Éamon Ó Cuív (Galway West, Fianna Fail)

It will be done by the Department. I have asked the Joint Committee on Social Protection to invite the chief medical officer of the Department, who is an expert on occupational medicine, to come before it to explain in detail how the medical assessment is carried out. Senator McFadden should note, however, that the Department already makes a fine call when deciding whether an applicant is entitled to invalidity pension on medical grounds. Its decision is based not on the applicant's condition but on his or her ability to work.

Senators will have encountered cases of people being refused invalidity pension and disability allowance on the basis that while their disability or invalidity is recognised, questions arise as to whether it is such that they are deemed unfit for work. Members have made submissions on decisions to refuse invalidity and illness benefit claims. Given that doctors who certify an applicant focus on the medical condition, applicants are often outraged when a payment is declined. This is based, however, on a misreading of the law. The legislation does not provide that the condition is the overriding factor. Instead, the issue is whether the condition prevents a person from working. To give a notable example, a Member of this House who has a severe disability is fully able to function. However, he would not be able to work as a road worker or plasterer.

The proposal refines the current position by allowing people to continue to receive a full invalidity payment, if they so wish. Those who wish to work will be allowed to work, depending on their capacity to work, and receive the full dependent adult allowance, full child dependant allowance and a proportion of the personal payment. Persons in such circumstances will be allowed to work not for one or two years but for as long as they wish, subject to periodic medical assessment to ensure they have not been miraculously cured. This novel and improved approach needs to be tried.

When I explain the proposal to people who have had exemptions they tell me the new mechanism is brilliant and will solve their problem as they will no longer be constrained by the 30 hour requirement or the level of income they earn. Even if the payment amounts to only half of the personal rate, they will be free to work without questions being asked. We should give the new system a chance.

As far as I can ascertain, this approach is being adopted by other European countries. From my dealings with the chief medical officer, I believe the Department has carefully examined how the proposal will work in practice. It will work well and improve the circumstances of a significant number of individuals. The legislation must be passed to allow me to pursue this option.

Senators should note that the proposal will not prevent a person from receiving a one year exemption under the rehabilitative model - that provision remains - nor does it force anyone to avail of the new mechanism. It provides an additional choice and does not involve any compulsion. When I spoke about this matter previously someone alleged compulsion would be involved. This is an extra weapon in our armoury and it is one that does not involve any compulsion.

As I stated, having been somewhat sceptical about the proposal when I was appointed Minister, I have become an enthusiastic proponent of this model and have driven it as quickly as possible. It is the beginning of a much better way of doing our business for those with disabilities under social welfare legislation.