Seanad debates

Wednesday, 15 June 2005

Disability Bill 2004: Committee Stage (Resumed).

 

11:00 am

Photo of David NorrisDavid Norris (Independent)

I support Senator O'Meara. This is an important point. It is instructive, interesting and perhaps indicative that Senator Kett has found himself in large measure in agreement. Perhaps this indicates the Government may be prepared to look again at the issue. While it is useful that people can challenge on the basis that procedures were not fully followed, the contents of the assessment are the core of the entire matter.

I wish to raise a parallel issue, one where the issue of the contents of an assessment might be raised, but which has not been dealt with satisfactorily. I refer to the inclusion of people with multiple sclerosis in the definition of disability. Such people might seek an assessment but they would in many cases want to challenge an assessment, multiple sclerosis being a particular kind of disease from which there can be periods of remission.

The exclusion of people with multiple sclerosis from the definition of disability, which seems quite deliberate on the part of the Government, is greatly worrying and will lead to circumstances where they will almost invariably want to challenge the contents of the assessment. I put it to the Minister of State that the United Kingdom in its legislation had a very similar definition which excluded multiple sclerosis, but it had to change it. In other words, it changed legislation similar to that we are now introducing. In any case, we will probably have to change this legislation eventually as a result of pressure and the public highlighting of the issue.

The Multiple Sclerosis Society of Ireland wrote to the Minister asking for this disease to be included in the definition of disability but it has not received a reply — perhaps I should say the society wrote to the Department as I do not know the Minister has seen this correspondence and do not want to antagonise him by suggesting that. For that reason, I intend to put down an amendment on Report Stage to include multiple sclerosis in the definition of disability.

I understand I am wandering slightly but this issue is clearly related to the amendment, which I strongly support.

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