Sheila Terry (Fine Gael)

I move amendment No. 1:

To delete all words after "Seanad Éireann" and substitute the following:

—recognises the frantic efforts of the Government to put a programme of action in place to support and reinforce equal participation in society by people with disabilities after a term of seven years in office,

—welcomes the eventual publication of the Disability Bill,

—notes the failure of the Government to make a commitment of a defined level of resources for implementing the national disability strategy and notes the failure to set a fixed timeframe for its implementation;

and

—condemns the Government for its abject failure to date to give priority to its overall objective of putting in place the most effective combination of legislation, policies, institutional arrangements and services to support and reinforce equal participation for people with disabilities.

The Government's motion is totally inappropriate and is another example of the Government clapping itself on the back. In this regard it is premature in congratulating itself. I would be happy to congratulate the Government if the Bill had ensured that those with disabilities would get all the rights and services they deserve to enable them participate fully in society. The delay in publishing the Bill is something of which the Government should be ashamed. The previous Bill was withdrawn in May 2002. I object strongly to Senator Kett stating the previous Bill was withdrawn because of comments made by the Opposition at the time and that these negative comments damaged the Bill to such an extent that it had to be withdrawn. That Bill was withdrawn because it was unacceptable to people with disabilities and their families. In speaking about its faults we endeavoured to ensure we would get a Bill that would deliver the services that are essential to those with disabilities.

While the Government is congratulating itself on the Bill's publication, it is only the beginning. There is much work to be done to improve its provisions. I and my party will do everything we can to ensure, by means of amendments we will table, that we get the best legislation possible to deliver the services which are essential for those with disabilities to enable them participate fully in society.

I congratulate the disability consultation group and the disability advocacy groups on their effective campaigning and lobbying in an effort to bring about legislation which we hope will guarantee rights to people with disabilities. I am upset the process has taken so long and I can give a litany of the promises, false starts and stops that took place between May 2002 and the publication of the Bill last week. The timeframe for publication of the Bill is unacceptable. Nevertheless I welcome the fact that we have a Bill which we can amend to try to achieve the best legislation for those with disabilities.

I wish to highlight some of the grey areas in the Bill, the most important of which is contained in Part 1 of the explanatory memorandum which states:

Section 5 establishes the basis upon which each Minister will make financial resources available in each year, for the provision of services under the Act. In deciding on the allocation, each Minister will make available such amount as he or she considers appropriate, taking account of the need also to provide an appropriate amount for the performance of his or her other functions in that year. Having made such a considered allocation, nothing in the legislation will require him or her, or any public body to which this funding has been allocated, to provide a service which cannot be met out of that allocation.

This is the kernel and where the Bill could fall if it is not amended. There is a large element of political choice inherent in the funding provision. The Minister of the day may decide he does not have sufficient funding to deliver the services which are necessary. The Bill entitles an individual to an assessment and a statement of need, but it does not entitle him or her to the delivery and provision of the services outlined in the statement. That is the essential part of the legislation. The Taoiseach said the legislation would be rights based. We want nothing less than rights-based legislation. The legislation is not rights based if the funding is not in place. If an individual requires certain services and the funding is not available to provide it, the legislation is not rights based. Will people have to go to the courts once again while there is a provision in the legislation to entitle them to appeal a decision? More people will have to go to the courts to demand the rights to which they are entitled.

I accept previous Governments have long neglected people with disabilities. We live in an age where people with disabilities deserve the rights that all of us expect in our daily lives. By not giving them those rights we are sidelining them and that is not acceptable. Some 60% of households headed by a person with a disability live below the poverty line. Unemployment levels among people with disabilities are more than tenfold that in the general population.

Far too many elderly parents worry about who will look after their adult child with a disability in the event of their death. Too many parents know their child has special needs whether for speech therapy, physiotherapy or occupational therapy but does not receive those services. I doubt this Bill will deliver the services. I hope the Minister of State can tell me how he will address that. How will he deliver the many speech therapists, physiotherapists and occupational therapists needed? How long must we wait for the services to be delivered? We want to know that sufficient multi-annual funding will be provided for the services for people with disabilities and that they will be able to lead independent lives, will have access to work and training and receive the personal assistance, aids and appliances necessary for that.

I welcome the fact that all public buildings must be made accessible for people with disabilities but why is that limited to public buildings? Anybody using a wheelchair should be able to access any building. The requirement should be broadened. When people with disabilities and their families know they are equal and cherished citizens through the implementation of a rights-based Bill and the necessary funding to deliver its provisions I will be the first to congratulate the Government.