Joanna Tuffy (Labour)

The first issue I wish to raise is the delay in the introduction of the disabilities Bill. Groups like the National Association for the Mentally Handicapped of Ireland, NAMHI, are concerned that the Government wishes to publish the Bill after the local and European elections because it will not contain a rights-based approach. This is yet another cynical move on the Government's part. There is no alternative to rights-based legislation in this area. A number of groups, including NAMHI, the Forum for People with Disabilities and Amnesty International, are leading a campaign called Rights Make the Difference. They are calling on the Government to enact legislation which will establish a set of enforceable rights to enable people with disabilities to achieve equal access, participation in all areas of service provision and employment, and to exercise the same rights and obligations as others to fully participate in Irish society. This includes the provision of an independent needs assessment, services, advocacy and redress. I do not see why people could expect anything less.

The Minister of State at the Department of the Environment, Heritage and Local Government, Deputy Gallagher, claimed that with this legislation Ireland would be one of the most progressive countries in Europe. I do not accept that, unless we enact rights-based legislation and provide proper education for people with disabilities. If we want to live up to the image we presented to the world at the Special Olympics, we must have rights-based legislation. I have dealt with people in my constituency who have children with disabilities. Their whole life is a struggle fighting for things which everyone else takes for granted as basic rights. That must change. Cost is a factor but that will always be an issue, whether in a time of boom or cutbacks. We have to bite the bullet and invest in that area. It has been done in countries that are much poorer than Ireland.

As a representative of the joint committee regarding the Education for Person with Disabilities Bill 2003, I went to Galicia in Spain. They already have legislation on education for people with special needs. It is much more advanced than anything we have in Ireland, yet Spain is a poorer country with higher levels of unemployment. Spain has an advantage in that the numbers attending school are falling so it already has buildings for special schools. However, the investment still had to be made to adapt those buildings and when I asked how that was funded, I was told that it was through borrowing. It is a big no-no for the Irish Government to borrow but that attitude has to be examined. If we invest now, everyone will reap the rewards. What is great about the Spanish system is that it allows so many of the students with disabilities to attend the same schools as everybody else. In some cases, they go to special needs schools. Both types of needs are addressed. The Spanish invested in these areas although they could afford to do so less than us.

There was great momentum evident in the taking of the Education for Persons with Disabilities Bill. I know this is not what this motion is about but it should be mentioned. We had hearings before Christmas and the Bill seems to be progressing at a very fast pace. However, the momentum seems to have stopped just after Christmas and certainly has not featured in the Seanad. I hope the Bill comes before the Seanad to be finalised soon and that it is not delayed for a long time, as was the case regarding other Bills.

Following widespread consultation, the Joint Committee on Social and Family Affairs launched a report about five months ago on the rights and needs of carers. It recommended the abolition of the means test for carers, more investment in respite care and the assessment of needs of carers. This is another issue the Government must address. It is totally unfair that there is a means test for the carer's allowance. Many anomalies arise as a result. For example, those who opt for the widow's pension cannot get the respite carer's grant.

Senator Feeney mentioned what the Government has done, but much more needs to be done. If it is not done now, when will it be done? We have had unprecedented wealth in recent years and we now have the opportunity to do something for people with disabilities.