Seanad debates

Wednesday, 1 June 2005

Disability Bill 2004: Second Stage (Resumed).

 

4:00 pm

Michael Brennan (Progressive Democrats)

I thank Senator Kate Walsh for sharing her time. I am pleased to make a contribution to this debate. I welcome the excellent and thought-provoking contributions made in the House thus far. In introducing the Bill to the House last night, the Minister of State said it would significantly advance the position of people with disabilities and would be instrumental in sustaining progress in the longer term. I support the Minister of State and his Department in their efforts to make this happen.

I would like to concentrate on the issue of consultation. Support groups, voluntary groups and family representative groups play an immense role in society supporting and advising those with disabilities and their families. I express my appreciation for all the work done by these groups. The Bill before us was rightly the subject of intensive consultations with interested groups. The National Disability Authority brought together a group representative of people with disabilities, their families and carers, and service providers in the sector. This was done on foot of a request from the then Minister of State at the Department in April 2002 and is to be commended. The Bill has been improved as a result of the process. The disability legislation consultation group has provided meaningful and important input at national level on the sector, for which work I thank it.

Some of the media coverage gives the impression that the Bill was drafted to the exclusion of representative groups, that it has not been shaped by their contributions and that groups were not listened to. This is simply not the case. In the first instance, not only senior departmental officials but also Ministers had regular contact with the DLCG. That important process has been ongoing for two and a half years or more. It was crucial that those in the Department get a real and detailed understanding of the issues that concern the representative groups. I am glad that such ongoing contact, together with the DLCG document, Equal Citizens, allowed the Department to gain that understanding.

Second, contrary to some claims, the Bill takes account of proposals in the Equal Citizens document and other submissions, for example, the 3% target for the employment of people with disabilities, the mainstream service provision, the right of redress, transparency regarding related services and the right to an independent assessment of need. Those are just some of the examples of the great benefit of contributions from representative groups and the responsiveness of the Department in taking account of them. We must remember all that was done before the Bill was even initiated in Dáil Éireann.

Third, meetings and consultations continued between representative groups and the relevant Departments and committees. The Minister is to be commended for his work to accommodate changes to the Bill to address the concerns of the DLCG and others to the greatest possible extent. Throughout the legislative process, the proposed changes were accommodated by Government amendments and I commend all involved in this. I hope that if further amendments come to light while the Bill is before the Houses, they will also be taken into consideration.

The Bill is a positive action measure, being made up of several distinct initiatives. On their own, the provisions may not look radical but taken together, they will over time lead to a sustained improvement in the lives of people with disabilities. There remain issues regarding definitions, access and resources but these have been spelt out in the House over the last few days.

The majority of the various cases currently before the courts deal with children with autism. The legal costs associated with those cases will be substantial and an ordeal for the families involved. Could they be dealt with under the Bill once passed by the Oireachtas? That might be a more suitable, fairer and more cost-effective way to meet people's needs.

In conclusion, I congratulate the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Fahey, along with his predecessors, Deputies O'Dea and Mary Wallace, and the full Cabinet for introducing this Bill on the basis of the programme for Government. I wish the Minister every success.

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