Joanna Tuffy (Labour)

I would like this issue reviewed because we cannot debate this Bill properly. Many of my amendments raise fundamental issues, including an issue raised with me by the Disability Federation of Ireland which the Taoiseach is, supposedly, considering, but I cannot put that amendment in the House because it has been disallowed.

The amendment disallowed in this section removes the word "substantial" to leave just the word "restriction". It is a matter of interpretation as to whether that puts an extra charge on the State. Somewhere else an amendment changes the definition from "intellectual impairment" to "mental health or learning disability". Does that put an extra charge on the State? The question arises as to whether the Government is acting in good faith on this legislation when it is so cautious that amendments that are just a matter of degree or interpretation are disallowed as involving a charge on the State.

I have not had the opportunity to examine all those amendments disallowed but after a brief look through my other amendments, I question the decision to disallow them. While this issue has been raised previously, it should be reviewed because it puts in question the role of the Seanad when something as important as the Disability Bill arises and we are stifled in terms of debating core fundamental issues that were raised in the Dáil, for example, the issues of resources, disability proofing and the definition of disability. We cannot define a word or define the concept of disability in case it puts a charge on the State. That is outrageous and ridiculous. It questions the role of the Seanad.

I hope the Leader will take on board the suggestion that we should examine this issue. We should consider whether within the Constitution and current legislation there is some way we can soften this rule. If that is not possible, the issue should be looked at under Seanad reform. The reason we suggested the definition in our amendment is because we looked at the definition in the Education for Persons with Special Educational Needs Act and felt it would be more appropriate in this Bill.