Seanad debates

Wednesday, 1 June 2005

Disability Bill 2004: Second Stage (Resumed).

 

12:00 pm

Photo of Michael KittMichael Kitt (Fianna Fail)

I welcome the Minister of State to the House, congratulate him on bringing this important legislation before us, and thank him for the commitment and energy he has shown on this matter. I note from the correspondence I have received that he met with a number of organisations. Last week, I was honoured to meet with the Disability Federation of Ireland, DFI, and was impressed by its argument. I have been involved with and met the Irish Wheelchair Association members in Tuam on many occasions.

Questions on the ring-fencing of funds arise in the context of this Bill. The Minister of State is attempting to address this issue and has made some changes following the debate in the Dáil. He said he is committed to further changes. It is important that whatever funding is made available will be ring-fenced for the area of disability rather than sought for other Departments or health matters. I support the objective of Tuam members of the Irish Wheelchair Association to prevent the treatment of people with disabilities as second class citizens. The right to an assessment of need must not be resource dependent. While the Minister of State has responded to this issue, the Government, hopefully by means of this Bill, should provide services sufficient to address needs.

The DFI focused on the issues of timely access to certain specialist services and the opportunity for people with disabilities to make use of all this country has to offer. These human rights issues are as important as education or the matters we discussed with regard to the elderly. It is imperative that we address human rights. We should acknowledge and learn from past mistakes rather than continue to commit them. In 1997, a commitment was made in the programme for Government to ensure disability was placed on the agenda of every Department and public body, where it belongs. This remains the most significant challenge faced in Ireland.

Senator Norris referred to value for money, which was one of the issues raised by the DFI. This is not about the purchase of a wheelchair at the lowest possible price but about access. We should remember what happened when Mr. Brian Crowley, MEP, was a Senator. Members will recall that the passage to the restaurant included a number of steps. We acted quickly to ensure that area and this Chamber were made wheelchair friendly. New elevators were installed and corridors widened. This is a positive example of the actions which should be taken in every public building. We are all aware of the issues that arise where local authorities, community halls and schools have not taken the appropriate action to satisfy the rights of people with disabilities.

The Minister of State has expressed enthusiasm in addressing the issues which arise in the context of public transport and other services suchas employment, community participation, recreation, cultural activities, training and third-level education. The DFI noted that people with disabilities should not be denied funding from the public service expenditure of €38 billion and that legislation should provide a cornerstone for full inclusion. It was also noted that, rather than fear legal challenge, the public service should proactively design for the needs of disabled people. Regrettably, the areas of disability and education have involved extensive recourse to the courts.

I commend the Minister of State on the progress made on this Bill. In the opinion of the DFI, the key issues have been reduced from ten to five. The Minister of State referred to these issues in his opening address. I welcome the suggestion that an ombudsman be created in this area. The role of a disability commissioner was compared to the positive actions taken by the language commissioner to ensure activities could be conducted through Irish. I will take the Minister of State's word that the Ombudsman is a better option.

It is welcome that a review of the legislation will be conducted. Sectoral plans, which were discussed by the DFI, are important but unappreciated by local authorities, especially in the area of housing. During our debate on the rural housing guidelines, the Minister noted the reference to disability included in those guidelines thanks to the lobbying efforts of Councillor Nick Killeen and interested organisations. I hope that local authorities will pay heed to these guidelines when considering applications for planning permission.

It is disappointing that no specific provision was made for employment. Cross-departmental policies, which are often referred to as "joined-up Government", would be welcome in this matter. The Irish Wheelchair Association in Tuam has stressed the need to include a requirement to provide services within a reasonable and agreed timeframe. The Minister of State addressed this matter. All Departments should have a clear statutory duty to formulate sectoral plans, in which regard I welcome the Minister of State's remarks. He had a meeting on 6 May at which he said the first four of the five key recommendations would be addressed in the overall strategy. The Taoiseach offered to have meetings with each of the relevant Ministers to discuss the plans and I understand they will take place. The Taoiseach's initiative is welcome.

Senator Kett raised the issue of disability proofing which is a very useful place to start a discussion on the rights of the disabled. While the current period is one of intense activity as many organisations work to influence the final outcome of the Bill, my reading of the legislation and the Minister of State's address indicate we have come a long way towards creating very good provisions. There is an issue of access in the context of the layout of the Dáil and Seanad, in which context the Disability Federation of Ireland's slogan, "Access all areas", is a good one. To enact the slogan as policy will vindicate human rights.

I have worries which relate not to the Bill but to the way in which we do our business. As a former teacher, I am aware that access to schools is an issue. I remain concerned that roads divide the campuses at many schools, a problem which is far too common in County Galway. All schools have the ambition to have a campus on one side of a road only. Were it not for the fact that we have special needs assistance at mainstream schools we could not provide education for young people with disabilities. I hope we can continue to promote such education, although we should be very clear that it costs money. While it sounds very simple to bring all elements of a school to a campus on one side of a road, it is an expensive process as the Minister of State knows.

I referred earlier to local authorities, which have many new buildings accessible to all. Some older local authority buildings in too many counties, however, have very poor entrances and lack accessible lifts and toilets. There have been many campaigns on footpaths but while the attitude exists that someone should be there to help out, it would defeat the purpose of the Bill to adopt such a measure. We must ensure that campaigns of this type succeed. In Dublin and other cities, there has been a significant problem with access to taxi and bus transport. While there was a reluctance to provide accessible taxis and buses in the past, we have made some progress. I am not as happy about progress on rail transport. As a frequent train user, I am aware of a lack of access for the disabled. As Senator Kett knows, there are many small stations which are automated and at which one no longer buys tickets. They are not staffed by the number of personnel people might think. Disabled persons are not facilitated to embark and disembark from trains, which is disappointing.

We have campaigned long and hard at parliamentary party level in Fianna Fáil on the grant for disabled drivers, in which I would like to see some changes. While many changes have been made to the grant process in the past, difficulties continue to be experienced with the type of grant available and excise duty. A clear scheme should be established to help those with disabilities which no longer puts so many rules and regulations in place that it is almost impossible for disabled people to obtain assistance.

Senator Quinn referred to parking. I commend RTE, which has on many occasions sent reporters to parking areas in towns and cities to challenge people who have parked in spaces reserved for the disabled. Unfortunately, some people think that anyone can park in these slots. If we bear the policy in mind and remember Senator Quinn's remarks, people will eventually learn that there are certain spaces which are reserved by right for those with disability which should not be used by able-bodied people who wish to take the easy way out.

People who have concerns about the Bill would do well to read the Minister of State's comments. Changes have been made to the legislation in the Dáil and Government amendments will be tabled, which is welcome. The Minister of State has met many organisations and it is a matter of regret that some have pulled out of talks. The decision was theirs to make. Those organisations which have stayed in talks have seen changes made. Lobbying on all sides in the Houses has ensured that real improvements will be made to the legislation. I wish the Minister well in the rest of the talks and with the Government amendments which have yet to come forward.

The focus in the Bill is on the vindication of people's rights, to which end a great deal of money will be provided. I will make no apology for saying a great deal of funding is required in this area. The Minister of State is in a Department which has already set aside significant funding for child care, to which to his credit the Minister of State has given much of his time. I hope we will be able to find the money necessary to ensure the legislation before us is successful. I thank and congratulate the Minister of State for bringing the Bill to the House.

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