Seanad debates

Wednesday, 28 April 2004

4:00 pm

Photo of Terry LeydenTerry Leyden (Fianna Fail)

I welcome the Minister of State, Deputy Browne. I also welcome this motion, which has been tabled by the Labour Party. It deals with a very important issue and I have met many groups in respect of it in my capacity as a Senator. The Government is giving it very careful consideration. As one knows, the previous Government was working on this legislation. It is complex and many of the relevant issues require detailed consideration.

The review group appointed in April 2002 has carried out many consultations with Ministers and the Taoiseach. The Taoiseach in particular is very committed to the Bill, as are the Minister and Minister of State at the Department of Justice, Equality and Law Reform, Deputies McDowell and O'Dea, respectively.

It is fundamental that the Bill be rights-based. Many of the groups I have met are determined to ensure this is the case and to ensure total access to employment, buildings and services. The fundamental point of the Bill is that there should be no discrimination whatsoever against somebody with a physical or mental disability.

However, there are other areas in which improvement is possible. The Barcelona declaration has been passed by many councils, and Roscommon County Council made a decision to accept it on Monday although the executive would not be in favour of the councillors. The declaration is a very important document, supported by the European Union, and it is vitally important in terms of access to buildings and services. Most old buildings, including this House, are not very disability-friendly as such. Many groups I have brought to the House, elderly groups in particular, have great difficulty gaining access to parts of it. We have a long way to go regarding access. All new buildings must conform to the requirements of the legislation because access is vital. When the new sports complex was being developed in Roscommon town, the County Roscommon Association for the Mentally Handicapped, the Brothers of Charity and other disability groups were consulted so the building would be totally accessible to those with disabilities. "A lot done, more to do" is basically the formula as far as disability is concerned.

Having had discussions with the Minister of State, Deputy O'Dea, and others, I noted that the legislation is very complex. However, at least we are making progress in the absence of legislation. The passage of this Bill should be a priority of the Government. There is no reason to delay it until after 11 June. Having it published by 11 June would serve as a very constructive support. Needless to say, it will not be passed on 11 June but its publication prior to this date would be a clear signal that, of all the parties in the State, Fianna Fáil has been the most proactive in supporting those with disabilities.

Personal carers should be mainstreamed and not just working under the FÁS scheme. They have provided enormous support to the disabled. I have come across many individuals in Roscommon who have been given personal assistants and this has changed their lives fundamentally. They now have access to public places and can travel and go on holidays accompanied by their personal assistants. This represents a major shift. Carers should be mainstreamed under the Department of Health and Children rather than operating on a part-time basis because it can be very difficult to train another carer for a disabled person, especially a physically disabled person, if the original carer is changed after three or four years. This is because the disabled person becomes familiar with the original carer. The Government should note that we have made progress in this area, but not enough. I have met many disability groups who are very anxious to ensure this matter is fully addressed.

There should be a special carer's allowance irrespective of whether he or she is in receipt of other forms of social welfare. A constituent from south Roscommon has a disabled son, now a young man, for whom she is caring. She is a widow in receipt of the widow's allowance and is being refused the carer's allowance as a result although a widow not caring for anybody would receive the same amount. There is room to offer more support to such carers. The more disabled persons that can be maintained by carers in the community, the better.

This motion presents a great opportunity to discuss the content of the Bill, which has not been given a public airing recently. The Bill should be brought forward and enacted as speedily as possible. I hope this will be in 2004. If this Labour Party motion can assist in pressing the Government, I will be delighted. It should not go to a vote because both sides are of the same opinion. Both parties in Government, Fianna Fáil and the Progressive Democrats, are totally committed through the programme for Government to bringing forward this legislation and we will do so. We have the necessary funds and we are prepared to grasp the nettle.

I thank the Leas-Chathaoirleach for allowing me to speak on this motion and I thank the Minister of State for coming to the House. I certainly hope the legislation will be enacted during the term of this Government. It would be a great tribute to the disabled, who have suffered so much. No other group has been more deprived of services and everything should be done to prioritise its needs, not just to grant it equal status.

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