area of accessibility for people with disabilities comes under the remit of the Minister for Justice and Equality and, as Deputy McDonald said, is addressed in the Disability Act. Public bodies are required under section 25 of the Act to make their public buildings, other than heritage sites, accessible to people with disabilities in compliance with the relevant building regulations.  In regard to goods and services, section 27 requires the head of a public body to ensure services provided and goods supplied to the public body are accessible to people with disabilities, unless that would not be practicable, would be too expensive or would cause an unreasonable delay.

This legislation is supported by a number of documents which have been issued by the Disability Authority, which again is a matter for the Minister for Justice and Equality. These include a code of practice issued in 2008 and a guidance document issued in 2012. The guidance document is available on the OGP website in order that staff involved in carrying out and managing the procurement of goods and services are aware of their responsibilities.

The Disability Authority has pointed to the benefits of increased accessibility for people with disabilities that can be brought about by public procurement. The Government endorses this important way of maximising social inclusion and we will be working ever more closely to achieve those objectives.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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I thank the Minister. The reason for raising the issue is that, as I hope we can agree, issues pertaining to disability and persons with disabilities are far too often marginal or peripheral to mainstream debate, and we need to change that. It stands to reason that the State, in particular the Government in office, through all its actions, including procurement policies and processes, needs to lead from the front.

I would like the Minister to be more specific rather than say the Government endorses this approach. I know there are guidelines in place, but what oversight is there of these guidelines? In what instances have those guidelines fallen and what action has been taken to remediate that and to ensure we do not just have good guidelines and legislation but also have good practice?

Brendan Howlin (Wexford, Labour)
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I agree with much of what the Deputy has said. When talking about any issue, we need to ensure we are inclusive. My good friend and colleague, now Uachtarán na hÉireann, always talked about vindicating citizenship to ensure everybody can exercise full citizenship, regardless of disability, gender, sexual orientation or anything else. This is important. I agree entirely with the Deputy that we need to talk about these issues in a mainstream way.

In terms of specifics, it is not simply a matter of saying we support guidelines. For example, in the context of accessibility to facilities for people with disabilities, guidelines are set out in Part M of the building regulations and, as a matter of law, people constructing buildings must have regard to them. Drawing and technical specifications describing the buildings must have regard to these regulations and be designed to ensure there is full access. A certificate attesting compliance with the regulations must also be submitted prior to the commencement of works.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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I am aware of that, but for all that, we meet people with a disability, specifically people who use a wheelchair, who tell us their experience is not of an accessible city, town or services. I hope in the course of the next general election they will spell out specifically the inaccessible nature of many facilities. While it is not under the Minister's remit, I could provide the example of one of the big complaints in the city of Dublin, namely, the issue of access to taxis. This falls within the remit of transport, but is outside the remit of the Minister because taxis are privately run.

In the review of matters as we come to the end of the Minister's time in government and as we prepare for an election and, one hopes, a new government, this issue needs to be central. We need to take actions that impress upon public bodies, buyers and providers of services that the law and regulations must be enforced ambitiously and generously in a spirit of citizenship.

Brendan Howlin (Wexford, Labour)
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Again, I do not disagree with the Deputy. We need to ensure the regulations are policed and that people comply with them. However, I go further than that. It is not a matter for "us" to ensure "they" are looked after. We need to be inclusive. That is why, for example, the Office of Government Procurement councils dealing with purchases - the Deputy mentioned fleet and transport - include a member of the Irish Wheelchair Association. This member is there specifically to ensure these measures are not peripheral or part of a checklist but an integral part of the procurement process. We need to transfer this process across the system to ensure people with disabilities are fully represented in decision-making. They should not just be outside advisors but be at the heart of decision-making on matters that affect them directly.