Alice-Mary Higgins (Independent) | Oireachtas source

I commend Senator Clonan on tabling this legislation. I am proud to be one of the co-sponsors of it, along with my Civil Engagement Group colleagues, namely, Senators Ruane, Black and Flynn. I am glad to be able to support its passage and am hopeful the Government also will allow and support its passage and progression through this House. It is an important opportunity to send a signal in terms of a new and better approach to disability.

Section 1 gets to the core of one of the core issues. I sat for a number of months on the disability committee before my colleague, Senator Flynn, took my place. The issue of assessment of need came up repeatedly. At the end of last year, 8,900 children were classified as being overdue for assessment of need under the Disability Act. There also was something the committee saw repeatedly, whereby one almost would get the assessment of need but then it was a case of one having been assessed as having needs but that one would be obliged to wait a little bit longer for those concerned to identify what the needs were and, more importantly, what the supports were. Then, one will wait an infinitely long period of time, which, for children, are crucial developmental years when they are shaping their future selves and future lives. Their minds are bursting and they want to be exploring and engaging in the world. Those are the years that are getting lost. There are three tiers – the assessment that you may have needs, the assessment of what they might be and then this extra infinite wait for services. That is why this Bill is so important.

Article 25 of the UNCRPD provides that "persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability". When we have almost 9,000 children who cannot even get an assessment of needs or the healthcare, therapeutics and services they need, that has a cost for each individual. We talked about the cost to the State. As Senator Clonan has outlined, it is actually not that large a cost for a State to make itself genuinely compliant with UN standards and a better and fairer place to live for all of its citizens. However, right now, there is still a cost because a cost is being carried by individuals with disabilities and their families.

Regarding the referendum, unfortunately, I understand the intent of many who voted but the language we still have in the Constitution is just language about mothers’ duties in the home. It does not contain the kind of emancipatory language that we might hope for, for example, like what we saw in Spain. Spain now has brought forward a change to its constitution that states that public administrations will pursue policies that guarantee the complete autonomy and social inclusion of people with disabilities. That is the Spanish constitution. To be clear, while a message was sent by many who voted, the Constitution we are left with now is an unequal Constitution that just speaks about mothers’ duties in the home, not in the wider world, and frames back into that institutionalisation piece.There is scope for more emancipatory language. What this Bill also sets out is that people need the legal tools. They need real tools. That point has been well made. Article 13 of the UNCRPD states:

States ... shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations ... including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.

Section 1 of the Bill will further Ireland's compliance by legislating not only to give each individual the right to treatment but, crucially, the right to treatment that is justiciable before our courts. It is important that they have the right to hold the State to account and that the Oireachtas, in passing this legislation, which I hope will have a speedy journey, not just through this House but also through the Dáil, can put it to this Government and future governments that when the State fails its citizens by failing to provide proper access to the healthcare and services they need to live full lives as citizens, it will be breaking a law of this Republic and will be held to account in the courts in a justiciable way.

I am taking the opportunity, as mentioned, to briefly flag an issue relating to section 2. I commend one particular point, namely, the one relating to public transport. I signal that this is something which a former Senator, John Dolan, who many may recall, tried to specifically address in the community participation Bill. We were co-sponsors of that legislation. If the Bill had been passed and it was in place, we would not have the disgraceful situation where we still see a public body giving contracts to private operators who cannot, will not or are not required to deliver transport that is accessible to disabled people to ensure they can move around within the State on an equal basis. I am really glad that Senator Clonan has included a specific provision on public transport operators in the new subsection 2A(a)(vi) of section 2 of the Dublin Transport Authority Act. It is not a mistake or an oversight at this point. There has been a systematic refusal to move forward. This is something that Senator Dolan and many others have been flagging for close to a decade.

I again commend Senator Clonan. I am very happy to support the Bill. I urge the Government to support it.