Ulick Burke (Fine Gael)

I second and am delighted to support the Labour Party motion. The delivery of rights-based disability legislation has been debated time and again in both Houses. On numerous occasions we have seen people outside the gates coming to demand action. The Government Chief Whip listed the Government's legislative programme on 29 September 2003 clearly outlining the Bills expected to be published. No. 17 on that list indicated that the Department of Justice, Equality and Law Reform expected to publish a disability Bill to provide measures for the equal participation of people with disabilities. Prior to that, on 28 May 2003, the Minister of State at the Department of Justice, Equality and Law Reform, Deputy O'Dea, stated he was meeting his officials to finalise the timeframe for the introduction of the legislation, but he said he was 99% certain the Bill would be enacted by this summer. He stated:

The Government is determined to bring forward new legislation to replace the last Disability Bill. Hopefully that will be before the summer and I can say that I am 99% certain of that.

Mr. Michael Ringrose, chief executive of PWDI, who was present at the time, stated he was heartened by the idea that the Bill would be enacted before the summer but he hoped that, unlike the Irish summer, the Bill actually materialised.

What has gone on in the past ten years since the establishment of the Commission on the Status of People with Disabilities has been nothing other than a litany of fudge. That can be identified in the two examples I have given but also in the Taoiseach's remarks since 2003 when he clearly indicated that he would ask for information, meet groups and engage in further consultation; he will do everything and anything but deliver the Bill.

Thankfully the previous Bill published in 2001 was withdrawn because of the outrage of the many groups at the coalface whose members realised what was involved. The groups themselves have become suspicious as to the contents of the Bill after all the delay, the inadequacy and inability of the Government to deliver meaningful legislation to provide a rights-based entitlement to those in need. Sadly, such an entitlement is not yet available and, despite the Minister of State's remarks last May that it was 99% sure to be published, it is unlikely to be published soon.

Disabled people, as well as their parents, carers and advocates, must continually rely on the public's goodwill. They have had to persuade and coerce the Government into realising that they are citizens of the State who should enjoy the same rights as those who are not disabled. It is a disgrace that after rounds of consultation and submissions, the Government is still happy to fudge its commitment to disabled people by grounding the debate in resource issues. It is the only excuse mechanism left to the Government.

Ministers talk about their duty to provide resources in a fair and equitable way and I have no doubt the Minister of State will mention that in his reply. However, the disabled community has never experienced this notion of fairness. Does "fair and equitable" mean the disabled child has a substandard education because of inadequate support services? Does it mean that disabled persons must live without a personal assistant who could otherwise facilitate them to become active participants in the labour force? Does it mean the current and future physical infrastructure in the State, including trains, airlines and buses, can be developed with no thought for the disabled? Does it mean parents of children with intellectual disability must pray that their offspring will die before they do, because they fear the kind of State institution that will provide for their children afterwards? Does "fair and equitable" mean that able-bodied people can grow up, be educated, buy a house and live a normal life, while those with disability cannot do so? It is time for the Government to state whether it is committed to the disabled because most people are now in doubt about it and they have good reason to be.

Last year was a proud one for Ireland when it played host to the Special Olympics. Some 7,000 very special people participated in those games, the biggest sporting event in the world. At the time, we were assured that legislation would be introduced to give rights to such people. Only four weeks ago, in the Mansion House, the people involved in the commission came together under the chairmanship of Mr. Justice Flood, to plead for action by the Government. The members of that commission, who had given so much time and endeavour to the Special Olympics, indicated their frustration at the delay in publishing the disabilities Bill. Mr. Justice Flood feared, as we all do, that there is some reason it cannot be published now. It is believed the Bill is not rights-based and will be hampered by inadequate resources, so the timescale for its implementation cannot be met. It is feared also that the Bill's contents will be woolly, as usual, so that the Government can escape its legislative responsibilities. That is not fair on those who are suffering.