Seanad debates

Tuesday, 14 June 2005

Disability Bill 2004: Committee Stage.

 

1:00 pm

Photo of Frank FaheyFrank Fahey (Galway West, Fianna Fail)

We responded to the call for flexibility by stating in the section, "not later than five years from the commencement of the legislation". The review, therefore, could start within three years. The intention is that whenever the review commences, it will be completed within five years. Three years is a short time, given that it will take time for the legislation to bed in. Comprehensive consultations have been held regarding the Bill, which has taken many years to draft. Given that we have provided for a review to take place not later than five years from the commencement of the legislation, the purpose of amendment No. 9 is adequately addressed.

Amendment No. 8 is technical and provides for the insertion of the section in Part 1, where it is more appropriate. The Opposition amendment would also require that the definition of "disability" be highlighted for attention; copies of the review should be laid before both Houses of the Oireachtas; the review should involved consultation with the relevant bodies; and the outcome of the review should be subject to an affirmative resolution of each House. By amending the legislation to require a review, I have taken a significant step. The Bill is the result of extensive consultation and review and there is no need to highlight a specific provision for review because the review will cover all provisions. Equally, it is not necessary to consult various bodies because this happens as a matter of course.

The discussions, which formed an extensive part of the preparation and amendment of the legislation with the DLCG, represent significant consultation. It is not necessary to specify such detail in the legislation. The disability sector is highly organised and professional in its approach and there is no danger it will fail to be involved in a review. I have offered the DLCG the option to remain in place so that the implementation of the legislation can be approached on a partnership basis. The roll-out of regulations and the setting of standards will be topics of continuing discussion between the disability sector and the Government. That is what I want and I am glad the DLCG has accepted the offer to continue to represent the sector, although we have lost one or two organisations. I have adequately addressed the amendments tabled by Senator Terry and it is not necessary to be as prescriptive as she has requested.

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