Results 621-640 of 1,150 for speaker:Frank Fahey

Seanad: Disability Bill 2004: Report Stage. (21 Jun 2005)

Frank Fahey: It was included to provide a further requirement such that if the CEO of a health board, for instance, did not feel, for any of a variety of reasons, that he could implement the decision of the complaints officer, he could refuse to do so. We decided to remove this provision completely to make the legislation more transparent and ease the bureaucracy. Consequently, Government amendments Nos....

Seanad: Disability Bill 2004: Report Stage. (21 Jun 2005)

Frank Fahey: The amendment would allow for an appeal to the District Court on the facts established by the appeals officer. Section 20, as it stands, provides that an appeal to the court would arise only on a point of law to the High Court. This approach is consistent with that in other statute-based appeals systems, such as those pertaining to planning and social welfare. It provides the advantages of a...

Seanad: Disability Bill 2004: Report Stage. (21 Jun 2005)

Frank Fahey: The proposed amendment seeks to expand the definition of disability by adding the text to include, "a person with a physical or mental impairment which has substantial or long term effect on his ability to carry out normal day-to-day activities". I appreciate the Senators' intentions are to ensure specific conditions will be covered by the definition, particularly multiple sclerosis. I assure...

Seanad: Disability Bill 2004: Report Stage. (21 Jun 2005)

Frank Fahey: I forgot to reply to Senator O'Rourke, which would be a major mistake on any man's part.

Seanad: Disability Bill 2004: Report Stage. (21 Jun 2005)

Frank Fahey: I do not have a list of disabilities but disability is defined as "a substantial restriction in the capacity of the person to carry on a profession, business or occupation". If the level of epilepsy is such that it causes substantial restriction in that regard then it is covered by the Bill. To repeat an example I gave in the Dáil, where clinical depression is curable it is not within that...

Seanad: Disability Bill 2004: Report Stage. (21 Jun 2005)

Frank Fahey: A public body is defined in section 2(1) in line with the Bill's focus on the provision of access for specialist and mainstream public services. It covers a broad range of bodies in the public service. As I stated last week, the Bill places significant obligations on those bodies under Part 3 in respect of accessible buildings and services and under Part 5 in respect of employment of people...

Seanad: Disability Bill 2004: Report Stage. (21 Jun 2005)

Frank Fahey: On Committee Stage, I indicated that the definition of specified bodies was being reviewed by the Parliamentary Counsel to address technical concerns. Following this review, I now present amendment No. 5 which ensures that the definition of specified bodies is confined to bodies such as the HSE and the courts, which operate with their own financial Votes where the relevant Minister does not...

Seanad: Disability Bill 2004: Committee Stage (Resumed). (15 Jun 2005)

Frank Fahey: In response to Senator Terry's question, the Long Title takes its present form because it reflects the provisions contained in the Bill. This is a cross-cutting Bill, involving several Departments and, as Senator Dardis has said, it is necessary that the Long Title of the Bill reflects the provisions therein. This is one of the most complex pieces of legislation that has ever been brought...

Seanad: Disability Bill 2004: Committee Stage (Resumed). (15 Jun 2005)

Frank Fahey: I indicated on Committee Stage in the Dáil that I would consult with the Parliamentary Counsel on the feasibility of reflecting the term "designed for all" to have the same meaning as "universal design" in the work of the new centre of excellence to be established by the National Disability Authority. The advice available to me is that there are legal and technical reasons as to why it is...

Seanad: Disability Bill 2004: Committee Stage (Resumed). (15 Jun 2005)

Frank Fahey: The proposed centre for excellence in universal design will be within the ambit of the National Disability Authority. It is obvious that various interested parties in the disability sector will be consulted. I have met representatives of groups with a specific interest in design issues which affect people with disabilities. I assure the House that such people will be involved in the proposed...

Seanad: Disability Bill 2004: Committee Stage (Resumed). (15 Jun 2005)

Frank Fahey: The centre of excellence will ensure that the needs of people with disabilities will be taken into consideration when decisions are being made on all aspects of the design of buildings, such as the information technology aspects of buildings. It will be involved in advance architectural and other planning work. It will have regard to planning regulations and other regulations governing IT...

Seanad: Disability Bill 2004: Committee Stage (Resumed). (15 Jun 2005)

Frank Fahey: I am surprised to learn of the Senator's experience. The planning laws require that people with disabilities be afforded ease of access to new buildings. I would be interested to hear about the specific cases referred to by the Senator.

Seanad: Disability Bill 2004: Committee Stage (Resumed). (15 Jun 2005)

Frank Fahey: It comes as a surprise to me to learn that certain people involved in the planning sector are unaware of the legal requirements. The main objective of the proposed centre of excellence will be to work with the professional bodies to ensure that the principles of universal design are taken into consideration during all kinds of design work and architectural planning. The work of the centre...

Seanad: Disability Bill 2004: Committee Stage (Resumed). (15 Jun 2005)

Frank Fahey: The minimum wage of €8 per hour applies to all employees, including people with disabilities. I would be interested in hearing about cases of the minimum wage not being paid, if Senators can cite such examples. In some cases, employers may be exempt from paying the minimum wage to people in training, but that exemption cannot last for longer than a certain period of time.

Seanad: Disability Bill 2004: Committee Stage (Resumed). (15 Jun 2005)

Frank Fahey: It lasts for a maximum of three years. The exemption normally applies to people who are being trained under sheltered employment conditions. Under section 35 of the Employment Equality Act, people with disabilities will be entitled to the same minimum wage as anyone else. While well intentioned, I am concerned that amendment No. 56 may not achieve the purposes for which it is drafted....

Seanad: Disability Bill 2004: Committee Stage (Resumed). (15 Jun 2005)

Frank Fahey: There is no doubt the proposed amendment may render inapplicable the positive duties on bodies under the Act and replace them with limited provisions under section 4 of the Equal Status Act 2000, which deal with reasonable accommodation and nominal cost. Some people expressed concern about the impact the Disability Bill could have on the obligations placed on public bodies under the Equal...

Seanad: Disability Bill 2004: Committee Stage (Resumed). (15 Jun 2005)

Frank Fahey: The amendment proposes to remove ministerial discretion in making provision for people with disabilities in the Long Title by deleting the reference to resource availability. Fundamental differences between the Government's position and that of the Opposition were evident during Second Stage. It will not, therefore, come as a surprise that I do not intend to accept the amendment. I wish to...

Seanad: Disability Bill 2004: Committee Stage (Resumed). (15 Jun 2005)

Frank Fahey: Yes, they were. We must face up to that reality. For some reason best known to ourselves as a society, people with disabilities did not rate. That is the reason the Church and voluntary bodies carried the can on their behalf completely and they are still involved. That is also the reason the culture in the State until recently was that people were locked up in the most horrendous fashion. We...

Seanad: Disability Bill 2004: Committee Stage (Resumed). (15 Jun 2005)

Frank Fahey: One must agree when they point out that in the interests of good governance and responsible expenditure of Exchequer money, one must leave flexibility in place. While one may have the desire, determination and so on to provide for these services, as the Government does, one must do so within a statutory framework that is sensible and responsible. We got the balance right in this legislation...

Seanad: Disability Bill 2004: Committee Stage (Resumed). (15 Jun 2005)

Frank Fahey: In answer to Senator O'Meara's question, that is a standard provision in legislation.