Willie O'Dea (Limerick East, Fianna Fail)

The new section replaces the provision under section 16(3) of the Act of 1998 as regards the duty of employers and persons engaged in vocational training to do all that is reasonable to accommodate the needs of people with disabilities to enable them to access and participate in employment or training, as applicable. At present, the requirement on employers is limited to the provision of special treatment or facilities where this gives rise to no more than a nominal cost.

Arising from article 5 of the framework employment directive, it is proposed to extend this requirement on employers to the taking of a range of appropriate measures, except where they would impose a "disproportionate burden". The criteria against which "disproportionate burden" is to be determined are set out in the new section 16(3)AC. For the purposes of this provision, appropriate measures are defined in paragraph (b). As I stated, we agreed to take the matter on board on Committee Stage and I am doing so now in the appropriate format.