Mary O'Rourke (Fianna Fail)

If the disabled person was able to speak that was fine and if not the care assistant spoke for him or her, interpreting the needs. It was a wonderful experience. I previously went to Kinnegad and met the group when its members were struggling — they are still struggling because anybody in that area is always struggling.

Knowing they have someone by their side who is going to attend to their needs gives people with disabilities great confidence. From my experience of working in the then Government I remember the centres for independent living had major difficulties in that people felt we could not have every disabled person accompanied by another person. If they cannot manage things themselves, why should they not have somebody who can interpret their wishes and carry them out? One of the people told me it was wonderful that he can now live at home in a modicum of comfort because he is being helped by his care assistant. It is great that he is able to be in his own home and not in a hospital or nursing home, which the Minister of State, Deputy Seán Power, discussed with us last night. Ultimately whether they are affected by illness or disability, everybody wants the care of their own immediate family.

When the DLCG met the Taoiseach on 25 May, he agreed to consider a number of further important issues including the following: The need to provide for a face-to-face interview to review each applicant's service statement, which will allow them to highlight any areas that might not work for them; additional powers for the complaints officer allowing him or her to recommend the timing of the service or assessment, which is also excellent; to review concerns about the wording of section 5(4); the publication of the report on aggregate needs prepared by the HSE under section 13; the preparation of progress reports by the six sectoral plan Departments at least every three years; and changing Cabinet procedures so legislation and policy proposals submitted to Government would take account of the impact on people with disabilities. This approach is welcome.

As Minister for Equality and Law Reform, Mervyn Taylor introduced gender proofing. In future all Bills to be introduced will be disability proofed. The Taoiseach agreed to consider these matters and the Minister of State, Deputy Fahey, said he would table amendments in that respect. Thank goodness we have a second Chamber, without which these issues could not have been considered. It is good that the appeals officer can arrange for mediation if he or she considers the issue could be resolved in that way. Then there is enforcement. If the determination of the appeals officer is not implemented, application may be made to the Circuit Court. This covers access to buildings and services and sectoral plans. There is an unqualified right to complaints.

There is a statutory basis for positive action measures to support the employment of people with disabilities in the public service. It allows each Minister to specify targets for the employment of people with disabilities in the sector, pending which specification the existing 3% employment target will apply. That is very important, since it is not happening. We have come to the matter of the money required and the essential core point of a right to processing and delivering the service provision laid out in one's assessment of needs. The question of a guarantee of adequate funding in law has been raised.

I cannot see how any single Department could run itself with that service obligation laid out in financial terms. It is far more important that the mindset of those who introduce this Bill be changed to one of giving, first accepting that people with disabilities have rights, and wanting to facilitate the provisions' transposition into law. That is the fundamental need. I have spoken to officials in other Departments, although I will not quote them here. Their attitude is still that disabled people are doing very well under this Bill. Of course this Bill was needed a long time ago to allow people with disabilities to emerge from the shadows into which they had in many cases been consigned by society which did not want to hear or know about them. They thought that adequate provision could not, should not and would not be made. However, it could, should and will be done.

This should be affirmative legislation in which people's rights to the provision of services and their human rights are taken into account, with the entire budget of every Department geared towards them. I would like to see an untouchable subhead in every Department's Estimate labelled "provision of services for the disabled". Each Department would work out each year what it needed to put forward a progress report for those with disabilities. The money required would be put aside for that subhead, and the Minister for Finance would not seek to touch it — not that he would, anyway. The applicant Minister goes forward with dread in his heart to the Minister for Finance in the annual carry-on to which one must submit in order to secure the money to run one's Department. Costs should not be puffed out but should be starkly laid down under an untouchable subhead.

Based on my years of experience in Departments, I proposed that, as a genuine way to guarantee provision, without, as Senator O'Meara was saying, recognising an essential right, the Minister, under his or her subhead, could lay out what the disability-proofing of his or her Department would cost and get a guarantee that the funding would not be touched. That would mean that the provision of such services in that Department would be done correctly, since the money could be put to one side. I offer that as a compromise regarding a right to finance, which I do not think any Department could recognise. The disability-proofing of each Department would be sectionalised under an individual subhead. If that happened, it would very quickly mean that the various matters necessary under the legislation might be acceptable.

This is good legislation and not a disaster, as some of the correspondence I have received has stated. It is long overdue, and we politicians of all hues have been guilty of not dealing with disability daily and directly and seeing how we might address it. People are born with some disabilities, and some happen through accidents, unfortunately. However, as Irish citizens they are part of our nation, and we are dealing here with legislation affecting Ireland. They are part of the same body of citizens as we are. The needs of every citizen should be addressed and his or her life improved, with access to services facilitated.

I remember talking to someone in a wheelchair recently who said she loved the theatre but could not get there. Taxis for the disabled, while they exist, do not come as often as they should when one calls. One must make bookings weeks in advance, and it is all very difficult for people who are already labouring under disabilities. It is difficult for them to get their due, what we would all regard as daily life, such as a chance to visit the theatre in the evening or have a cup of coffee or glass of wine in a restaurant. I know that some restaurants and bars have been very good at making their buildings accessible. Why should they not do so? They are for paying customers.

Such examples should not be the exception, but the constant rule. I hope that life will improve for people with disabilities once this legislation has been passed. I very much regret that we were not able to achieve consensus across the board, although it existed up to a certain point before apparently breaking down. I hope that the amendments which the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Fahey, will introduce in this House will help bring more Members back on board. I welcome the Bill and hope it is enacted as quickly as possible and the services outlined provided. I repeat that it is changing mindsets that is important, and one cannot legislate to do that.