Frank Fahey (Galway West, Fianna Fail)

In response to the concerns of some parties, I am examining the definition of genetic testing under section 41 to clarify that it captures the proper spectrum of testing procedures which may apply to people affected by genetic disorders. If necessary, I may seek to introduce some minor technical amendments in this regard on Report Stage.

No matter what one does in respect of legislation, it is all about attitudes and awareness with regard to the employment of people with disabilities. Section 47(3) allows Ministers to make orders specifying compliance targets in respect of the recruitment and employment of people with disabilities. Where no orders are made, a target of not less than 3% will apply under subsection (4). The Bill already provides that a Minister can make an order setting compliance targets above 3%. There is a large range of public bodies of differing sizes and different operational requirements involved in the public sector. Experience points to the need to implement support measures which take account of the reality of how different public bodies operate. That is why Part 5 establishes an approach which will allow closer monitoring and reporting. The provisions also allow for a new focus on recruitment.

This approach derives from a search conducted in regard to the existing system which pointed to the need to monitor more clearly measurable elements, such as recruitment levels. Overall monitoring through the National Disability Authority will facilitate the ongoing review of progress. Therefore, I believe the objectives contained in the amendment seeking to enhance supports in public service employment are already sufficiently provided for in Part 5.

I amended this section of the Bill in the Dáil so that Departments would be required to take on, for training and work experience programmes, people with disabilities over and above the target of 3%. I was anxious to increase the target, but when I looked at the practical implications, especially for smaller State agencies and Departments, the reality of having a target level above 3% could be quite difficult. The flexibility that is now provided in requiring Departments to give work experience and training opportunities to people with disabilities is a better system.

The necessity for reporting is covered by the dedicated monitoring provisions in the Bill in which the NDA has a critical role. I am confident we will see the benefits of these provisions in the coming years. It would make no sense to report of possibilities of increasing targets directly after passing the Disability Act before the new arrangements and structures are put in place to support progress.

Senators should bear in mind that the National Disability Authority Act is also being amended, pursuant to section 52, by the insertion of a new subsection (6) in section 15 of that Act. This will require the NDA to report annually in respect of progress in achieving the target and this report will be laid before both Houses of the Oireachtas. When one considers that Act together with this legislation, and in addition to the amendment which I made in the Dáil, we have adequately covered our requirements and objectives with regard to employment of people with disabilities.