Anne Rabbitte (Galway East, Fianna Fail) | Oireachtas source

I am pleased to have the opportunity to bring the Bill before the Seanad. The Bill will facilitate the transfer of specialist community-based disability services from the Minister for Health to the Minister for Children, Equality, Disability, Integration and Youth. Broader disability equality policy is already the responsibility of the Minister following the transfer from the Minister for Justice in late 2020. Following this transfer, responsibility for disability equality policy and specialist community-based disability services will be centralised in a single Department for the first time. The HSE will retain responsibility for delivering the services. The location of disability equality policy and specialist community-based disability services in a single Department will facilitate strategic policy development, including implementation of the United Nations Convention on the Rights of Persons with Disabilities, UNCRPD, which Ireland ratified in 2018, as well as the significant reforms envisioned under the transforming lives programme.

Under the convention, and following the transfer of the equality function, the Department of Children, Equality, Disability, Integration and Youth will be the national focal point and the co-ordination mechanism for implementation of the UNCRPD. The centralisation of the equality, health and social care dimensions of support for people with disabilities will facilitate the transition from a medical model of support towards a holistic, rights-based approach that supports people with disabilities to live autonomously.Reflecting this change in philosophy in disability policy and service delivery will be crucial for meeting Ireland's obligations under the UNCRPD. The transfer of these key responsibilities provides an opportunity to look anew and critically review how specialist community-based disability services are being delivered. It will allow us to examine how the service offering can be improved to facilitate greater flexibility, choice and control from the service user's perspective. After the transfer of policy responsibilities takes place, the governance arrangements for the transfer are that the HSE will retain service delivery responsibility and provide a framework for close co-operation between the Department of Health and the Department of Children, Equality, Disability, Integration and Youth. This will ensure that people with disabilities will continue to have access to integrated and mainstream health and personal social services. It will also ensure that specialist community-based disability services benefit from, and are in line with, ongoing reform efforts including under Sláintecare. As the HSE will continue to deliver the services, the transfer therefore requires it to report to two Ministers for different elements of its functions. The Bill seeks to put in place a legislative basis to enable this. I shall briefly summarise the main elements and key features of this legislation.

The Bill is comprised of five Parts over 65 sections. I will highlight a few of the more substantive provisions. Of course further specific detail on each section can be found in the explanatory memorandum that accompanies the Bill. In Part 1, sections 1 to 3 include standard provisions relating to the Title and the definition of Acts referred to in the Bill, and insert a definition of the "specialist community-based disability services functions" into the Health Act 2004.

Part 2 provides for amendments to the Health Act 2004 to ensure both Ministers have the requisite authority and accountability in respect of the HSE, in their respective areas of responsibility. Section 7 amends the 2004 Act to provide for the Minister for Children, Equality, Disability, Integration and Youth to have the power to issue general and specific written directions to the executive in respect of specialist community-based disability services. Section 8 amends the 2004 Act to provide for the Minister for Children, Equality, Disability, Integration and Youth to have powers in the setting of priorities for the executive's service plan in respect of its specialist community-based disability functions.

Section 12 amends the 2004 Act to provide for the accountability of the board to the Minister for Children, Equality, Disability, Integration and Youth in the performance of its specialist community-based disability functions. Section 16 amends the 2004 Act to provide for consultation with the Minister for Children, Equality, Disability, Integration and Youth in respect of the appointment of the CEO of the executive. Section 17 amends the 2004 Act to provide for the CEO of the HSE to assist and provide the Accounting Officer of the Department of Children, Equality, Disability, Integration and Youth with information in respect of the specialist community-based disability functions.

Section 21 amends the 2004 Act regarding the obligations on the executive to prepare and submit a corporate plan to both Ministers. Section 22 requires the laying of the corporate plan before the Oireachtas within 21 days of the plan being approved by both Ministers. Sections 23 and 24 amend the 2004 Act to provide for consultation between both Ministers in respect of the determination of maximum net non-capital expenditure that may be incurred by the executive for a financial year. Section 25 amends the 2004 Act regarding the obligation on the executive to prepare and submit a service plan to both Ministers for approval.

Section 29 amends the 2004 Act to provide the Minister for Children, Equality, Disability, Integration and Youth with the power to determine the capital funding in respect of specialist community-based disability services and for consultation between the Ministers regarding the determination of capital funding for the executive in a financial year. Section 33 amends the 2004 Act and provides the Minister for Children, Equality, Disability, Integration and Youth with the power to specify the information to be included in the executive's annual report in respect of specialist community-based disability services functions.

Part 3 provides for the revision of sectoral plans under the Disability Act 2005. The transfer of functions requires the sectoral plan that is currently under the responsibility of the Minister for Health to be divided between him and the Minister for Children, Equality, Disability, Integration and Youth to reflect the transfer of responsibilities between the two Ministers. Sections 49 to 51, inclusive, amend the Disability Act 2005 to provide for this.

Part 4 provides for the expansion of the powers of the Minister for Children, Equality, Disability, Integration and Youth in respect of investigations by the Health Information and Quality Authority, HIQA, under the Health Act 2007. Section 52 amends section 2 of the Health Act 2007 by the insertion of the definition of "specialist community-based disability functions". Section 53 amends section 9 of the Health Act 2007 to allow the Minister for Children, Equality, Disability, Integration and Youth to require HIQA to undertake an investigation in the context of specialist community-based disability services. Sections 54 to 58, inclusive, amend relevant sections of the Health Act 2007 to extend the power to make regulations to the Minister for Children, Equality, Disability, Integration and Youth in respect of those areas which are transferring.

In Part 5, section 59 provides for definitions that appear in Part 5, including "health and personal social services", "specialist community-based disability services" and "specialist community-based disability services functions". Section 60 provides for administrative co-operation between the Minister for Health and the Minister for Children, Equality, Disability, Integration and Youth to allow them to enter into arrangements which will facilitate administrative efficiency and co-operation, the avoidance of duplication of activities by the executive and the sharing of information relevant to the employment of persons. Section 61 provides for a review process to include an evaluation of the delivery of specialist community-based disability services to be carried out no later than three years after the commencement of this section. Sections 62 and 63 are quite technical sections relating to functions being deemed to have been valid in certain circumstances if, at the time of the performance or purported performance of the function, the relevant Minister believed that the function was vested in him or her by virtue of the amendments to the principal Act effected by this Bill. Section 64 provides for the determination of disputes in connection with the amendments in this Bill and the performance of functions in this Bill.

The purpose of this Bill is to allow the transfer of specialist community-based disability services to the Department of Children, Equality, Disability, Integration and Youth to take place. I believe this will be a positive step for the reasons I outlined earlier. I have focused on some key amendments today. There will, of course, be an opportunity to discuss all the amendments on Committee Stage. I look forward to any contributions.