Steven Matthews (Wicklow, Green Party)
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I thank the Minister of State, Deputy Noonan, for being here to answer these questions. I request that the Department of Housing, Planning and Local Government carry out a review to examine amending the building regulations to include the mandatory installation of adequate toilet facilities for disabled people and their carers, known as changing places facilities. The Minister will know that while Part M of the building regulations states that new buildings must include standard wheelchair accessible toilet facilities, they do not allow for more severely disabled adults and teens, who may require incontinence pad changing facilities, a larger square metreage floor area to allow for carers and the use of a hoist. The campaign group Changing Places has established a template for a changing facility that allows equity of access to all. These are accessible for those who need carer support for sanitary and toilet use. Changing places rooms have a higher ceiling to allow for a hoist, a larger floor space to accommodate carers, a centralised toilet to allow for carer support and, vitally, a height-adjustable adult-sized changing bench. At the moment, there are just 15 changing places facilities in the Republic of Ireland.

To put this in context, I will tell the Minister of State about Sophia. I have her family's permission to highlight her situation in the Dáil this evening. Sophia is a wonderful young woman. She is 13 years of age and loves her dog, her brother, her sister and eating ice cream. Sophia also has cerebral palsy and arthrogryposis and has had surgery for scoliosis. She is non-verbal and requires an adult-sized changing bench for toilet use. Recently, Sophia and her family visited me in Bray and when I asked where the nearest changing places facility was, her father Aaron told me there were none available in the entire county of Wicklow, and Wicklow is not unique in this regard. Many parents have experienced the frustration of seeking baby changing facilities, only to find they are not available. Usually, with a small baby one can make do. This is not the case for people with certain disabilities. In Sophia's case, every trip and visit is planned with an adequate toilet facility in mind and there are only 15 such facilities in the country. Very often, her father told me, they do not bother going anywhere at all because of the lack of access to these facilities. I believe every person should have access to adequate bathroom facilities. It is neither reasonable nor acceptable to expect people like Sophia to make do, when making do involves a complete loss of dignity. Her parents must attempt to change her in the back of their van or limit their trips to one of a handful of locations that can accommodate her needs.

Recently, the UK Government announced that changes would be made to legislation to install compulsory changing places in new public buildings, such as shopping centres, art galleries, sports stadiums, libraries or larger public buildings from 2021. I believe we should now examine changing the building regulations to ensure planning applications for suitable public buildings include a changing places toilet facility. As we learn to live with Covid, we must be mindful of the vulnerable, who will look to this Government to act for them in ensuring their dignity, safety and well-being. I hope the Minister of State and the Minister for Housing, Planning and Local Government will work with me to meet the campaigners in Changing Places, who comprise representatives from many disability advocacy groups, and listen to them to ensure young women like Sophia can go about their day with the dignity they deserve. I thank the Minister of State.

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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I thank the Deputy for raising this issue and for presenting such a poignant case in relation to Sophia and her family. As the matter stands, new buildings and extensions of material alterations to existing buildings must comply with the legal minimum performance standards set out in the building regulations of 1997 to 2019. In this context, the Building Regulations (Part M Amendment) Regulations 2010 and the accompanying Technical Guidance Document M - Access and Use 2010, which came into effect on 1 January 2012, set out the minimum statutory requirements a building must achieve in respect of access.

The requirements of Part M aim to ensure that regardless of aim, size or disability, new buildings other than dwellings are accessible and usable; extensions to existing buildings other than dwellings are, where practicable, accessible and usable; material alterations to existing buildings other than dwellings increase the accessibility and usability of existing buildings, where practicable; certain changes of use to existing buildings other than dwellings increase the accessibility and usability of existing buildings, where practicable; and new dwellings are visitable. Part M of the building regulations aims to foster an inclusive approach to the design and construction of the built environment. While Part M requirements may be regarded as a statutory minimum level of provision, the accompanying technical guidance encourages building owners and designers to regard the design philosophy of universal design and consider making additional provisions, where practicable and appropriate.

While the latest iteration of Part M of the building regulations initially coincided with the general downturn in economic and construction activity, its positive effects on access and use in the built environment can now be seen widely. The building regulations, including Part M requirements, are subject to ongoing review in the interests of safety and well-being of the persons in the built environment and to ensure that due regard is taken of changes in construction techniques, technological processes and innovation. Costs are examined in the context of proposed legislative changes, particularly in the building regulations, and a cost-benefit analysis and regulatory impact analysis are carried out on any proposed amendments.

The Minister and I will give full consideration to a review in respect of the provision for what is called changing places, commonly known as the changing places toilet, in certain buildings. This may involve an amendment to the requirements of Part M and the development of sufficiently detailed guidance for inclusion in the associated technical guidance document M to ensure proper practical implementation in certain new buildings and existing buildings undergoing works.

Separately, it is open to any person who feels discriminated against to refer a discrimination complaint to the equality tribunal under the Equal Status Acts 2000 to 2018 which prohibit discrimination on nine specific grounds, including that of disability. It should also be noted that requirements set out under the equality legislation are a matter for the Minister for Justice and Equality.

Steven Matthews (Wicklow, Green Party)
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I thank the Minister of State for his response and welcome the fact that he has committed to giving consideration to a review of the provision of changing places. It will, of course, involve an amendment to Part M of the building regulations. I believe we should address the issue quickly and I will continue with the Minister of State and his Department to ensure that we can provide these facilities for people who urgently need them. As I said earlier, there are only 15 of these facilities in the country. Similar facilities are provided throughout Northern Ireland and Great Britain. People in those countries have the same needs as people here, and I believe we should make those provisions available so that people who have those needs can enjoy the freedom to go about their business with confidence and not be forced to restrict their journeys to the locations of those 15 facilities. This impacts on entire families and not only people who are in need of those services. I thank the Minister of State for his response and look forward to the Minister's appraisal of the need to review the regulations in this regard.

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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The Deputy has our commitment that we will look at setting up a departmental working group for this matter, which I think is the next logical step. I agree with the Deputy. There are 187 such facilities in Scotland, as far as I am aware, and 1,300 across the UK. As the Deputy mentioned, there are more mandatory guidelines in place in those jurisdictions.

The accompanying technical guidance document to Part M of the building regulations, dealing with its access and use, came into effect on 1 January 2012. It sets out the minimum statutory requirements that a building must achieve in respect of access. Under Part M, there is a requirement to ensure that "regardless of age, size or disability", these accessibility issues are resolved.

Part M of the building regulations aims to foster an inclusive approach to the design and construction of the built environment, and while Part M requirements may be regarded as a statutory minimum level of provision, the accompanying technical guidance encourages building owners and designers to have regard to the design philosophy of universal design and to consider making additional provisions where practical and appropriate.

Our Department will look at the possibility of setting up a departmental working group to examine this issue and the required changes under Part M. The Deputy is Chair of the Joint Committee on Housing, Local Government and Heritage, and that can give us a good way forward to progress this matter. We have an opportunity to progress the matter and make the necessary amendments to Part M. I commend the Deputy on bringing the issue to the Dáil, and we can make progress on it over the next number of months.