Seanad debates

Wednesday, 1 June 2005

Disability Bill 2004: Second Stage (Resumed).

 

4:00 pm

Photo of Kieran PhelanKieran Phelan (Fianna Fail)

I am happy to have the opportunity to speak on the Disability Bill. I have listened carefully to much of what has been said in the other House and since the debate commenced here. It has been very informative and many Members of both Houses have given constructive views on the Bill. I am sure the Minister of State will take many of these practical suggestions on board.

The Disability Bill is detailed and comprehensive. It has been under preparation for some time and there has been widespread consultation with all the various interested parties in bringing about its publication. It has been criticised by various sectors and we have heard some of that same criticism here today. When all is said and done, it has to be recognised that this Disability Bill is a major step forward for disabled people and their families.

I wish to congratulate a number of Ministers who were involved in the Bill's preparation. I congratulate the then Minister of State at the Department of Justice, Equality and Law Reform, Deputy Mary Wallace, the Minister for Defence, who was then Minister of State at the Department of Justice, Equality and Law Reform, Deputy O'Dea, as well as the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Fahey. The Minister of State, Deputy Fahey, must be congratulated for presenting the Bill to the House and explaining the detailed provisions and implications of what is proposed to Deputies, Senators and the wider public. I wish him well in his ongoing work in ensuring this important Bill becomes law.

As other speakers have said, this Bill has to be put in context. It is but one part of the overall national disability strategy which was published last year. The Disability Bill is part of a much larger framework of measures which it is hoped will create greater social inclusion. The other elements of this overall strategy include the Comhairle (Amendment) Bill 2004, the Employment Equality Act 1998, the Equal Status Act 2000, the Equality Act 2004 and the Education for Persons with Special Educational Needs Act 2004. Further to those items of legislation my constituency colleague, the Minister for Finance, Deputy Cowen, announced the provision of a special disability multi-annual investment programme for disability support services. For the coming years, 2006-09, a package of €900 million has been dedicated and I commend the Minister for Finance, Deputy Cowen, for this significant allocation of funding. When speaking in the other House, my colleague, Deputy Moloney, highlighted this matter as a great step forward for the entire disability sector. It is worth noting that the then Minister for Health and Children, Deputy Cowen, recognised the need for multi-annual funding for people with disabilities and particular groups.

There is no doubt about the commitment of the Government in dealing with the entire disability sector. If one wishes to measure its commitment to dealing with disability issues, it is possible to do so by looking at the level of funding that has been allocated by the Government to address the issue. The multi-annual funding is the only way forward to ensure the disability sector is best provided for. This is a positive step on which the then Minister for Health and Children, Deputy Cowen, should be complimented.

All of us have read the various submissions from the disability groups and representative bodies for those in the disability sector. I have been impressed by their passion and commitment to some of the most vulnerable in society. I am not alone in saying we have been inundated with representations from such groups. I reassure these people and these groups that the Government is proud of what has been done but we all agree that much more needs to be done in the area of helping the disability sector. I compliment the chief executive officer of the DFI who has worked hard and whose views have been balanced and fair. We have all met him in recent weeks.

I welcome sections 7 and 9 which provide for the inclusion of assessment officers. This is set out in detail and I am delighted with the provisions. A consistent criticism I have heard from people with disabilities or groups representing them was that they felt marginalised and left out because there was no specific appeals mechanism for them. While there was an appeals procedure in place disabled people or their representative groups will be happy with the new set up proposed in the Bill. It is my hope that the introduction of these assessment officers will make the whole process of getting what each individual is entitled to much easier for the most vulnerable members of society.

The Disability Legislation Consultation Group put forward a number of key requests. It sought the right to an assessment that would not be resource dependent. It is clear from the Minister of State's contribution last night that the Bill provides a right to an independent assessment to a benchmark standard with access to redress. The Minister of State explained that this assessment will be undertaken without regard to the cost of or the capacity to provide any service identified in the assessment. I am happy with this assurance.

The group sought that the Bill would require the provision of all assessed services needs within a reasonable and agreed timeframe. I am pleased the Bill addresses that concern in that it will, when enacted, impose significant new requirements on Ministers and the Health Service Executive in regard to service provision and transparency in regard to funding. The group requested also that the various Departments would prepare a sectoral plan. From my understanding of the Bill there is provision for six sectoral plans which will deal with services for those with disabilities. In his contribution last night the Minister of State, Deputy Fahey, pointed out that other public bodies are already obliged under the Bill to make their services accessible by next year.

In the past, Governments of all persuasions have allowed problems in the disability sector to be unresolved. We should be realistic in our criticisms of the problems we face. It would be wrong not to recognise the positive aspects of what the Government is doing. For the first time, the Government is putting in place a firm financial programme and a national disability strategy to establish proper disability services.

I compliment the Government and the Minister for Finance, Deputy Cowen, for this substantial commitment from the Exchequer. Under the provisions of the Bill, Ministers will be required for the first time to make explicit plans regarding the amount of money they will allocate each year from their own budgets to ensure that the provisions of the Bill are implemented.

The overall national disability strategy which includes the Disability Bill and the multi-annual investment programme announced by the Minister for Finance, Deputy Cowen, provide a strong basis for moving forward and getting some progress on the existing problems that confront people with disabilities. I hope the Bill will help those who work with people with disabilities. My wife works with disabled people in St. Anne's in Roscrea. It is a tough job.

I wish the Minister of State, Deputy Fahey, and his officials well in the ongoing work on the Bill. I appreciate he has put a very significant amount of work into it in recent months. When enacted I have no doubt it will contribute greatly to the lives of our disabled citizens and those of their families and friends.

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