Lynn Ruane (Independent) | Oireachtas source

I welcome the Minister of State to the House and thank the Leader for his assistance in facilitating the request from Senator Dolan and myself to mark International Day of Persons with Disabilities in the Seanad. Senator Dolan asked me to convey his apologies for being unable to attend the debate. We have worked closely together on this issue and I remind colleagues of the important legislation he has presented to the House. Will the Minister of State indicate whether he has made any progress in considering those proposals before we proceed to Committee Stage?

This is a day to celebrate people with disabilities. However, in doing so, we must also reflect on the many barriers society places to their well-being and active participation. It is a source of significant disappointment that despite clear communication by the disability community of its requirements, budget 2020 did not deliver any of the shared ambitions expressed. The statistics illustrate starkly that the recession continues for people with disabilities. Some 24% of adults with a disability live in consistent poverty, compared with 11% in 2011. Disabled people in Ireland are four times less likely to be employed than those without a disability. Just 31% of working-age people with a disability are at work, compared with 71% of the general population. People with disabilities who are capable of living independent lives are trapped in their homes, residential homes or nursing homes due to a lack of personal assistance services and home supports. More than 1,400 are living in nursing homes, many of whom could live independently with the right supports. In other cases, parents are providing unsustainable support into their 70s, 80s and beyond. In a small recent sample of just 18 organisations, 183 people were reported to be living with a carer aged over 80.

There is an unprecedented crisis in disability services, with many struggling to maintain existing service levels. The sector is struggling with a €40 million shortfall in funding due to austerity cuts that have not been reversed, the additional costs of compliance and regulation, an ageing infrastructure, and general inflationary cost increases as the economy continues to grow without an equivalent increase in State funding for the services provided.In addition, there is a growing level of unmet need, which calls into question the value the State places on services and, more important, how it prioritises the rights of people who need such services. Insufficient money is being spent to support people to live independently in their community. Only 0.3% of people with disabilities receive a personal assistance service under the HSE service plan. As far back as 1996, it was identified that an average of ten hours of personal assistance per person per week could only respond to essential personal care needs and not quality of life requirements. Certainly, it would not enable full participation in the community. There is no current legal right to personal assistance in Ireland. However, on 19 November, a motion on the right to a personal assistant unanimously passed in the Dáil. We can build on it in 2020.

There remain significant obstacles and barriers in everyday life for people with a disability. Daily, people struggle to access vital healthcare, housing, education and supports. Figures show that one in four people with a disability lives in consistent poverty.

Many of the issues I have raised are not in line with the UNCRPD, which Ireland ratified in 2018. It is important that the State provides leadership and takes measures to address these issues, whether through budgetary measures, legislative reforms, the implementation of proactive policy initiatives and programmes or all of the foregoing. The important role played by Ireland internationally in supporting disability rights should be noted, as should the importance of campaigns such as the "Put us in the Picture" campaign run by Sightsavers Ireland. These have led to disability rights being a central focus of Ireland's overseas aid contribution and coincided with the refresh of Government's international development policy, A Better World. It is vital that this approach be maintained, given that 80% of the estimated 1 billion people with disabilities throughout the world live in low or middle income countries. We should be proud of the State's foreign policy in this area.

Among the main areas that need to be addressed to meet our obligations under the UNCRPD and the NDIS is that people with disabilities have an equal right to live in the community with choices equal to others, as outlined in Article 19 of the convention. The State must take effective and appropriate measures to facilitate this right and the full inclusion and participation of people with disabilities in their community. The public sector equality and human rights duty imposes a statutory obligation on public bodies to have regard to the need to eliminate discrimination, promote equality of opportunity and treatment, and protect human rights. Furthermore, Article 5 of the UNCRPD requires states parties to take appropriate steps to ensure reasonable accommodation is provided to promote equality and eliminate discrimination. As per Article 9 of the UNCRPD, states parties to the convention to ensure that people with disabilities have access on an equal basis with others to the physical environment, transportation, information and communications, including information and communication technologies and systems, and other facilities and services open or provided to the public in urban and rural communities.

The articles of the UNCRPD are interconnected; to realise one, the others must also be realised. As Departments respond to the obligations placed on them by the convention, they need to develop a cross-departmental focus. Although one Department may need to take the lead on delivering an action, collaboration from the outset on planning the service will be required for it to be effective. Cross-departmental collaboration will be required to fully implement the principles of the UNCRPD and bring them to fruition.

The theme of this important day is the promotion of the participation of persons with disabilities and the development of their leadership, acting on the 2030 development agenda. It calls for the empowerment of persons with disabilities regarding the decisions that affect them, which is key in the Irish context. I was, therefore, concerned to learn yesterday that the National Platform of Self Advocates will close in January due to a lack of funding. It is exactly the sort of organisation we need to align with the theme of this International Day of Persons with Disabilities. What actions can be taken to support such groups in the future?

What progress has been made towards ratifying the optional protocol to the UNCRPD, which allows for individuals to lodge complaints against Ireland with the UN? It is needed to give teeth to this conversation. What is the status of the only disability legislation brought forward by the Government, namely, the Disability (Miscellaneous Provisions) Bill 2016? It has been before the Dáil for three years but has progressed no further than Committee Stage. On a day such as today, we need to reflect on the progress we have achieved for people with disabilities over the past year. I ask the Minister of State to update the House on my queries on the Government's plan to further address issues affecting people with disabilities.