Michael McCarthy (Labour)

I welcome the Minister of State, Deputy Gallagher, and I welcome the opportunity to contribute on this issue, which is close to everyone's heart. A few minutes ago I was in my office and I heard the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Ahern, say: "Typical Labour Party". If that means standing up for the rights of people with disabilities and achieving what the Labour Party has achieved in Government, then I am glad that it is typical Labour Party stuff, as the Minister of State put it.

There have been fundamental changes in Ireland in many areas of life and governance. However, we could make much more progress in this area. Much work has been done by groups representing people with intellectual and physical disabilities and it is high time the Government published a proper, rights-based Bill which will satisfy those groups as well as people with disabilities. All too often we forget that those with disabilities have the same rights as everyone else and this is a matter of removing barriers which prevent people with disabilities from performing in society as they should. Attitudes have also changed in recent times but many frameworks and necessary measures have not been put in place for effective change.

Last year we spoke about the Special Olympics, which was a wonderful occasion of inclusion for people with disabilities. Many countries were able to participate in a showcase for inclusion and recognition of people's ability, rather than disability. Nobody was partisan enough to politicise that occasion but it raised an important point which this motion hopes to achieve — the introduction of proper, rights-based, effective legislation as soon as possible. We are now less than two months away from the local elections and it is not right to keep putting this issue on the long finger, which has been the case since the mid-1990s. It is eight or nine years since the strategy for equality was published and the Government accepted at that stage that rights-based legislation was needed. Powerful media organs were watching us last year during the Special Olympics, which was a wonderful opportunity to display what people are capable of doing and to recognise their participation as equals. The Government deservedly received credit for that wonderful occasion, but we can now push this further.

There are over 3,500 people with an intellectual disability on waiting lists for services, which is unacceptable. Many of these people do not have a voice of their own with which to express their unhappiness with the lack of delivery of services in many areas. There is also a lack of statutory responsibility which should be placed on service providers to deliver services for people in this area. Over 1,600 people are waiting on residential places, which means somewhere to live. That is a shocking indictment of any country.

There are problems with the health service in general but those problems do not exist to the same extent as for those with disabilities. For example, some 457 people are at home without any services and most are dependent on elderly parents. On a related matter, we have called here for the abolition of the means test for carers many times. That test is another issue which needs to be looked at in adopting a positive and proactive approach. The State could do this for those people, many of whom are elderly people providing wonderful care to their sons or daughters and saving the State a huge amount of money and responsibility. Many of them must work continuously and, by and large, they do not have a trade union to represent them, nor do they receive holiday entitlements, parental leave or any of the other benefits enjoyed by ordinary workers.

Over 450 people with intellectual disabilities live in deplorable conditions in psychiatric hospitals, according to the Department of Health and Children last year. That spells out how much we have to do. The key principles of any Bill should achieve two things: it should put a responsibility on service providers to deliver a service in this area and there should also be an implementation element. The Bill must be enforceable because there is no point debating legislation here if it is not implemented appropriately once it is passed. We are talking about equality for everybody, which is very important.

Last year there was a debate in the European Parliament on a United Nations measure. InJune 2003, the UN Convention on Disabilitiesset up an ad hoc committee to draft a text for right-based legislation. Many international communities, not only in Europe but further afield, participated in the debate. Efforts were made by some members of the European Parliament to introduce an EU directive banning discrimination against people with disabilities. As late as last night, the House debated two EU directives, the nitrates directive and the other on the associated issue of agriculture. This type of issue is uppermost in the hearts and minds of many thousands of people. This matter should be one of the main priorities of national governments and the main priority of member states. It is appropriate that Ireland holds the EU Presidency at this time. Ireland can lead by example by looking at this area.

The commission to which Senator Kett referred, which was chaired by Mr. Justice Feargus Flood, was set up in 1993 and produced a report. One of the main findings of that report, that a disabilities Bill should be introduced, has yet to be implemented. I do not know the reason for the eight year delay. I understand there are difficulties in introducing legislation but it was the most important recommendation of that report. I urge the Minister of State, Deputy Gallagher, to take back to Government the urgency associated with this issue.