Seanad debates

Wednesday, 15 June 2005

Disability Bill 2004: Committee Stage (Resumed).

 

12:00 pm

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

I assure the Senators there will be a change in attitude within public bodies. Whether it is called disability proofing or something else, the legislation for the first time places a significant obligation on all public bodies to provide accessibility for people with disabilities. The obligation will cost the State a considerable amount over the next ten years and that is the reason it has only been placed on public bodies. For instance, the Department of Arts, Sport and Tourism is not listed among the six Departments under this section because a private sector theatre cannot be compelled to comply with the legislation similar to public bodies, even though the theatre is subject to equality legislation and the building regulations.

Under the legislation, all public bodies, including Departments and their agencies, will be compelled to provide for accessibility. An appeals procedure involving the Ombudsman is provided for where such bodies do not comply with their obligations. While a number of representatives of the disability sector and the DLCG still have concerns, I am satisfied attitudes will change. I have taken on board the comments of these representatives who say when they visit Departments, the attitude of a number of civil servants is that they cannot carry this heavy burden. There is an obligation on public bodies under the legislation to change that attitude.

The proof of the pudding is in the eating. Hopefully, the Bill will be enacted next week but we will have to wait to see how the change will take place in the mindset of public servants. How the change occurs and how much money will be allocated to provide for accessibility will be important in the coming months and years. The response to organisations such as the DFI when they approach the Secretary General of a Department and ask him or her to outline what the Department is doing in this regard will also be important.

A review is provided for in the legislation so that there can be accountability regarding what was done in the previous year. I have listened carefully to the DLCG and the DFI, in particular, regarding this issue and I am satisfied I have put in place important strictures on performance by Departments and agencies. We will have to wait to see how the implementation goes and if it does not go in accordance with the Government's wishes, we will have to revisit the issue.

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