Frank Fahey (Galway West, Fianna Fail)

There is no doubt the proposed amendment may render inapplicable the positive duties on bodies under the Act and replace them with limited provisions under section 4 of the Equal Status Act 2000, which deal with reasonable accommodation and nominal cost. Some people expressed concern about the impact the Disability Bill could have on the obligations placed on public bodies under the Equal Status Acts. They believe these obligations could be diluted by allowing these bodies to seek exemption under section 14 of the Acts.

Section 14 of the Equal Status Acts reads as follows:

Nothing in this Act shall be construed as prohibiting—

(a) the taking of any action that is required by or under—

(i) any enactment or order of a court,

All I can do is assure Senator Terry that there is no basis for the concern she expressed. The Equal Status Act prohibits discrimination on the grounds of disability among other grounds. The Disability Bill imposes further duties on public bodies, requiring that they take a range of positive actions, particularly in regard to buildings and services, which must be made accessible within the timeframe specified.