Seanad debates

Wednesday, 29 September 2004

Disability Services: Motion.

 

3:00 pm

Liam Fitzgerald (Fianna Fail)

I second the motion. Like Senator Kett, I pay tribute to the former Minister of State, Deputy Mary Wallace. She produced a Bill before the last general election but, due to various negative and mischievous comments, it was compromised before it reached the Houses of the Oireachtas and had to be withdrawn. If that Bill had been brought before the Houses, the collective wisdom of Members would have amended it appropriately and adequately to meet the needs on which this strategy is focused.

The essence of good planning is proper consultation. It never goes astray and is usually extremely helpful, positive and enabling. The Disability Bill, the Comhairle (Amendment) Bill and the Education for Persons with Special Educational Needs Act are built solidly on that process. Equally, the national disability strategy gets its legitimacy by being grounded on that principle. I commend the Taoiseach and the Tánaiste. I particularly commend the Minister of State, Deputy O'Dea. I am aware of the significant amount of time and energy he invested in the process prior to bringing this strategy forward. I also commend the Government, the DLCG and other groups and individuals who participated so tirelessly in the consultation process.

The product of their collective endeavours constitutes a defining moment in the progress towards fully integrating the disabled into the economic, social and cultural life of the country. The motion before the House encapsulates a comprehensive and broadly based strategic approach by Government to empower people with disabilities to play a fully integrated role in society. That is at the heart of the strategy. The aim of previous Acts and the provision of services, personnel and so forth is to empower people with disabilities to play an integrated role in society and to mainstream all services, facilities and activities for the disabled. The launch of this strategy last week was an important milestone on the road to such empowerment. That is the Government's clearly stated objective, as outlined by the Taoiseach in 2000.

This disability strategy is not the start of the equality framework. Many elements are already in place. Senator Kett referred to them. If I get the opportunity, I will refer in detail to the education aspects. This strategy builds upon the pillars and blocks that already exist in terms of resources, services and professional teams. It also builds a framework of new supports and establishes new rights for people with disabilities. These include rights to independent assessment of needs and delivery of services across a wide range of areas, including employment, health and education as well as physical accessibility to all public services and buildings.

One of the Bill's key effects is that it puts the policy of mainstreaming public service provision for people with disabilities on a statutory basis. That is very important for people with disabilities. The central element of the strategy is the Disability Bill. Senator Kett referred to that Bill and I will do so too because the elements of the Bill are vital. The Bill might have been a long time in gestation but the wait has been worthwhile. Of the many rights enshrined in the Bill, the most fundamental include the right to an independent assessment of needs without regard to costs or the capacity to supply the services. There is also the right to a service statement which sets out the services that can be provided to meet the applicant's needs. This will immediately highlight gaps where they exist in the services.

There is provision for an independent complaints and appeals procedure if the applicant's assessed entitlements are not being met. The right to redress to the Circuit Court is most important if the system and its procedures ultimately fail people. It is vitally important that those seeking services have an input into the assessment process. I welcome the decision to appoint special liaison officers to help individuals communicate with the relevant public bodies. Senator Kett who has much professional experience in this area accepts that many of those with disabilities are well able to advocate for themselves. However, as he will be aware, there are individuals who slip through the net and who do not have the ability to advocate for themselves. In such circumstances, special liaison officers have a vital role to play.

The issue of rights is important but for a right to be real, it must be attainable. We can all propose rights in Bills. If a person is to be given an attainable right to a service there must be ease of access. Providing an advocacy service in the accompanying Comhairle Bill will enhance significantly accessibility for the disabled. This new service fulfils a commitment made by the Government during the debate on the Education for Persons with Special Educational Needs Act. I welcome its introduction. Many people with disabilities are vulnerable and find it difficult for various reasons to access the service. The personal advocate will assist, support and represent the person with a disability through the different stages of seeking access.

The decision to place an obligation on six Departments to prepare sectoral plans represents a significant step forward towards full integration of service for the disabled into the mainstream service. This is a vital cog. Disability has to be given due priority in service planning and provision. The consultation process that has continued ensures that those with disabilities are involved in the planning. Access for people with disabilities is becoming an integral part of planning and service provision.

With a strategy such as this with a wide range of new rights and provisions, people rightly ask where is the money. The Taoiseach, the Tánaiste and the Minister of State at the Department of Justice, Equality and Law Reform, Deputy O'Dea, dealt with that issue directly and unequivocally last week at the launch. They committed the Government to a multi-annual capital and current investment programme in the forthcoming Estimates and budget that clearly demonstrates the commitment to deliver the programme comprehensively.

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