Finian McGrath (Dublin Bay North, Independent) | Oireachtas source

I thank Senator Conway-Walsh for raising this important issue. I am well aware of her strong support for all people with disabilities. As the new Minister of State with responsibility for disability, I appreciate any support from all the parties because there are times when one must really fight to demand services and also fight for the rights of people with disabilities. I thank the Senator for her support.

My colleague, the Minister for Finance, operates a tax relief scheme for the purchase of adapted vehicles for disabled drivers and disabled passengers. He is also responsible for setting the eligibility criteria for this scheme. The disabled drivers and disabled passengers tax concession scheme, to give its full name, provides relief from VAT and VRT up to a certain limit on the purchase of an adapted car for the transport of a person with specific severe and permanent physical disabilities, payment of a fuel grant, an exemption from motor tax, and an exemption from toll bridge charges. To qualify for the scheme an applicant must he in possession of a primary medical certificate. To qualify for that certificate an applicant must be permanently and severely disabled within the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 and satisfy a range of conditions. The extent of the involvement of health personnel relates to making a professional clinical determination as to whether an individual applicant satisfies the medical criteria. This determination is undertaken by senior medical officers for the relevant local HSE administrative area on behalf of the Department of Finance and the Revenue Commissioners. However, these HSE personnel have no role in setting or amending the criteria. That is the kernel of the issue.

A successful applicant is provided with a primary medical certificate which is required under the regulations to claim the reliefs provided for in the scheme. An unsuccessful applicant can appeal the HSE senior medical officer’s decision to the disabled drivers medical board of appeal, which is under the auspices of the Minister for Finance. The appeals board makes a new clinical determination in respect of the individual. This medical board of appeal is independent in the exercise of its functions to ensure the integrity of its clinical determinations. That is an important point.As Minister of State with responsibility for people with disabilities, I can have no role to play in the exercise of these functions. I have been informed by the Department of Finance that the criteria to qualify for the scheme are necessarily precise and specific. After six months a citizen may reapply if there is a deterioration in her or his condition. It should also be noted that the scheme represents a significant tax expenditure, with a cost of over €50 million to the Exchequer in 2015, up from over €48 million in 2014. We have to keep our eye on that. There are other people with another agenda in respect of that €50 million.

The Minister for Finance has informed me that he recognises the important role the scheme plays in expanding the mobility of citizens with disabilities. He has managed to maintain the relief at current levels throughout the economic crisis, despite the requirement for significant fiscal consolidation. He has also informed me that from time to time he receives representations from individuals who feel they would benefit from the scheme, but who do not qualify under the six criteria. While he has sympathy for these cases, given the scale and scope of the scheme, he has no plans to expand the medical criteria beyond the six currently provided for.

I am pleased to inform the Senator that the programme for partnership Government acknowledges the ongoing drafting of primary legislation for a new transport support scheme by the Department of Health. Work on the policy proposals in this regard is at an advanced stage and I anticipate this will be brought to Government shortly.