Fintan Warfield (Sinn Fein) | Oireachtas source

I move amendment No. 60:

In page 71, between lines 26 and 27, to insert the following: “Amendment of section 146 of Act of 2015

91.Section 146 of the Act of 2015 is amended by the insertion of the following:

“(1) Such review will examine the operation, interpretation and accessibility of this Act and make recommendations for reform accordingly. Such review shall include consultation with, and the active involvement of, persons with disabilities through their representative organisations. Such review shall thereafter take place every 3 years.”.”.

Those who campaigned for this legislation specifically argued that a comprehensive review clause was necessary to ensure that the Act remained under ongoing review at regular intervals, given the pace of change in this area globally, as well as advances in practice on the ground. Therefore, we are recommending the addition of a further provision to ensure that the Act is reviewed thereafter every three years. On Committee Stage in the Dáil, the Minister stated that it would not be appropriate to have a rolling review of legislation and that after the initial reviews the stakeholders could decide whether the legislation required further review, amendment or overhaul. This approach, however, is inadequate as stakeholders would not have a legislative entitlement to demand a review. Given that this is an evolving area of law reform, reviews are essential.