Frank Fahey (Galway West, Fianna Fail)

I thank Members for the lively and interesting contributions they made to the debate on this important Bill. In particular, I thank the Opposition spokespersons who, as has been stated, put an enormous amount of work into this legislation. The legislation was complex and without having the significant backup which I enjoy as Minister of State, each of the Opposition spokespersons did an exceptionally good job. I thank them for the positive contribution they made to the Bill's improvement. I also thank Members on the Government side who have in no small way contributed to the Bill, particularly Senator Kett, who, as Senator O'Rourke noted, is involved in this area and is knowledgeable about it.

I was glad to be able to make further Government amendments to the Bill and to accept some of the amendments put forward in this House and in the Dáil. Many changes were sought by the DLCG and we listened carefully to this group. While we were unable to agree to everything suggested by the group, we have tried to include as many of its requirements as possible.

I regret that we lost three members of the DLCG when the Bill reached Committee Stage in the Dáil but I thank them for their active involvement in and contribution to the process. In particular, I thank the remaining four groups of the DLCG and hope they will continue to work with the Government. They met the Tánaiste and Minister for Health and Children this morning and had a very positive meeting. They will have further meetings with the Tánaiste and Minister for Health and Children and the Minister for Finance. I intend to ensure dialogue continues so the rolling out of the regulations and standards will be the subject of ongoing discussions with the disability sector.

A number of changes are reflected in the Bill. The requirement that the liaison officer meet the applicant is a good change which reinforces the person-centred approach. Senator Terry tabled an amendment to insert a three-month timescale for completion into section 9 and I promised to consult the Parliamentary Counsel in regard to the regulation provisions in section 21. Section 21(a)(ii) allows for different periods for carrying out assessments and reviews in respect of different age groups and categories of disability. I have been assured this would adequately cover urgent cases which Senator Terry mentioned, particularly conditions warranting urgent response because of the age of the individual.

The amendment allowing for a complaint officer to specify timing of delivery of his or her actions will ensure the applicant will not have to go back to the end of the queue for assessments and services is an important one to which we agreed. The amendment requiring the report of the Health Service Executive to include additional information in regard to numbers receiving and awaiting assessments, numbers and profiles of applicants not receiving all their assessment needs and the requirement that the report be published annually is an important one which will enable a comprehensive analysis of areas of unmet need to inform future planning of services. I thank Senators for tabling that amendment.

Expanding the provisions in regard to the sectoral plan of the Department of Communications, Marine and Natural Resources is entirely appropriate. There is a requirement on the six sectoral plan Departments to produce a report on progress made in delivering the measures in their plans not later than once every three years and to lay the report before both Houses of the Oireachtas. The provisions of the Broadcasting Act 2001 have been further amended so that access rules would include auto description as a means of making audiovisual programmes accessible to persons who are blind and partially sighted. These changes enhance the provisions and the positive action focus which is central to the measures contained in the Bill.

Obviously, it was not possible to deliver all the changes sought by the DLCG but I can honestly say that I have learned much from the debates and consultations and many of the contributions are evident in the improved Bill. Without a doubt it is one of the most complex Bills which has ever come before the Oireachtas. It is cross-cutting legislation involving many Departments. The national disability strategy and the guarantee of additional funding for high-priority areas and services over the five-year multi-annual programme is a significant step towards achieving a better deal for people with disability. It is important not to look at the strategy in isolation but as a further progression of what has been achieved to date.

This is among the most advanced states in Europe in terms of anti-discrimination legislation. Our equality legislation covers disability among other grounds in regard to employment, vocational training and the provision of goods and services. We have structures in place to support the promotion and implementation of rights, namely, the Equality Tribunal and the Equality Authority. The National Disability Authority is active in supporting the development of standards in services and programmes for people with disability and related research.

Even where we have disagreed on proposed amendments, it has been clear that we agree on certain general principles. For example, I agree with Senator Terry on ensuring timely assessments for urgent cases. On the review of the operation of the Bill, we are of similar minds. On the definition of "disability", we have improved the Bill considerably from the way it was first published. On the essential point about the Disability Bill fulfilling a commitment to people with disability contained in An Agreed Programme for Government, in line with that commitment, it includes provisions for rights to assessment, appeals, provision and enforcement.

The Seanad contributed significantly to this Bill. It is good legislation but I suppose it is only as good as its implementation. I take this opportunity to thank the staff of my Department. In my 23 years in the Oireachtas I have not seen departmental staff work as diligently on any legislation given the necessity to incorporate the work of 11 Departments. I take this opportunity to thank all the staff and Ann Doyle, who is not here today, in the section of the Department who have contributed so significantly to this Bill.

As I said, the Bill is as good as its implementation. I have met many people with disability since I took over this job last September. I concur with the views expressed by Senators from all parties that resources will be the key factor in determining how successful this legislation will be. There is no doubt that there are serious gaps in resource provision for people with disability. I have come across a number of cases in the past eight months when I have met parents of young children with severe and profound disability who are not getting the services they desire. As a society we have no option but to provide the resources required so that we can meet the needs of those people. It is my wish that this Government will commit to provide the significant resources which will be required over and above what the Minister for Finance has provided in the multi-annual programme. The Minister for Finance's heart is in the right place and he proved that as Minister for Health and Children and again in the last budget.

Equally important, in terms of extra money, is the need for fundamental reform in the way in which disability provision happens. It grew up on an ad hoc basis and was provided by the churches and by voluntary bodies at a time when the State turned its head the other way. As a result, we now need to start with a clean slate. Significant restructuring of the way services are provided is needed. There is unbelievable waste in some sectors of disability provision. There is inappropriate placement. It costs €900,000 per annum to look after one person because of his challenging behaviour. That is not acceptable. There is a better way and we must find it.

The combination of changing structures, rationalisation and putting in place better service delivery so that we can cut out inappropriate expenditure is as important as the need to provide the significant extra resources required to fulfil the considerable requirements and obligations set out in this Bill. Having brought the Bill through both Houses of the Oireachtas, I hope we will see those resources being put in place sooner rather than later. I thank the Acting Chairman and his staff for the successful passage of the Bill.