Dáil debates

Tuesday, 24 January 2023

Ceisteanna Eile - Other Questions

Disability Services

11:30 pm

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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76. To ask the Minister for Finance the progress to date on replacing the Disabled Drivers Medical Board of Appeal; and if he will make a statement on the matter. [3023/23]

Photo of Michael MoynihanMichael Moynihan (Cork North West, Fianna Fail)
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115. To ask the Minister for Finance the number of primary medical certificate appeals currently outstanding; and if he will make a statement on the matter. [2824/23]

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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129. To ask the Minister for Finance the current status of the review of the disabled drivers and disabled passengers scheme; when the Disabled Drivers Medical Board of Appeal will be in operation; the number of outstanding appeals before the board; and if he will make a statement on the matter. [3094/23]

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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150. To ask the Minister for Finance further to Parliamentary Question No. 155 of 10 November 2022, the timeline for the publication of the review of the disabled drivers and disabled passengers scheme; and if he will make a statement on the matter. [3092/23]

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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240. To ask the Minister for Finance the status of the Disabled Drivers Medical Board of Appeal; and if he will make a statement on the matter. [3132/23]

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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I congratulate the Minister and Minister of State on their appointments. I wish them luck in their roles. What progress has been made to date on replacing the Disabled Drivers Medical Board of Appeal, DDMBA?

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 76, 115, 129, 150 and 240 together.

The disabled drivers and disabled passengers scheme provides relief from vehicle registration tax, VRT, and VAT on an adapted car, as well as an exemption from motor tax and an annual fuel grant. The scheme is open to severely and permanently disabled persons as a driver or passenger and also to certain charitable organisations. In order to qualify for relief, the applicant must hold a primary medical certificate issued by the relevant senior area medical officer, SAMO, or a board medical certificate issued by the Disabled Drivers Medical Board of Appeal. To qualify for a primary medical certificate, an applicant must be permanently and severely disabled and satisfy at least one of six medical criteria.

It is expected that the board of appeal will be established shortly. The background is that following the resignation of all members of the previous board, effective from 30 November 2021, two expression of interest campaigns have been held, seeking suitable candidates for the board. The Department of Health has led on all actions and tasks with respect to the expression of interest campaigns. Officials from my Department have provided support to the Department of Health in this matter.

The first campaign closed on 29 April. As there were insufficient suitable candidates arising from the first campaign, a second round was issued with a closing date of 5 July 2022. From these, three suitable candidates have successfully completed Garda vetting. Five members are legislatively required for a functional board, with a quorum of three needed for any appeal hearing. Two other candidates have recently been deemed suitable and are in the process of being Garda vetted. All five candidates have been nominated by the Minister for Health, pending successful completion of Garda vetting.

I am hopeful that the new board will be up and running in the next few weeks. In my next reply, I will outline the details of the review of the scheme which is under way.

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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I thank the Minister. We do not have a definite date for the establishment of the medical board of appeal. I asked the Minister's predecessor, the current Minister for Public Expenditure and Reform, Deputy Donohoe, this question a number of times. I have also linked it to the proposed review of the disabled drivers and disabled passengers scheme because the criteria to apply for a primary medical certificate to access the scheme are extremely stringent. That is why the board resigned at the end of November 2021. It was promised a review of the scheme some months prior to that, and when that did not happen the board resigned in total frustration.

Many people who apply for a primary medical certificate do not qualify because the criteria are so stringent. When they are refused the certificate, they appeal the decision. An appeal is only upheld if a person's condition has deteriorated significantly, which is generally as a result of a progressive condition.

Many people apply to the scheme because they do not have any other options open to them. The mobility allowance and the motorised transport grant were suspended in 2013, with a promise that a new scheme would be introduced shortly thereafter. Ten years on, we still do not have a new scheme. The system is inequitable because some people who applied and were approved for the scheme prior to 2013 and are still in receipt of the mobility allowance, while others, who should be able to avail of the scheme, are being denied access to it.

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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I thank the Deputy. I reassure her that the Minister for Health has made the appointment of the five members of the board of appeal. Garda vetting is being completed and that is why I am hopeful. I understand the board will be up and running in the next few weeks.

Assessments for the primary medical certificate by the HSE are continuing to take place. I acknowledge that there are a lot of appeals awaiting processing. There are currently 759 people awaiting an appeal hearing, with 382 of those dating to 2021. I am anxious that we make progress on this issue. I recognise the value of the scheme and what it means to people.

As the Deputy is aware, my predecessor, the Minister, Deputy Donohoe, committed to a comprehensive review of the scheme under the auspices of a broader review of mobility support. In order to achieve this, the Minister for Children, Equality, Disability, Integration and Youth, Deputy O'Gorman, agreed in September 2021 that the review of the scheme should be incorporated into the work of the national disability inclusion strategy transport working group. The working group, under the chairpersonship of the Minister of State, Deputy Rabbitte, held a number of meetings last year. A draft report was considered at its final meeting on 8 December 2022. It is being finalised and it is expected that it will be published soon. I assure the Deputy that I will give this matter my personal attention to try to move it on.

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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I thank the Minister. People's rights are being infringed. The State ratified the United Nations Convention on the Rights of Persons with Disabilities, UNCRPD, in 2018 and nearly five years later there is no transport scheme in place for disabled people. The disabled drivers and disabled passengers scheme is extremely limited and only applies to a small number of very disabled people. We need more schemes. I was going to ask the Minister for an update on the publication of the report of the transport working group, and he has said it will be published shortly. I hope it will be.

As the Minister said, there are over 700 people waiting for appeals. I am constantly contacted by people asking when their appeal will be heard and I have to tell them there is no board in place to hear appeals. What resources is the Minister going to put into the scheme to help deal with the backlog of cases?

This issue affects people living in rural Ireland in particular because there is very little public transport as it is, never mind accessible transport. Local Link services are sporadic in terms of where and how often they operate. While people in urban areas may have choices regarding public transport in terms of buses and trains, people in rural areas definitely do not and they need schemes in place to assist them.

11:40 pm

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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I hear what the Deputy is saying. I have had quite an amount of experience as a Deputy over recent years dealing with this scheme. I have been dealing with people who qualify for the scheme and with others who have been waiting for their appeal to be heard. It is very frustrating for people who have very severe disabilities, in many instances, to be waiting so long to have their appeal heard and to get the benefits of this scheme. It is a good scheme, broadly but there is a need for reform and changes to it. The way that was agreed to progress that was through the working group that the Minister for Children, Equality, Disability, Integration and Youth, Deputy O'Gorman set up and which the Minister of State at the Department of Health, Deputy Rabbite, chaired. The draft report, as I said, was considered on 8 December 2022 and is currently being finalised. I have not seen that report but I hope to receive it at an early date. I look forward to considering it and to acting on its recommendations in so far as they fall within my remit.

I wish to point out Chairman that Deputy Devlin's question was grouped with the previous one which was skipped. Perhaps we could respond to that now.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Yes, we can take that question now.