Seanad debates

Wednesday, 26 November 2025

Disability (Miscellaneous Provisions) Bill 2023: Report and Final Stages

 

2:00 am

Photo of Tom ClonanTom Clonan (Independent)

I thank the Minister of State for coming here this afternoon and congratulate her once more on her new appointment. I thank everybody for allowing this Bill to go forward. I was elected unexpectedly in a by-election in 2022. On my first day in the Chamber, I said I was here to learn, to make friends and to try to make a coalition of people who are willing to support disability rights in the Republic.

This is a very short Bill. It is small, but it contains within it a transformative provision. It redresses an imbalance in the Disability Act 2005 which places an overemphasis on assessment of need. This legislation seeks to create a balance in the 2005 Act by strengthening it and refocusing on the legal right to personal assistance, supports, therapies, surgeries and whatever else a disabled citizen needs to be included. That is consistent with the UN Convention on the Rights of Persons with Disabilities, and it is also consistent with the recently published Government strategy on disabilities. The Bill had an interesting progression. On Second Stage an instruction came from the Cabinet that the Bill be struck down. We then had a very emotional debate in the Chamber. It was one of those very unusual moments when many Government Senators - my colleagues from across the floor - approached me and indicated that they were not going to vote with the Government on its proposed amendment. A compromise was eventually reached, thanks to Senator McDowell, whereby tellers were not appointed and the Bill managed to go through Second Stage.

I cannot tell the Chamber how grateful I am for all the colleagues and friends I have made on the Government side, as well as here in opposition. The former Minister of State, Senator Rabbitte, very kindly allowed the Bill to progress through Committee Stage in May 2024. Indeed, she expressed support for the Bill, which was very welcome. For me, this is a very emotional moment. My son is in the Private Members' restaurant with his assistance dog and his wonderful personal assistant, Giovanni, as guests of the Ceann Comhairle to mark the upcoming International Day of Persons with Disabilities. I apologised to him and said I could not be in the restaurant with him because I would be up here progressing the Bill, to which he replied "good" because I embarrass him as all fathers should.

This Bill brings us into line with the rest of Europe. We are outliers. We are 30 years behind England, Scotland, Wales and Northern Ireland with regard to legislative rights for disabled citizens. We are 50 years behind Germany and most of continental Europe. In fact, we are 75 years behind the German constitution in terms of what it sets out for disabled citizens and the State's responsibilities.

I thank everybody for this. We have parliaments across Europe and in London and Washington that can be very divided and polarised. This is a very powerful example of how one Independent Senator in opposition can bring about change with the support of his colleagues.

I do not like conflict. I know that sometimes in here we have some very robust exchanges. One day I met a very senior person in these Houses who was going down to one of the committees I was sitting on. The person in question knew I had a question to put to him. That very senior person, whom all Members will know, came up to me and asked if he could have a word with me. I said "Yes". He said, "be yourself, do not hold back, be true to yourself, and follow your agenda." While the effect of his advice not to hold back and to be as adversarial as I wanted to be was to make it very difficult for me to do so, I want to recognise the spirit of constructive engagement we get from our colleagues and partners in government.Our primary purpose as legislators is to try to make things better and to leave something behind after our brief time in office. I know the Bill has completed its passage through this House, but I would like to sit down with the Minister of State and the Minister, Deputy Foley, to see whether it can be progressed in the Dáil. I think we can have a constructive conversation about that. I understand all the challenges around that, but I look forward to working with the Minister and the Minister of State in that regard.

I thank everyone on behalf of our family, all the families and all the citizens, including us. If at some point we become disabled, this legislation will benefit us all.

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