Dáil debates

Wednesday, 23 February 2022

Saincheisteanna Tráthúla - Topical Issue Debate

Planning Issues

9:42 am

Photo of Thomas GouldThomas Gould (Cork North Central, Sinn Fein)
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In summer 2020, Cork City Council took the very welcome move to pedestrianise a number of streets and to allow on-street dining. This was revolutionary for businesses in light of the Covid-19 restrictions. It also greatly improved the atmosphere of the city and was the start of a return to some sort of normality for both the business community and the people of Cork.

Unfortunately, this decision involved the relocation of several disabled parking spaces, but this was done with little consultation with the disabled community. Eighteen months later, we are still awaiting a resolution in regard to the relocation of these disabled parking spaces. Ordinary parking spaces, with no ramps or extra space, have been painted blue and designated disabled parking; there are bollards blocking ramps on to the footpaths and, most dangerously, people with disabilities have to exit their cars onto really busy roads. Despite intervention by the Minister of State, Deputy Rabbitte, and continuous calls from me to rectify this situation, these issues have not been addressed.

There is engagement by Cork City Council with the voluntary group, Cork Access Group. Realistically these are volunteers but they do their best. They are being involved on a statutory basis but they are not having the impact they should have on planning and they are not being involved at the concept stage.

Public realm planning is a vitally important aspect of how we live, move, shop and survive in cities, towns and villages. Changes to the public realm often have unforeseen consequences but more and more, these consequences are falling unfairly on the accessibility of spaces. I am simply asking that when local authorities undertake public realm planning they do so with accessibility in mind. They should undertake and publish an accessibility impact study prior to public consultation. This would allow them to see whether disabled parking needs to be moved and whether footpaths will be narrowed or become shared. Consideration must be given to the use of tactile paving because at the moment in Cork, some tactile paving is being used as decoration.

Yesterday, Cork was found to be the best European city for economic potential. This is welcome but we cannot build a city and a prosperous economy if it does not include everyone in our society, especially those with a disability. The guidelines exist. We have the UNCRPD, the universal design guidelines, the Blind Guide and the NTA's own walkability audit. Local authorities have the tools but they are not all using them. The Government must make sure that when we improve our public spaces we improve them for everyone. We want to be an inclusive society and an inclusive State where those with a disability know they are respected, listened to and considered when planning cities, towns, villages, buildings and our public realm.

9:52 am

Photo of Malcolm NoonanMalcolm Noonan (Carlow-Kilkenny, Green Party)
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I will give a general overview of disability provision and the Disability Act and then offer some possible solutions to the case the Deputy has raised. The ongoing implementation of disability-related measures has a statutory footing under the Disability Act 2005. The Act comes within the policy remit of my colleague Deputy Rabbitte, who is Minister of State with responsibility for disability at the Department of Health and the Department of Children, Equality, Disability, Integration and Youth. The Act is a legislative framework which enables and places obligations on Ministers and other public bodies to provide services and related measures to meet the needs of people with disabilities, consistent with available resources. I am providing this summary of the Act solely for context and understanding. Deputy Rabbitte would be the appropriate person to speak about this legislation. However, I take on board the Deputy's point that this is a local government issue.

To support people who may have particular needs, section 26 of the Disability Act 2005 requires the authorisation of at least one officer of a public body to provide, or arrange for and co-ordinate, assistance and guidance to people with disabilities in accessing its services. This officer is referred to as an "access officer" in the Act. Associated costs must be met in the course of the normal operations of the public body. Until recently, the access officer in my local authority was the county architect. Other provisions of Part 3 of the Disability Act provide for accessible public buildings where practicable, the compulsory provision of accessible information and services and access to heritage sites. The National Disability Authority has produced codes of practice that are designed to assist public bodies in meeting these obligations. Where a person believes that the provisions of the Act are not being properly adhered to, section 38 entitles specified persons to make a complaint in writing to the head of the public body in question, and outlines the procedures for such a complaint.

In addition to the provisions under Part 3 of the Act, there are requirements for new buildings, and extensions or material alterations to existing buildings, to comply with the legal minimum performance standards set out in the building regulations 1997-2019. In this context, the building regulations relating to Part M and the accompanying technical guidance document on access and use, which came into effect on 1 January 2012, set out the minimum statutory requirements that buildings must achieve. Part M aims to foster an inclusive approach to the design and construction of the built environment. While the 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. Guidance on how to design, build and manage buildings and spaces so they can be readily accessed and used by everyone, regardless of age, size, ability or disability is available in Building for Everyone: A Universal Design Approach, which is published by the centre for excellence in universal design at the National Disability Authority.

The issues the Deputy has raised this morning relate to the public realm and the reconfiguration of public streets during Covid. He quite rightly mentioned the loss of disabled parking spaces. That is something for each individual local authority to deal with. Where a disabled parking space is removed they are obliged to reinstate them in other parts of the urban area. Pedestrianisation in itself is good for people with disabilities because it provides safe spaces for people of all abilities to enjoy towns and urban centres. There are a number of things that other local authorities, including my own, have done in recent years to try to improve public accessibility. It is not just about people with physical disabilities. People with intellectual disabilities require good, safe urban spaces as well. I will try to address that specifically in my summary.

Photo of Thomas GouldThomas Gould (Cork North Central, Sinn Fein)
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There is an accessibility officer in the council. I have no doubt that the person in question takes their job seriously, but realistically, they are not making the changes that need to be made. I know from talking to people within the council that this person wears a number of different hats, and that is not what is needed. We need someone with lived experience and the right connections. We need a full-time position of disability officer. I proposed this in a motion to Cork City Council a number of years ago. I am being fobbed off because there is an access officer available. I am asking for a disability officer in every local authority. The current accessibility officer does not seem to have any role in planning. They do not seem to reach out to the disabled community. I have yet to see a public realm planning application from Cork City Council that fully takes into account the impact changes will have on the disabled community. I want Cork City Council to hire a suitable and qualified disabled person with links to the disability community in Cork, who will act as a voice at the highest level of local authority. While public consultation has a role, we cannot expect so much from disabled people. They have enough burdens to deal with in fighting for services, employment and supports. They should not be expected to fight for the right to move around their own city or community. Publishing accessibility impact studies prior to all public realm planning would create transparency and remove some of this burden. There is a lot of talk about supporting people with disabilities and including them. Actions speak louder than words. Let us make sure that Cork City Council, and every local authority, has a full-time disability officer who has just one job.

Photo of Malcolm NoonanMalcolm Noonan (Carlow-Kilkenny, Green Party)
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A number of years ago when I was a member of Kilkenny Borough Council, an initiative was brought forward by a person who was working with people with disabilities to bring in a disabled parking bay monitoring scheme. The monitors who worked, and are still working, on the streets of Kilkenny are themselves wheelchair users. They monitor the disabled bays and report back to traffic wardens where the disabled bays are being abused or being parked in by people without disability badges. That is one scheme that was brought in and it was very successful. Similarly, there is an individual in Kilkenny, Paul Crilly, who is bringing easy-read menus into our restaurants. He is doing fantastic work. Our access officer was at a senior level as an architect so perhaps the responsibility lies at a senior grade in the local authority, such as a planner. There was a good access group. There must be an infrastructure there, first backed up by a development plan-----

Photo of Thomas GouldThomas Gould (Cork North Central, Sinn Fein)
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Does the access officer have one job or multiple jobs?

Photo of Malcolm NoonanMalcolm Noonan (Carlow-Kilkenny, Green Party)
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They have multiple jobs but within their brief------

Photo of Thomas GouldThomas Gould (Cork North Central, Sinn Fein)
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That is no good.

Photo of Malcolm NoonanMalcolm Noonan (Carlow-Kilkenny, Green Party)
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-----they are looking at access all the time. Every planning application and every public realm plan is disability-proofed before it goes out for public consultation. The access group had oversight of those planning applications. That is where the strength lies at local government level, in how effective and active the access group is.

I take on board the Deputy's point that they are voluntary, but they have an important role to play along with an access officer, who is in place at a senior level within the local authority. They are all signatories of the Barcelona declaration. I wholeheartedly agree that public access and the public realm are good for our towns and cities because they include everybody. From that point of view, I suggest Cork perhaps look to counties such as Kilkenny, where work has been done and a good infrastructure, while not perfect, is in place.

10:02 am

Photo of Thomas GouldThomas Gould (Cork North Central, Sinn Fein)
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Every local authority should have a disability officer.