James Bannon (Fine Gael)

I compliment the chairperson of the Irish Wheelchair Association, who brought many people in wheelchairs to the House to protest against the inadequacies in the current Bill.

The Bill before us today, anticipated as a beacon of hope by our disabled citizens, is a major disappointment and has extinguished the light of that anticipation. The inalienable rights of all our citizens are enshrined in the Constitution. These rights are not quantified, they are not exclusive and they should certainly not be limited to the able-bodied or able-minded. By definition, facilities for the disabled are not a privilege but a right and the Government must be the guardian and facilitator of the provision of this right. This Bill is a very grudging concession to that obligation.

The disabled should never have been treated as second-class citizens without a voice but this has been the reality. However, they are no longer prepared to accept such discrimination. This was made quite clear at last Thursday's protest outside the gates of Leinster House, when wheelchair power made its presence felt and these Irish citizens demanded to be heard. In 2002, there were more than 360,000 people with disabilities in Ireland, representative of 10% of the population compared with an average of 12% for EU countries. Northern Ireland had an estimated 17.4% of the adult population with disabilities, with 3.5% of the child population in the province disabled. The difference is that there are more up-to-date statistics in Northern Ireland, the UK and other EU countries.

Disability in a person means a substantial restriction in his or her capacity to participate in economic, social and cultural life on account of an enduring physical, sensory, learning, mental or emotional impairment. The important point is that disability is not a choice, but a state that is outside the control of the sufferer. We must see beyond the disability to the fellow human being who is entitled to the benefits of normal existence and the protection of human rights. These rights include the right to a job, to education, to health services, the right to access essential services, transport and buildings. Such rights are taken for granted by able-bodied people. When will the casual expectation of norms such as these be also the preserve of the disabled? When will all our citizens be treated equally? This is the nub of the matter and the source of many grievances in regard to the Bill.

Even though more than 500,000 people expressed concern and despite Fine Gael's criticism of the guillotining of more than 100 amendments by the Government, the Bill passed all Stages in the Dáil, leading to the protest outside Leinster House last Thursday. The Bill was published on 21 September 2004, with real activity only commencing in April 2005 when the Government announced its amendments. We have waited some years for it to come before the Seanad but, despite the Government's assurances that this is good legislation, it is clear that it is open to improvement and that the Government must be equally open to such alterations.

The Disability Federation of Ireland, DFI, contends that in order to be comprehensive, the Bill must focus on two matters. First, is the need to ensure people have timely access to the necessary specialist services and, second, is the need to ensure over time that what Ireland has to offer becomes fully and equally accessible to people with disabilities. The Government stated in its 1997 programme for Government that it was "committed to ensuring that disability is placed where it belongs, on the agenda of every Government Department and public body". The programme for Government further states: "We recognise that disability is one of the most important social issues facing Ireland today".

However, in the eight years since these fine sentiments were expressed, little practical action has been taken. For example, although the Irish Wheelchair Association recognises that some effort has been made, it argues that the Government has no real concept of how the flaws in this Bill will ensure that those with disabilities continue to be treated as second-class citizens. It has been claimed that fear is driving the Government's approach to this legislation. This fear translates into a perception among the parliamentary parties, particularly Fianna Fáil and the Progressive Democrats, that disabled people will bleed the public purse dry, while simultaneously having public services delivered from the Four Courts.

Unless the Minister of State has lost the plot, he must be aware this is not the case. Disabled people have only one agenda, which is to achieve their status as equal citizens in an equal manner. Who would wish to deprive them of that? Who is to refuse them that equality through the denial of direct or indirect provision? Will the Minister of State refuse to ensure this equality and allow his actions to speak for themselves to the detriment of some 10% of our citizens? It is an ill-advised person who would do so.

How far have we gone in our commitment to inclusiveness? Is it something to which the Government merely pays lip-service or will it allow this Bill to make a real difference? The mere fact that we are debating the Bill at all sends the message that we have a long way to go. Is this not an issue about which there should be real unity among us and a consensus to do all in our legislative control to bring about essential equality without dissension?

We must recognise and accept the unequivocal right of all to an assessment of need which is not resource-dependent. The services identified in the assessment must be provided within a reasonable and agreed timeframe and the Bill must provide for clear protection of disability-specific resources. The provision regarding sectoral plans must take account of the wider needs of people with disabilities. Each Department must provide a sectoral plan and attain the inclusiveness of involvement and provision committed to eight years ago in the 1997 programme for Government. Moreover, the Bill must provide for a clear statutory duty on all Departments and public bodies to include people with disabilities in their plans and services.

To date, the debate has focussed on the search for rights and fears about public services being delivered through the courts. However, it is essential that we keep the concept of human rights beyond disability firmly in our minds. This Bill could and must ensure that we do not repeat the mistakes of the past. It should be part of a framework of measures that aims to support social inclusion and participation of the disabled in everyday life. One can only imagine what it is to have one's life controlled and defined by disability. Perhaps it is the arrogant disregard and casual acceptance of our abilities that makes it hard for us to appreciate and to strive to eliminate the problems of others.

It is unquestionably the case that the Bill is not the panacea for the ills and difficulties that beset the disabled in this country. This is a crying shame. It is an indictment of the Government but it is also an indictment of all the able-bodied citizens who are prepared to let the old status quo persist in regard to those less fortunate than themselves. This Bill and the Comhairle (Amendment) Bill 2004 are the two vehicles on which the hopes of the disabled are pinned for the immediate future.

Opposition by groups representing people with disabilities led to the withdrawal of the Disability Bill 2001. If the Government digs in its heals with regard to the obvious failings of the current legislation, it is incumbent on all of us to force its amendment or withdrawal. At the very least, it must be taken apart and reassembled. Senator Brian Hayes observed that the President may have a role to play if the Bill is guillotined in the Seanad in the same manner as it was guillotined through the Dáil.

Enable Ireland is concerned that the definition of disability is narrow and aimed at excluding a large number of people from receiving an assessment and services. A person who does not come under this definition is given the option of complaint but without essential appeal. In its submission to the Minister of State, Deputy Fahey, the Disability Legislation Consultation Group, DLCG, sets out ten major areas of concern in regard to the Bill and emphasises its standpoint that people with disabilities are members of the public.

Viewed like this, all perceptions of the difference and separation of able-bodied and disabled go out the window and raise again the question of the appalling condescension of legislation such as this. Unless we overcome the "them and us" mentality and legislate for all citizens, regardless of status, equality will never be achieved and terrible injustices will continue.

The DLCG's submission went on to state that the Bill requires major reconsideration in order to bring the needs of those members of the public who have disabilities into the centre of public policy and public service delivery. The DLCG envisages two possible scenarios for the disabled if this legislation is enacted. People with disabilities will either be fully welcomed into Irish society, with all the challenges that brings to the public services, or they will continue as outsiders. The outcome rests with the Government and with the Minister of State. I hope he will accept in this House some of the amendments tabled by Fine Gael in the Dáil and will allow the Bill to go back to that House for proper amendment. Otherwise, as Senator Brian Hayes observed, the only option remaining is that we ask the President to review the legislation, as she has done in the past. President McAleese is an active President and I am confident she will have an input into this legislation before it is enacted.