Seanad debates

Wednesday, 19 June 2019

Community Participation (Disability) (Miscellaneous Provisions) Bill 2019: Second Stage

 

10:30 am

Photo of Fintan WarfieldFintan Warfield (Sinn Fein) | Oireachtas source

I thank the Acting Chairman. I commend the Civic Engagement Group for leading on this Bill, particularly Senator Dolan who always champions the rights of people with disabilities in these Houses. The State ratified the UN Convention on the Rights of Persons with Disabilities in March 2018. This provides a framework for signatory states to deliver rights and empowerment to people with different ability. This Bill aims to advance the work of the convention in delivering rights, particular from the points of view of accessibility and inclusivity, in both the public and private sector. This is vitally important for many reasons but at its core is the message that we value our citizens with disabilities, take their needs extremely seriously, and acknowledge that we all have something to gain from the delivery of rights and empowerment for people with differing abilities. All of our society will reap the rewards and will profit from the inclusion of as many people as possible.

The first area the Bill addresses is that of inclusive playgrounds. If it is passed, as I hope it will be, local authorities will be legally required to apply principles of universal design. This concept aims to create inclusive environments that are accessible to as many people as possible. Many environments are currently not inclusive for families as they still not accessible for children with disabilities. We have even seen scenarios in which private corporations have been relied upon to sponsor disability-friendly playgrounds. That is not sufficient and it is definitely not sustainable. Local authorities should be equipped to deliver these essential amenities.

The Bill also addresses issues with bus accessibility. I recall that when the BusConnects proposal was first floated, I had conversations with Senator Dolan about the needs of people with disabilities being left behind. Under this new legislation, when local authorities are granting, amending, or renewing a licence to a private bus operator on a public route, they will be obliged to ensure that operator will meet the same accessibility standards as a public operator. This means that a private operator must either maintain or enhance accessibility for transport users but cannot diminish it. Currently, private transport providers can be given a contract to operate bus routes but do not have to meet the same accessibility standards as public providers. The private sector cannot be left off the hook in terms of accessibility and inclusivity. No route should be privatised in the first place but, as it is happening anyway, private operators must be required to meet or exceed the standards of public operators.

Sadly, we cannot even say that the public sector is the gold standard. The issue of the bus fleet in Waterford has been consistently flagged by Sinn Féin. A new bus fleet introduced in December has proven to be less accessible than the one taken out of service, which was ten years younger. This situation is incomprehensible. It was raised at the Joint Committee on Transport, Tourism and Sport last July and has been raised in the Seanad, in the Dáil through parliamentary questions and Questions on Promised Legislation, and in the media. Mr. Hugh Creegan, CEO of the NTA, indicated in a recent response to Deputy McDonald that a pilot programme would be undertaken in conjunction with the Irish Wheelchair Association to investigate what changes, if any, have been made. Where is that pilot? Has any progress been made? We have a situation in Waterford now where older private transport is more accessible that brand new public transport. Surely we have moved on from such bad policy decisions.

The third main provision of the Bill relates to personal advocacy, which gives a voice to people who ordinarily would not have one. Advocacy provides autonomy and empowerment and assists in independent living. It affords individuals the ability to make decisions for themselves. This Bill will empower a disabled person's personal advocate to be his or her legal voice when seeking social supports and services. This is a big step in terms of respecting the autonomy of persons with disabilities.

Finally, this Bill deals with accessible change facilities. It will legally require public buildings which are newly built or undergoing material alterations to provide fully accessible changing facilities. Current facilities in many public settings, including even accessible toilets, are not adequate to meet the changing or, in some cases, sanitary needs of families. Toilets need to become changing places where dignity and respect can be afforded. This provision within the Bill allows for this.

These changes, if enacted, would make a serious difference to the lives of many of our citizens. However, it should be noted that better inclusion would make a positive difference for everybody. We have so much to gain from proper inclusion of people with disabilities, if only we can structure society to be more accessible to them. This Bill is a good example of a cross-party initiative and of a cross-party group working together to deliver and afford rights. I am proud that the colleague on whose behalf I am speaking, Senator Devine, co-signed the Bill. The Government has much more to do on disability issues in general and I hope it will support initiatives such as this legislation to ensure that action happens. I again thank the Acting Chairman for allowing me to contribute.

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