Vincent P Martin (Green Party) | Oireachtas source

The Minister of State is very welcome, as always. I also welcome our special guests, the Clonan family. In the lifetime of this Seanad, I am challenged to think of more serious legislation that could come before us for consideration.

The Bill seeks to create a legal requirement to provide treatment, therapy supports and services for persons with a disability. It inserts new sections after section 11(2) of the Disability Act 2005. Subsection (2A), as proposed to be inserted, is where an assessment report is furnished to the executive and the report includes a determination of whether the provision of the health service, education services or both is appropriate for the applicant concerned. He or she shall arrange for the preparation by a liaison officer of a statement, referred to in the Act as a “service statement”, specifying that the health service or education services, or both, which will be provided to the applicant by or on behalf of the executive or an education service provider, as appropriate, and the period of time within which such services will be provided.

Senator Clonan commented on the assessment period. There is a huge delay to even get the assessment in the first instance. That is the elephant in the room. Senator Clonan's amendments include a new subsection (2A) that would provide for the inclusion in the service statement services necessary to meet the demands of the applicant. The new subsection (2B) states that the provision of services shall be made as soon as practicable or in the period of time the applicant requires, whichever is the earliest.

I note Senator Clonan's draft and the fact he is so resolute on this issue. Interestingly, this Bill proposes a reference to the Constitution in the primary legislation. That is no harm if the Constitution keeps it front and centre in our thoughts as we legislate. Other speakers referred to Article 40, which provides for equality for all. The State cannot arbitrarily discriminate between citizens. We are all equal before the law, or we are supposed to be. The Minister when formulating policy and providing resources shall be in fulfilment of the State's duty under Article 40 of the Constitution, that being that the resources available to the State and allocated by it in a manner consistent with the common good shall be such as to ensure the equitable treatment of every person in the State.

The objective is to ensure that any person with a disability need will have the same right to avail of and benefit from being active and equal members of society. What this Bill seeks, in my humble opinion, is an implementation and a vindication of the most basic rights. The Government is putting forward a timed amendment. I am not sure if it is wise to do so. I hope that if it happens, the time will be extremely well used. We have had many advocates for disability rights over the years. They are embodied in Senator Clonan. We will not know until later but if the amendment is proceeded with tonight, I hope we use the time very carefully and that it will not be just lip service. I hope we make the Bill better because this has to happen. It is what politics is about.

We have a powerful advocate in Senator Clonan. Tonight he revealed his own family situation, which is not an easy thing to do. In doing so, he painted a powerful picture with words. He brought alive for us first-hand testimony of what is involved here. I hope we collaborate as never before. I want to see a different approach to issues like this in the House. I was very fortunate when I introduced a Bill to restrict and curtail the right of an accused to cross-examine in person a victim in coercive control cases. I was very fortunate to get that legislation adopted by the Government. I am convinced I would not have got it through without co-operation from each and every grouping in this House.

Similarly, the honey bee legislation which has passed Committee Stage was a combined team effort. I ask that we have a new departure in politics and endeavour to do what is best. I am convinced that if the Government Senators were in opposition, they would happily vote for this Bill tonight. I am convinced that previous Governments would be in the same predicament that the current Government is in. Either people are overly deferring to the permanent government or there is a failure to realise that they are the power behind the wheel and they are not fully implementing and asserting themselves as they should.

Senator Clonan is doing his best. He has spoken on many occasions about how proud he is of his son, Eoghan, his director of elections. I have no doubt that is reciprocated. Eoghan must be so proud to have a dad who does not suffer fools gladly and is on a mission to change things. He wants to make sure this House is no longer a talking shop. He wants to ensure that individuals are no longer forced to go to the High Court to vindicate their rights. That is not the position of the courts. The Legislature has failed if people end up going to the courts. The HSE and ultimately the Government have a duty to act to fulfil the rights of our citizens with disabilities and to do so in the most timely manner possible. I welcome the Bill and hope it will get an urgent response from the Government.