Tony Kett (Fianna Fail)

I welcome the legislation, which transposes EU directives into domestic law. I welcome all legislation which seeks to assist or enhance the lives of people who feel marginalised or feel they are on the periphery of society. We have come a long way over the past ten years in terms of legislation and people's attitudes to equality. The Government parties were at the helm when most of the legislation in this area passed through the House.

The introduction of the Employment Equality Act 1998, part of which will be amended under this legislation, outlawed discrimination in the workplace. The nub of the Act was to outlaw discrimination regarding employment and conditions of employment and it introduced equal pay for work of equal value among others. The Equal Status Act 2000 affords protection to people outside the workplace on the same nine grounds provided for under the Employment Equality Act 1998. Both Acts complement the Unfair Dismissals Act, which provides redress to people who feel they are getting a raw deal in their employment, particularly women who are going on maternity leave. As Senator Terry said, they were targeted by unscrupulous employers.

In addition, the Human Rights Commission Act 2000 was introduced. It benefits all sectors of society and it established the independent Human Rights Commission, which was responsible for protecting, cultivating and developing human rights in this State. My interest in this area is confined to disability. Back in the mid-1990s the Commission on the Status of People with Disabilities was set up and its remit was to meet people who had disabilities, ascertain how they were being done down and make proposals in order that such people could move forward. That commission produced a document, A Strategy for Equality, which was a fine piece of work and still holds good today. When reading some of the submissions made at the time, I was amazed by the sheer sense of frustration felt by people with disabilities. One would have thought that frustration would have related to their personal experience of pain and discomfort, their impaired function, the incurable nature of their disabling condition or the vexed question of "Why me?". However, that was not the case. They were most frustrated by the oppressive social barriers which prevented them from participating in life in as normal a way as possible. The other issue that emerged was that these people felt that they were being pushed to the margins of society. At the time, they believed that they were not being given an opportunity to fully participate in society. Full participation would have allowed them to realise their potential.

In practical terms, the most serious problems at that time related to access and transportation. The built environment then was totally inaccessible. However, by virtue of legislation introduced in the interim there have been tremendous improvements in this regard. For example, anyone planning a building, domestic or otherwise, must adhere to the regulations under Part 10 of the Planning Act. These regulations suggest that even houses must be accessible because a person with a disability might be in the market for a new home in the future. All domestic dwellings must now be accessible for people with disabilities.

Any disabled person will attest to the fact that if one cannot access a building, all the other things to which one might aspire, such as accessing employment, education or leisure activities, are adversely affected. I have no doubt there are still individuals who, in terms of the planning regime, would try to cut corners in order to make savings. That is why the legislation has been put in place. We must ensure people comply with that legislation and do not get away with such behaviour.

I was interested to discover how those involved in the area of transport were affected by the new onus placed on them. I contacted the Department of Transport in respect of this matter and congratulated it and others on the way they have coped with the introduction of various items of legislation in this area. Since 2000 all major refurbishment programmes at bus and rail stations, together with the construction of all new stations and the purchase of trains and buses by State-owned public transport operators, take account of the needs of people with disabilities. Bus Éireann services Galway, Limerick, Cork and Waterford with low-floored buses which assist people with disabilities. Dublin Bus has approximately 450 such buses, which constitute 41% of its entire fleet. These buses operate on 37% of the company's routes. That is a good achievement on the part of an organisation which operates the largest transportation system in the city and which had much to do in terms of infrastructural considerations.

DART and rail services are also accessible. Trains on the Belfast to Dublin route are totally accessible and it is hoped to have basic accessibility on all inter-city trains by 2006. Money is also being invested in terms of educating front-line staff, which is commendable. None of this would have come about if the legislation compelling change had not been put in place. I would like to think differently but if the legislation was not in place such things would not happen. We must ensure that those charged with the responsibility of ensuring that people conform to the legislation do their work in that regard.

Senator Terry referred to insurance. It is impossible for people under the age of 25 to obtain insurance in this city. That is a matter at which we must look from an equality perspective. However, people who are disabled face even further obstacles in attempting to obtain insurance. I read recently about a 77 year old who was refused insurance on no grounds other than his age. That is immediate evidence of one of the nine conditions not being adhered to. There was also an outrageous judgment in recent weeks relating to a man suffering with diabetes who lost his licence because of his illness. I hope that gentleman receives whatever assistance he needs to fight his case. That was a ludicrous judgment and it should not stand. That is why the Equality Authority and the Office of the Director of Equality Investigations are vital. Those independent bodies have a role to play and I hope they will attend to issues such as those I have outlined.

Reasonable accommodation is also an important element in the equality legislation. The Equal Status Act requires that providers of goods and services accommodate the needs of persons with disabilities by making reasonable changes in what they do and how they do it where, without these changes, it would not be possible for those people to obtain the goods or services on offer. The Employment Equality Act requires employers to do all that is reasonable to ensure that people in their employ have all the necessary means to perform their duties in a capable manner. As the Minister of State indicated in a different context, both requirements are subject to a nominal cost exemption. It is reasonable to say that the changes required in this regard are generally of low cost in any event.

The failure of employers and service providers to make this reasonable accommodation has been one of the main features of most case work on disability grounds to date. Discrimination against people with disabilities has emerged as a significant issue under both Acts. In 2002, 19% of case files under the Employment Equality Act and 11% under the Equal Status Act related to disability issues in that regard.

The Minister of State alluded to section 9 of the Bill which amends section 16 of the Employment Act. Section 9 places a greater onus on employers where a person with a disability is involved in either a recruitment or promotional issue unless this gives rise to a cost which is not a nominal cost. I welcome that provision. In 1977, the then Government made provision for a 3% target in terms of employment within the public sector of those with disabilities. I do not believe this target has been reached. The Departments of Finance and Justice, Equality and Law Reform recently commissioned a study on career progression for people with disabilities within the public sector. If the results of this show that we have not reached the 3% target, we should set about doing so at the earliest opportunity. I contacted Dublin City Council about this matter yesterday and was informed that 4% of those it employs are people with disabilities. I welcome that. An onus should also be placed on people who provide services, contractors applying for State business or voluntary organisations which receive funding to meet the requirements as set out.

I wish the Bill safe passage through the House. I wish the Minister of State well in respect of the other legislation, the Disability Bill, which is occupying his attention at present. I have had discussions with people in the sector and am aware they have complete confidence in his ability and his commitment. I have no doubt the Disability Bill will come before us in due time and not before its contents have been fully agreed. I wish the Minister well with both Bills.