Sheila Terry (Fine Gael)

I will be tabling an amendment to make them more independent by placing them under the authority of the Department of Justice, Equality and Law Reform.

The Bill has many layers of bureaucracy. I would like to know how much it will cost to set up all the layers of personnel required. Will more money be spent on setting up the administration and employing the staff for it? If we are to do it properly, it must be in place, but I want to ensure we have the available resources.

The services statement will only be effective if there are resources to implement it. Multi-annual funding means nothing if it is not sufficient to meet the demand. In this Bill, no deadline is set down by which services statement needs must be met. I am concerned about what will happen regarding those needs that are not met because of resource constraints. A timeframe should be set out for the delivery of the outstanding needs. This is an essential matter. If a service statement outlines that certain needs are to be met but the resources are not there, we must ensure a timeframe is provided for their ultimate delivery.

The term "ring-fencing" has been used a great deal when discussing the Disability Bill 2004. This Bill makes no commitment to ring-fencing disability-specific resources. If times get tough, people with disabilities will once again be marginalised. I will probably be reminded by Members on the Government side that the Minister has said that €2.9 billion has been provided for disability-specific services this year. However, that is from a budget of €38 billion for public services. We are not talking about a great deal of money as a proportion of the overall budget. It is a matter of enabling people to be independent and make a contribution to society, something that will ultimately pay back into the economy and society. We are also talking about people who may never be able to get out into the workplace but who should be entitled to reach their potential with the necessary supports and services. They should be able to live with dignity.

Disability-proofing and promoting the equality of policy and planning must be provided for by all Departments, public bodies and publicly-funded bodies. It must be demonstrated in all aspects of their work, including planning, budgeting, implementation and evaluation cycles. They should be accountable for the delivery of the services, something that is absent from the legislation. I understand that the Taoiseach agreed at a recent meeting with the DLCG that he would examine disability-proofing. I therefore hope the Minister will be able to take that on board when I table an amendment on Committee Stage so we can ensure such proofing and the promotion of equality of policy and planning in all Departments.

I remind the Minister that the Fianna Fáil-Progressive Democrats programme for Government of 1997, An Action Programme for the Millennium, stated: "We are committed to ensuring that disability is placed where it belongs, on the agenda of every Government Department and every public body." The speeches by the Taoiseach and Tánaiste at the launch of the national disability strategy were uncompromising in stating that they believed the Bill was built on the foundation of an agreed Government policy to mainstream public services for people with disabilities.

The Disability Federation of Ireland states:

As a result of the clear commitment to mainstreaming in the Programme for Government (1997), the emphasis placed on the issue in the DLCG's report Equal Citizen and the centrality of mainstreaming disability services in the Taoiseachs and the Tánaiste speeches, DFI were dismayed at the weakness of the measures in the Disability Bill to legislate for the inclusion of people with disabilities in public services. DFI had anticipated that the Bill would have comprehensively addressed the issue that people with disabilities are equal members of the public and that the public service infrastructure is equally for all members of the public.

The Bill does not promote the inclusion of people with disabilities in all public policies and services. The Bill does not oblige all Government Departments, public bodies or publicly funded bodies/services to ensure that all services provided are available on an equal basis to people with disabilities. The six draft sectoral plans by different departments are very vague and general and do not include many important issues. Most importantly the Bill fails to oblige these statutory bodies to ensure the inclusion of people with disabilities in the development of their policies, plans, programmes and services.

I will be tabling an amendment so that we can ensure that disability-proofing is provided for in each Department. If we are serious about this legislation, that is how we must proceed. Legislation must include everyone in society, and we must not set out to exclude any individual or group. Ensuring the delivery of services to people with disabilities would be a valuable vindication of people's human rights, and disability-proofing would ensure that. Regarding the appointment of a disability commissioner, I believe it necessary that we provide for one in the legislation. To enhance the status of people with disability and assist in protecting their rights to equality in public services, the position of disability commissioner should be created. This position should have the same status as An Coimisinéir Teanga and such an officer would give the Oireachtas and the disability sector a strong basis for ongoing engagement with Departments. I will table an amendment to deal with this on Committee Stage, which I hope the Minister will accept.

Part 5 establishes a statutory basis for positive action measures to support the employment of people with disabilities in the public service. Does the Minister agree that working people with disabilities are getting at least the minimum wage? When the Equality Bill was going through this House, the Minister for Justice, Equality and Law Reform accepted an amendment I put forward on this issue. I was surprised, therefore, to hear on the radio recently that people with disabilities not far from here are not getting the minimum wage. Can we be sure that people with disabilities are not being abused financially? Are we ensuring they are entitled to at least the minimum wage?

I look forward to Committee Stage when I will table many amendments. My Dáil colleagues put forward amendments we felt were absolutely necessary but would incur a cost on the State. We were very frustrated that they were not accepted. Addressing the many anomalies in the legislation would incur a cost. Regrettably, the Minister of State rejected those amendments in the Dáil. I hope there will be co-operation on this and that the Government will work with the Opposition. We can improve this Bill and enact the legislation the disability groups want, which will ultimately deliver the service to the people who need it.