Seanad debates
Thursday, 2 June 2005
Disability Bill 2004: Second Stage (Resumed).
1:00 pm
Cyprian Brady (Fianna Fail)
I welcome the Minister of State to the House. I also welcome this opportunity to speak on the Bill.
We must acknowledge that successes have been achieved in this area following inadequate investment, care and attention being given to it over many years. There is a genuine fear among the disabled community and their families that access by them to adequate treatment and resources is not and will not be available to them. We must acknowledge that at the outset. We must recognise that every disabled person, irrespective of his or her age, means or circumstances, should be able to expect and receive the best care, treatment and access to services that we are in a position to provide. Working closely with the various representative groups, federations, the statutory agencies such as the National Disability Authority and the Departments of Health and Children, Education and Science, Justice, Equality and Law Reform and Social and Family Affairs, the Bill will enable us as legislators to deliver on the vast majority of those expectations. Major progress has been made in this area in recent times, which is accepted by many of the representative groups and organisations. I refer to the simple provision of adequate access by the disabled to buses and taxis and various recent initiatives such as the provision of centres for independent living. These initiatives can only be considered to be progress.
The Bill will enshrine in legislation a disabled person's ability to expect to gain access to a public building without hassle. Senator Kitt gave us an insight into the sheer frustration experienced by disabled people in trying to gain access through a door that is too narrow to accommodate a wheelchair. We must address such issues. People with disabilities should be able to talk to a properly trained and understanding member of staff when they interact with a public body or they should be able to access information, whether written, oral or electronic, provided by that body.
The Bill takes the responsibilities and duties of Ministers and their Departments to new levels with the onus on them to have sectoral plans drawn up in consultation with the representative bodies. A key aspect is that the plans are open to public scrutiny. The constant monitoring and an appropriate complaints procedure will ensure that they will be delivered and that the co-operation and co-ordination between Departments, as set out in the Bill, will take place. That has been a problem up to now. The idea of joined-up Government is evident in this legislation.
I welcome the appointment of an inquiry officer to oversee the complaints procedure and the linking of these procedures with the legislation covering the Ombudsman's office. This is another key element of the Bill and it gives a disabled person the same rights as anyone else to bring a complaint to a forum where he or she can be assured a fair hearing and that action will be taken, as would be the case with anyone else in the community. Senator Maurice Hayes referred to the issue of normalisation. This is another key aspect of the Bill which will lead to achieving that.
The sections in Part 4 dealing with genetic testing underpins a disabled person's rights under the Data Protection Acts and the financial services regulations when being considered for a financial or insurance transaction. They also ensure a disabled person's dignity and that of his or her family is upheld in these transations. Able-bodied people take this for granted.
In the area of public service employment, there are welcome changes in the obligations on Departments and other public bodies to ensure the continued highlighting of the valuable contribution made by the disabled community in all areas. However, I encourage the Minister of State to ensure that all targets are at least reached, if not over-achieved, and all possible assistance, whether financial or otherwise, is given to all Departments and bodies to implement the procedures set down in the Bill.
The provision of written reports on a yearly basis should ensure widespread compliance. Senator Kitt referred to adequate training, ongoing assessment of how staff deal with disabled members of staff and how that interaction takes place. That is an important point. I encourage the Minister of State to ensure that all the criteria set out in Part 5 are vigorously enforced. I particularly welcome the proposed changes in the training and education of able-bodied employees in sections and Departments, which is crucial. I have experience in the Civil Service of working with disabled people. Able-bodied people tend not so much to have a difficulty with that but they interact with disabled people in a different way. The more we train and educate people on these issues, the less that aspect will be a factor.
An interesting innovation in the Bill is the section dealing with a centre for excellence in universal design. It is an excellent, fresh and forward-looking idea in this area. It will prove in the long run to be a highlight of this legislation. The word "universal" in the title of the provision gives the impression that any advances in design or technology will not only benefit the disabled community but also the wider community, particularly in the areas of information technology and telecommunications but also in the areas of education and training. In this regard the Bill will further the integration process by direct linkages into vocational and existing third level institutions, which is crucial. It will give disabled people an opportunity to live normal, fulfilled lives. That is the thrust of what we wish to achieve in this debate.
Section 54 deals with the area of broadcasting in which I have been involved. It encourages broadcasters by amending the Broadcasting Act to take deaf and blind people into account at all, not only certain, times. I compliment RTE in this respect. In recent times it has improved the service it provides with the provision of subtitling and so on, but there is always room for improvement. We can imagine the frustration a disabled person may experience in looking at a television programme and having to get someone to translate what is said when the technology to provide for that exists. That section also enhances the Bill.
I have studied the Bill in detail and it is well thought out and balanced. I congratulate the Minister of State, Deputy Fahey, and his predecessors on the method of consultation in which they engaged, the time and effort they put into talking and listening to the various groups and individuals and in their attempts to encompass as many of the various different areas as they possibly could in the legislation. That comes across in the Bill. It represents a good attempt to support and reinforce equality for disabled people in our society. As Senator Kitt pointed out, after 30 years of slow painful progress, at last we have reached a point where an honest attempt is being made in long and detailed consultation with the representative bodies to give disabled people of every age and circumstances the ability and opportunity to participate in society on a basis of equality and non-discrimination.
If there were two words to sum up the Bill they would be "integrity" and "non-discriminatory". That is the thrust of it. We have had a similar debate on previous legislation. However, the Bill has reached a stage, after a great deal of consultation, where it addresses many of the concerns and expectations put forward to us. I commend the Minister of State on it and I wish it well.
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