Ulick Burke (Fine Gael)

I welcome the Minister of State at the Department of Finance, Deputy Parlon, to the House. The matter I wish to raise concerns the need for the Tánaiste and Minister for Health and Children, Deputy Harney, to urgently put in place the disabled drivers medical appeal board. Those seeking redress from the now defunct board have been waiting in limbo for three months and the waiting list is two years, with no acknowledgement of correspondence and no indication of the status of their appeal or if an appeals process is in place. Those in need of support have been badly treated. The matter has been transferred to the Department of Finance given that the Minister of State has overall responsibility for the board, despite the fact that the Department of Health and Children has responsibility for providing the primary medical certificate.

The essence of the problem lies in the definition of who is eligible for the certificate, a definition which is archaic. The medical criteria to enter into the scheme limits access to those who are severely or permanently disabled. According to the criteria laid down, applicants must be wholly or almost without the use of both legs or be severely restricted in the movement of the lower limbs. It is unbelievable that stroke victims and motor neurone disease sufferers as well as those with MS are excluded from the scheme. The medical requirements for the scheme are much too restrictive. Conditions do not allow for discretion and are deliberately restrictive.

The Ombudsman, who has successfully challenged the scheme on three or four occasions, recently outlined serious issues in regard to it. The scheme was first introduced in 1994. Since then, approximately 8,000 people have benefited from it. That between 400 and 600 individuals are awaiting an appeal is an indication of the numbers seeking access. The criteria are so restrictive that elderly spouses and children are dependent on the passenger concessions to buy extra equipment when no longer able to lift their charges in and out of the vehicles. I welcome the fact that an element of discretion will be introduced into the new appeals board. I am pleased that following a long delay the appeals board has been enhanced by two additional medical doctors and secretarial staff.

It is frustrating for those who have made appeals in the past that they do not know where their papers are and when they contact the board they get an answering machine and no reply. That is frustrating for those in urgent need of assistance. That VAT and VRT is refunded to the applicants is of assistance. In many instances where assistance is provided, it prevents people from being institutionalised. For that reason the concession is value for money. I urge the Minister of State to ensure that steps are taken immediately given that there are 600 people on a two-year waiting list seeking an appeal. Something has gone terribly wrong over a period which has allowed this problem to develop. An amnesty will have to be declared to enable the board, when it is put in place along with proper funding, to begin operating on a level playing pitch and deal with the new applicants. Where medical evidence is provided, there should be no delay in allowing those appeals to go through.

Where the word of the general practitioner, who has been in constant contact with the applicant, is not taken it is a sorry state of affairs. An amnesty should be allowed for a short period for all existing applicants. The amount of money involved is small and would improve the conditions of both the applicant and his or her spouse and children, or whoever is caring for the applicant. That would be an indication that the Government is serious about caring and responding to those who are disabled and immobile.

I do not know the definition of "mobility" within the Department of Finance or the Department of Health and Children. At local level, responsibility which formerly rested with health boards is now a matter for the Health Service Executive. Some element of discretion will have to be taken on board to allow this valuable scheme to function properly.