Michael Finucane (Fine Gael)

This legislation has been in the pipeline since 2001. The original Bill was dropped, and it was supposed to be modified in the context of new legislation. There have been acres of documentation in that regard, and issues have been reported in detail.

I am disappointed that the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Fahey, is not here today. I sat through the discussion yesterday. I understand that he is in Galway with the Tánaiste and Minister for Health and Children, Deputy Harney. It surprises me that on a Dáil and Seanad sitting day he could not attend the House. Perhaps someone might clarify if I have my facts right on that matter. The Minister of State, Deputy Seán Power, is very welcome, since he was also here last night and has become very familiar to this House.

I would like to put this legislation in context in a manner that resonates with the matter under discussion. A letter was written by a father to his 11 year old son when this legislation first appeared. Although I have changed the name of the son for obvious reasons, I will read out the letter, which is touching. This was received by my colleague, Deputy Stanton. It states:

Dear Mark,

I am writing this letter into the unknown. I know you will never be able to read or understand it, yet it seems like the only thing I can do just now. I lay you in your cot every night, not daring to think of tomorrow, of our future, of your future.

But tonight it is different. I have just been at a meeting on the new Disability Bill, and I am troubled more than I have been for a long time, yet you still make me smile, as you have done, through dark days and bright since you were born 11 years ago. Thank you for that.

I am truly at a loss as to why they won't listen. How is it that you scare them so much? Sure, you can't walk or talk and you look funny and I know it is hard for them to see you through the distractions of what to them is not "normal". But that's no excuse. We have been trying to show them for years that you are all there, a whole person — different, but nonetheless a whole person — just like them.

A few years ago they — the Government — sought to introduce a Disability Bill. It was withdrawn, because it did not recognise you for the citizen you are. The Government reacted, and for nearly two years a consultation process ensued. There was hope, they were going to listen to us, they were going to recognise that you have the right to services to access your basic human rights. I am not talking about an annual holiday to Lourdes, no, but rather the security that the State would, as it does for all other citizens, do what was necessary to allow you to live out a basic existence, free from fear of being exploited — or worse — ignored, because the money was needed for some other requirement of the State.

Tonight, Mark, I learned that they have not listened. I felt the slap in my face as real as if the hand that delivered it was there. I despair. How can we leave you to these people when our time is gone? I have been in the residential units of your future. They exist today but a few miles from our house, grown adults confined to quarters built for children, nothing to do all day, except to go slowly mad.

We thought that this Bill would cure all that, but no, more of this crazy fear that you will bankrupt the State. Poor Mark, if you only knew what a threat you are. Your life is not to be facilitated without been shackled to "the availability of resources" or the grey notion of practicability. We were not looking for money. We were looking for security. We were not looking for everything now. We knew that it would take time. A slap in the face, that's what we got. This Bill, supposedly the best thing to happen for people with disabilities since the foundation of the State, is 80% to do with the State running away and the balance a flawed attempt to give a little something.

Mark, I know you can't be angry, nor can you despair; you don't know how, but I do — I do, I am terrified that you will end up in a state of fear like so many before you.

Sleep well, my little man. Tomorrow we will try again.

Your Dad.

That letter puts this debate into context for me. When we introduce legislation, it is a pity that we do not frame it in plain English so that people out there can understand what we mean. A legal expert stated that it is possibly one of the most convoluted, turgid, incomprehensible pieces of legislation the expert had ever read, and that its complexity was intentional and avoidable. If senior legal people find it difficult, how would ordinary people interpret legislation like this?

When the Taoiseach launched this Bill on 21 September 2004, he stated that the Government was setting it out in law and in a way no other country had done. The disability groups agreed 100% with his statement. The Government is setting it in a way no other country has done because no other country would put forward such a callous piece of legislation. To describe it as callous may be a bit strong, as I have listened to much of the debate and the Minister of State accepted a number of amendments when it went through the Dáil. However, Committee Stage of the Bill was guillotined with 100 amendments remaining to be considered. I compliment my colleague, Deputy Stanton, who has majored in the disability area. I have met disability groups and they recognise him for the massive contribution he has made, having listened to their experiences.

My concern with this legislation is that we will create more layers of bureaucracy. The Health Service Executive is already straining with such bureaucracy. Following the abolition of the health boards, there are still people within these boards because they are guaranteed the right to a job, yet the HSE is expanding. The financial resources of the health services are considerable, but we will finish up with hundreds of extra employees, including assessment officers, liaison officers, complaints officers and appeals officers. Will we still have the finances needed to give rights to people with disabilities, which was the original concept of this legislation? Senator O'Rourke stated earlier that it is impossible for a State to give total rights due to costs to the State. My concern is that the Exchequer will baulk when it comes to implementing this legislation.

It is such a pity that so many disability organisations are still disappointed. I can remember when the target of a 3% quota was set a few years ago. It did not appear to be a binding quota. At the time, I was a member of the Mid-Western Health Board. I had an argument with the human resources manager of that health board on not achieving this target. If the Minister of State carried out an exercise in the health services around Ireland, he would be bitterly disappointed with the level of achievement of the different divisions. They would be quick to give work experience and temporary jobs, but not a real permanent job. The human resources manager told me they had to consider all people equally when they apply for a job. However, there is a conditioning factor when someone is going for a job. The structure of the building is important; whether it is wheelchair adaptable, whether we have all the facilities and whether there is a serious commitment to give a disabled person a fair crack of the whip. I do not believe such a person gets a fair crack of the whip.

When I compared the health board with Limerick County Council, I found that the council had exceeded the target. This Bill mentions this target of 3% and how it should be exceeded. A firm target must be set and the bodies involved should be told that they had better achieve it. This nonsense goes back to the time when former Deputy Spring was in Government and the quota was introduced for the first time. If we try to do something similar, we will give true recognition to people with disabilities, with the right to a permanent job in the workplace.

Senator O'Rourke referred to centres for independent living. We have one in Newcastlewest and I am absolutely thrilled with the work it does and what it achieves. We need an expansion of that because it is a necessary and complete service. I could talk about the attitude in our councils to the disabled person's grant, the lack of funding, the difficulties in getting wheelchairs through HSE buildings around Ireland and other basic issues. We can no longer get the finance to do that from many of the HSE areas due to lack of funds. Unless we are serious about providing finance, we will finish up with an unwieldy bureaucracy and little funding for the people that count in this legislation.