Terry Leyden (Fianna Fail)

I thank the Minister of State and his senior officials for their attendance in the House. I commend him on his great patience and fortitude in this matter. He met many groups on many occasions and endeavoured in every way possible to make this Bill acceptable to everyone, particularly those whom it concerns directly. The Minister of State inherited this task from his predecessor, Deputy O'Dea. I was at the launch of this Bill some time ago.

It may be asked if the Bill should have orginated from the Department of Justice, Equality and Law Reform. Its implementation generally falls under the aegis of the Department of Health and Children. That, however, is irrelevant because it is the Government that has initiated the Bill and each Department had a say in that process.

Has the Minister of State met any group which is happy that the Dáil passed the Bill last week? In this context I welcome the commitment by Minister of State and the Taoiseach to accepting amendments in the Seanad. This is important because otherwise we would have no role in this Bill. I know from my experience in Government that if the Bill was tabled close to the recess and the Dáil was already in recess, it would be impractical to accept amendments in this House.

I welcome the opportunity to speak on this unique Bill which has the power to change fundamentally the way in which services are delivered throughout this State. The Bill has wide-ranging implications for all Departments which is evident in the inclusive way in which it was prepared.

Significant debate has surrounded the Bill and the amendments brought forward represent a way of enhancing it. People with disabilities do not participate on a level pitch in our society. The Bill is part of a framework of measures which supports social inclusion. It is designed to ensure participation by people with disabilities in everyday life. It is a major, though long overdue, step in the development of services for people with disabilities.

The implementation of this legislation has the potential to change radically how we treat and value people with disabilities. The consultation process attendant on the Bill exemplifies the way in which this Government listens. We have accommodated the changes to the Bill to address the concerns of the disability legislation consultation group.

The Minister of State and the Taoiseach are active in ensuring that the needs of all interested groups are met. The Taoiseach met the DLCG last week when he agreed to consider several issues of concern to the group. The Government is committed to bringing forward several amendments to address as many of these proposals as possible.

In the 2005 budget the Government made addressing the needs of the disability sector a clear political focus. The Minister for Finance ensured that the Bill is framed so that resources and positive measures can be focused on people with disabilities who are most in need of services. In the Estimates for 2005, published last November, the Minister announced an additional €290 million, or an 11 % increase in spending on services for people with disabilities, bringing the total to €2.8 billion overall, or three times the 1997 figure. The budget went further, including an additional €70 million current and €60 million capital expenditure for disability services in the health area.

More significantly, the budget announced the provision of a special disability multi-annual package of €900 million for the period 2006-09, dedicated to the delivery of high priority disability services. This is a unique Government commitment. I welcome this and commend the Minister on ensuring that this funding has been ringfenced exclusively for disability services.

The Bill makes several provisions for the allocation of resources for services. It sets out new rights for people with disabilities and places several obligations on public bodies in respect of them. These rights and obligations are not absolute but are subject to various conditions, and exceptions may be made in some cases.

People with disabilities will be entitled to have their health and educational needs assessed, to have individual service statements drawn up setting out what services they will receive and to access independent complaints and appeals machinery. I am particularly pleased that there is now a clear further commitment to the 3% employment quota but this percentage is too low. There should be an effort in the Bill to raise this to at least an aspirational 5%. That should be the minimum not the maximum percentage in the public service. There are plenty of roles, opportunities and jobs available. It is essential to give people with disabilities these opportunities.

This is much easier now, given the standard of new buildings and in the context of decentralisation. New buildings will be fully equipped and designed to ensure full accessibility for those with disabilities which will enable us to realise the minimum quota of 3%, but I strongly recommend increasing that to 5%. While general unemployment is running at less than 4.5%, estimates of unemployment among people with disabilities start at 60%. Therefore, there is much room for improvement.

A number of key changes to the Bill have addressed the concerns of groups representing people with disabilities. In response to calls for a review process the Government is committed to review the legislation after five years. This timeframe allows all those involved to fully assess the positive implications of the Bill. It is important that a full review of the legislation takes place on a rolling basis. Many criticisms have been made of the Bill but hopefully they will be resolved before it is finalised and I hope we end up with the best possible legislation. Ultimately, the Government may decide to recommend to the President that she refer the Bill to the Supreme Court. That is an option the Government may wish to take to ensure it is constitutional.

In order to take account of concerns about the wider needs of people with disabilities, there is a broadening of the sectoral plan of the Department of the Environment, Heritage and Local Government to specifically include housing and accommodation. I listened to my local Shannonside Radio today where people telephoned in and said that deliberations on the Bill had been completed in the Lower House. I reiterate the point made in the House yesterday by the Minister of State when he clearly stated that arising from the consultation that has taken place, he has open mind in this regard, as has the Taoiseach and the Government. The Minister of State mentioned ten key areas of concern for the DLCG and those will be considered in the light of the proposals put forward in this debate.

I have attended public meetings for many years as a member and chairman of the Western Health Board, Member of this House and as a member of Roscommon County Council and have heard many views expressed on a rights-based Bill and rights-based legislation. I wish to make a point in advance of the holding of a general election within the next two years. Politically, if not for the good sound reasons that it is right, it is essential for any Government to satisfy the needs of such a powerful and influential group as the disabled and all the organisations that represent them. Given that up to 400,000 people have forms of disability, it is essential that the Bill is accepted by the vast majority of those involved.

At my constituency clinic last Friday I met a group called Brainwave, the Irish Epilepsy Association. It has made a detailed submission which I will send to the Minister of State. It makes the point that its members are not recognised in the Bill to the extent that there are different degrees of epilepsy and that the definition in the Bill is too narrow and inconsistent with other legislation. The definition of "disability" in the Equal Status Act 2000 is much more inclusive. By contrast, the definition in the Bill would exclude many people with disabilities who require services. For example, because epilepsy is not a permanent disability, people with epilepsy would no longer be defined as people with a disability. Therefore, they would be denied entitlements and access to services which they hold. These include disability allowance, occupational therapy and supported employment services. Perhaps the Minister of State would look at the submission and respond to it in the context of the Bill.

The Irish Epilepsy Association maintains that the Bill has the potential to undermine section 4 of the Equal Status Act. I would like to hear the views of the Minister of State on that issue.

The DLCG has proposed that the implementation of the legislation is reviewed after three years. This provision is not provided for in the Bill. I understand the Minister of State has indicated that the legislation would be reviewed after five years.