Tom Shehan (Fine Gael)
Link to this: Individually | In context | Oireachtas source

I welcome the Minister of State. When the Fine Gael-Labour Party coalition took office in 2011, we all knew the state of the State's accounts and that austerity was ahead. At the time, I appealed to the Government to maintain compassion at all costs. I have previously raised the issue of the provision of primary medical certificates to people with Down's syndrome, and I recognised that it was a big ask at the time. However, with the country in recovery and the trajectory of the public finances going in the right direction, I again appeal to the Department, the Cabinet and the Government to seriously consider the provision of primary medical certificates for people with Down's syndrome. People with Down's syndrome will never drive or hold a driving licence, and are totally dependent on their parents and family. I know many people with Down's syndrome. I will give a real account of what life is like for the parents of a four year old with Down's syndrome whom I met during the week. The child, Joseph, has sensory processing disorder, and a psychological assessment found that he had the intellectual capacity of a 13 to 15 month old. He has the verbalisation of a seven month old. He cannot feed himself. Because he chokes, all his food must be liquidised. His muscle tone is on the exacerbated weak side and he cannot take two steps without help. Although Joseph is loved to bits by his parents, like every other child, it is an awful strain on the parents, on their relationship and on the other members of the family unit.

Thankfully, things have improved immensely for people with Down's syndrome. They are no longer, as in the dark days, put in the back room where they never saw the light of day. There are great facilities for them now.People with Down's syndrome are living well into their 50s now, and sometimes into their 70s and 80s. That is great but I find that every parent of a child with Down's syndrome has to do everything for them, even when they are 50 and 60 years of age. They are always their child. They have to bring them everywhere. They have to bring them to every social outing they go to. They are dependent on their parents. The biggest worry that parents have is what will happen to their children when they die. This would be a compassionate thing to do. They are most deserving of the primary medical certificate because they are so dependent. They will not be able to drive themselves or get to and from wherever they are going by themselves. They are dependent on their parents. It would be compassionate of the Government to afford the primary medical certificate to people with Down's syndrome. I would like the Minister of State to ask Cabinet to give it due consideration.

Kathleen Lynch (Cork North Central, Labour)
Link to this: Individually | In context | Oireachtas source

People with Down's syndrome are now living well into their 70s, and almost 80. That is a good thing and is probably because of the advances in medicine. Our understanding, acceptance and tolerance are a significant part of it. If I had a wish for the next Government, it would be for a Department that covers everything concerning disability because it is so scattered now. That is why I am taking this Commencement matter on behalf of the Minister for Finance. The issue does not fall under the Department of Health and Children at all.

I thank the Senator for raising this matter this morning. The Minister for Finance regrets that he is unable to be present due to other business. This Commencement matter relates to the disabled drivers and disabled passengers scheme, which is a tax concession scheme. It is for that reason that I am answering on behalf of the Minister for Finance.

I will first provide a brief description of the scheme as it currently stands. It provides relief from vehicle registration tax and VAT on the purchase of a specially adapted vehicle, a fuel grant related to the running costs of the vehicle and an exemption from motor tax to drivers and passengers with disabilities who fulfil the medical criteria required to qualify for the scheme. The primary legislation authorising the Minister for Finance to make regulations providing for tax concessions to disabled drivers and passengers is contained in section 92 of the Finance Act 1989, and the regulations introduced subsequently to govern the scheme, including the eligibility criteria, are contained in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. Currently, to qualify for the scheme, an applicant must have a permanent and severe physical disability within the terms of the regulations and satisfy one of the six qualifying criteria outlined in the regulations. The senior medical officer for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria. A successful applicant is provided with a primary medical certificate, which is required under the regulations to claim the reliefs provided for under the scheme. An unsuccessful applicant can appeal the decision of the senior medical officer to the Disabled Drivers Medical Board of Appeal, which makes a clinical determination in respect of the individual.

The regulations mandate that the medical board of appeal is independent in the exercise of its functions to ensure the integrity of its clinical determinations. After six months a citizen can reapply for a primary medical certificate if there is a deterioration in their condition. The six qualifying criteria are necessarily both strict and precise. They are that an applicant must be wholly or almost wholly without the use of both legs; be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs; be without both hands or without both arms; be without one or both legs; be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg; or have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs. The scheme and the qualifying criteria were designed specifically for those with severe physical disabilities, in recognition of the significant costs associated with adapting a vehicle for the transport of persons with certain disabilities.

The Minister for Finance frequently receives correspondence from applicants who do not meet the qualifying criteria but feel that they would benefit from the scheme. While the Minister is sympathetic to those who do not qualify for the scheme, he cannot, given the scale and scope of the scheme, extend it further within the current context of constrained resources, which is the point that Senator Sheahan made.

The scheme represents a significant tax expenditure. Between the vehicle registration tax and VAT forgone, and the assistance with fuel costs used by members of the scheme, the scheme represented a cost of €48.6 million to the Exchequer in 2014, an increase of €5.1 million on the 2013 cost. This figure does not include the revenue forgone to the Local Government Fund in respect of the relief from motor tax provided to members of the scheme. In terms of the numbers of claims to the scheme in 2014, there were 4,936 claims for vehicle registration tax and VAT relief, and 12,338 claims in respect of the payment of excise on the fuel element of the scheme.

The Minister for Finance recognises that this scheme plays an important role in expanding the mobility of citizens with disabilities and as a consequence the relief has been maintained at current levels throughout the crisis, despite the requirement for significant fiscal consolidation. Accordingly, while the Minister is sympathetic to the Senator, in the still constrained fiscal environment, there are no plans at this time to expand the medical criteria beyond the six currently provided for in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. I am sorry that I do not have better news for the Senator but nevertheless I am sure that the Senator will continue to pursue it.

Tom Shehan (Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Minister of State for delivering the response. As she said, this is only the beginning. The ball has only been thrown in by me here today now. I see no reason that the qualifying criteria cannot be expanded to encapsulate and include Down's syndrome. I know people in each category of the qualifying criteria who have driving licences and can drive. People with Down's syndrome do not. It is a mobility issue because they cannot go anywhere without somebody else. People who meet any of the qualifying criteria can get about, so getting from one place to another is not an issue. All of the people in those categories can have driving licences and can drive.

As I said, I will be looking for the qualifying criteria to be extended to include people with Down's syndrome to improve their quality of life. I will give the Minister a passionate letter that I have received from parents about their child, Joseph. In it, they say that everything with Joseph is a two-man job. They also talk about taking part in the normality of life. That is the kind of language they use. It is very true because I know them and they are genuine people. This would make their lives a little bit easier. On that note, I will give this letter to the Minister of State and ask her to pass it on to the Minister, Deputy Noonan. I will be back with this one.

Kathleen Lynch (Cork North Central, Labour)
Link to this: Individually | In context | Oireachtas source

Like the Minister for Finance, I regularly receive representations from people, for example, stroke victims and people with acquired brain injury. I have every sympathy but I think the issue is wider than what the Senator has suggested. As I have said already, I am sure the Senator will not let this lie and will be back again. Eventually people are successful in their endeavours.