Seanad debates
Wednesday, 26 November 2025
Disability (Miscellaneous Provisions) Bill 2023: Report and Final Stages
2:00 am
Maria Byrne (Fine Gael)
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I welcome the Minister of State, Deputy Higgins, and congratulate her on her new role. I look forward to working with her in her new position, as I am sure others in the Chamber do.
Maria Byrne (Fine Gael)
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When is it proposed to take Fifth Stage?
Tom Clonan (Independent)
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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.
Victor Boyhan (Independent)
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I warmly welcome the Minister of State and thank her for being here. I also thank my colleague, Senator Clonan. What an achievement. How right he was to pursue what he believed was the right thing to do. He is an outstanding advocate for the disability sector. He is an outstanding advocate in this House for many things and I am terribly proud that he is on our benches in the Independent Group in the Seanad. Persistence and his firm belief in what he was doing convinced everyone in this House.
There were difficulties. The nature of our Parliament is that we have the Government and the Opposition and it is important we have both - in a positive light - to shine on legislation. Legislation is not easy. It is particularly difficult when we have the might of a huge Government as we have had for two or three terms. However, we can achieve a lot. A lot of politics and progress in policy can be achieved by sitting down and talking to a front-line Minister and explaining the difficulties we may have with a Bill.
Senator Clonan persisted. I commend him on sharing. It is not easy to share one's personal circumstances in life because when we talk about ourselves, we are also talking about our families and they do not go into politics. Clearly, Senator Clonan's family was connected to this, including his son Eoghan who I know well, having met him on many occasions. Senator Clonan champions him and treats him as an equal, as he does all other people with disabilities. I have had the pleasure of being in his home and I have met Eoghan, Senator Clonan's lovely wife and family and seen the support they have. Not everyone with a disability has or can have that support for a variety of reasons. That is not to say there is not the support, or willingness of guardians or families to be there.
I thank the Minister of State and the Government. As Senator Clonan said in his few words today, it was an emotional journey. There were many setbacks. There was highly charged engagement and dialogue. The Senator brought it through the Private Members' slot. I also thank my other colleagues who are always supportive of Senator Clonan for prioritising this as the most important piece of Private Members' business since we came into this Seanad. We stuck with it because we believed it was the right thing to do, but Senator Clonan led from the front. He convinced us and everyone else and everyone stayed the course with him. Today is the culmination of all that. It is a day to give thanks to all sides including the Department officials.
There is always the issue of resources, constraints and so on. I will just make one request. This legislation is now coming to its completion. Well done again to Senator Clonan. Let us not let it sit on the shelves to gather dust. Let us all sign up to a commitment to work with the Government to see incremental roll-out of the various passages and what is necessary to make this a living document that people can live with and be supported by. On this and the opposite side of the House, there is a willingness to progress this matter. I hope we can keep in touch with one another and prioritise the work. There will be incremental parts and difficulties from time to time because of various resources, but the commitment is here.
What are we at the end of the day? Legislators. Someone said to me the other day that there is a lot of noise in Leinster House. Physical noise was not meant, but there is a lot of dialogue, talking, exchange of papers and ideas and exchanges about policy. However, when that is all watered down, what is critical to us as legislators is that Bills are signed into law to become Acts. This will be a legacy, driven by Senator Clonan. It will be Senator Clonan's legacy and that of his family, who took the courage, cited many examples and liaised with many advocacy groups so that at the end of the day we have a concise Bill that will, I hope, find its way to be signed into law. Let us see this as a turning point, marking the beginning of better space, better policy and better supports for people with disabilities. I commend Senator Clonan. Well done.
Pauline Tully (Sinn Fein)
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First, well done to Senator Clonan. It is an excellent Bill. It was co-signed by the former Senators Warfield and Gavan from my party and we fully support this Bill. I sat with Senator Clonan and the Minister of State. I congratulate the Minister of State on her appointment to take on responsibility for disability. She has a good understanding of the issues facing disabled people from her time on the disability committee.
The Disability Act is 20 years old this year and it is time it was renewed, updated and reviewed. It was important that guarantees of an assessment of need within six months and a service statement within a month were inserted in that Bill. Unfortunately, while it might be done in many cases, I still encounter families who find it difficult to get their children assessed - different barriers are put in their way - and when the assessment has been carried out, they still do not receive the services they require.
Children who do not get the services and supports they require end up becoming dependent adults and that is not fair. All our citizens, whether they are born with a disability or acquire one through an accident or illness, are entitled to live independent lives and to be given the supports to ensure that can happen so that they will progress in life as children. A year is a short time in a child's life. In fact, six months is short. They grow so quickly and we are missing out on giving them the supports they need to progress in life, participate in education and go on to further education, apprenticeships and the workforce. They cannot do that unless they are provided with an assessment of need and the services they need as a child with progression into adulthood making the transition easier for them.
The Equal Status Act is also from 2000. Again, it needs to be reviewed on a regular basis and updated. All our public services should be accessible to all people. I spoke to a woman last week who was refused admission to a bus because she had a mobility scooter. She was told it was not their policy to accept mobility scooters. The mobility scooter was no bigger than a wheelchair. She was given false information. Another manager said people are absolutely allowed to take mobility scooters on the bus. To be given that information and for someone to be refused access is discrimination. She has used buses loads of times. She could not understand one driver and one manager who were extremely awkward.
We need to ensure that services for children are timely and that adults are able to access whatever supports and services they need to live their best independent lives. They are citizens of our country, they are human beings and that is what they deserve.
Maria Byrne (Fine Gael)
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I welcome to the Public Gallery Senator Cosgrove's guests from the Sligo-Leitrim Home Youth Liaison Service. I hope they enjoy their visit.
Joe Conway (Independent)
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Tá éacht déanta ag an Seanadóir Clonan inniu. Níl aon obair chomh tábhachtach leis an obair a dhéantar ar son na ndaoine atá níos laige sa chomhluadar atá againn sa tír seo. There is no work more honourable than that done for people who are weaker or labouring under a disability of one type or another. I have been in awe of what Senator Clonan has done in the past few months since I came into the House, his persistence, his vision and his cur i bhfeidhm in seeing it through. He has not tolerated any laggards among our Independent colleagues, who admittedly stood four square behind him on this imaginative legislation.It is a wonderful illustration to us of the great heights to which this House can aspire and rise. It is encouraging for me as a new Member because often I sit on the backbenches and listen to how Minnie the postmistress has retired after 43 years' service or Seanie the pharmacist's assistant was very good to someone last Saturday. I say to myself, "Is this what a house of legislation is meant to be?" I am encouraged by seeing this Private Members' Bill brought to fruition. I thank the Minister of State and the Government for their visionary approach to it and for making sure another chapter is written in the life of our disabled community. Things will be that little bit better as a result of Senator Clonan's work and the Government's acquiescence and encouragement. Go raibh míle maith agaibh go léir.
Eileen Flynn (Independent)
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I welcome the Minister of State to her new role and wish her every success. I care deeply about people with disabilities in this country, about issues of access of care and about having their needs met. When I am listening to myself, I am conscious of referring to people with disability as "them" and "they". Everybody should have equality of opportunity. I do not believe there is any such thing as equality. Everybody is different but it is about meeting a person where they are at and seeing an individual first.
I congratulate Senator Clonan on bringing this important legislation through the Houses. I have been privileged along with the Civil Engagement Group to work with the Senator for the past four and a half years on bringing about important and meaningful change for disabled people. This legislation will do that. It is only three sections. Yesterday, I was talking about women's rights in the Houses and about wearing the colour orange. A woman could be getting beaten up and she does not care what colour you are wearing. It is the same way for people with disabilities.
There are some organisations in the Houses today. I welcome that. It is important we welcome all people to the Houses. One of the activists said to me it was a photo opportunity and it was not even disability day. I said that I had spent many a year being a token with organisations up and down the country. What Senator Clonan is doing is action. I am aware the Minister of State asked the Department to support the first part of the Bill today. We welcome that, but we ask the Minister of State to continue to support what the Senator is trying to do and to listen to activists on the ground. After this discussion, she could go to the Members' restaurant and meet with some of the activists here today.
People are tired of all of us do-gooders talking and saying we want the best for disabled people, women or Travellers. We are all talk and no action, but Senator Clonan has done a piece of work around this Bill. It is three simple changes but it is really effective.
I am delighted the Minister of State is supporting the legislation and so are my Civil Engagement Group colleagues. I always say when talking to Ministers here that they can be part of a legacy that was positive and changed people's lives or they can be part of the same old, same old. I hope with all my heart for the sake of people with a disability that the Minister of State is the one who will make changes and work with Members in this House, the committee and the Dáil. Thank you, Minister of State. Thank you, Senator.
Patricia Stephenson (Social Democrats)
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Senator Flynn mentioned being all talk and no action and the idea people think they are coming into the Oireachtas for a photo opportunity. It is so bleak and so true. We all have a responsibility to do more when we talk about inclusion by actually practising it. That is true across the disability committee and all committees, in ensuring the voices of disabled people are platformed in those spaces. Disability rights issues cut across every forum, whether transport, infrastructure, healthcare, education or even foreign affairs. It is important we note that.
I am very supportive of Senator Clonan's Bill. It will bind the Government to its obligations to provide essential services for people with disabilities. I am happy Ireland will have the opportunity to align with the rest of Europe on its commitments to rights-based legislation for all citizens and shed its reputation, I hope once and for all, as one of the worst places to be a disabled person in Europe. The fact you can have an assessment of need in Ireland, find out about all the things that would help you, make your life easier and support you in living a fulfilled life, and that those services currently are not even actioned on, is shocking. It is like telling someone, "This is the way things could be better for you but, I'm sorry, we're not going to follow through." I hope this legislation will be pursued and will address and put a stop to that practice.
It is sad to say that even this year we have seen a stripping-back of disability services in the most recent budget and that 2026 will be a particularly difficult year for people living with a disability as one-off payments have been removed. In Ireland, being disabled is incredibly expensive. On top of the usual costs we all have, a disabled person must spend another €10,000 to €15,000 per year on things like taxis, because public transport is unreliable - sometimes there is one space for a wheelchair on a given train service and it has to be booked far in advance - on medicine and medical needs, accessibility aids at home and home adaptations. That means their entrance fee to participate in life in Ireland is much higher than for the rest of us. They are faced with barriers to healthcare, education, employment and transport.
I think most people would agree that, quite frankly, disabled people are being fleeced in many ways. In order for people with disabilities to participate fully in our society, it is imperative that all services they attend address the diversity of their needs. It is not enough for the HSE to shrug its shoulders and say, "We're sorry. We can't fulfil your specific needs. It's too expensive. It's too complex. It's too much hassle for us." I know there are amazing service providers in the HSE who wish they could do more but the options are not there for them because of the cost of services and because this is not prioritised.
Disabled people should no longer hear, "We'll get to it as soon as we have time." People with disabilities cannot afford to wait for their needs to be considered. We have heard from the Disability Federation of Ireland that disabled people have a much higher risk of poverty and deprivation. If you are unable to work due to disability, you are four times more likely than the national average to live in consistent poverty. We have shameful rates when it comes to people with disabilities in employment and supported employment opportunities. That is true across the island and there is much more work that can be done through an all-island approach to supported employment.
I wonder why it cannot be a function of Government agencies to just say, "Yes, we'll help you. We'd be delighted to. We've got the resources. We've got the will and we're going to do it." to those in our society who deserve support the most. The Government grants tax breaks and kickbacks to rich property developers and multinational fast food conglomerates. I know the Minister of State might not agree with that but that is what we saw in the most recent budget. It makes the failures for people with disabilities so much more insulting and shameful. I recognise that was not the Minister of State's brief when the budget came through.
People with disabilities are not asking for the world; they are simply asking for the same rights the rest of us have. They want to be able to contribute meaningfully to society and live fulfilled lives like we all do; currently in Ireland, that is not happening. Disability services are not things the Government can offer by way of patronising piecemeal handouts. People with disabilities have a basic right to advance through education, to pop into town to meet up with friends, to access healthcare screenings and to get a job, should they wish. They should have the right to live independently, if they choose to, and to codesign policies that consider their needs and opinions.
Disability rights are basic human rights and must be enshrined in legislation. That is why I am delighted to support Senator Clonan's Bill. He has been a consistent advocate for disability rights throughout his time as a Senator. We cannot have resilient communities or communities that prosper if a huge proportion of them are excluded from meaningful inclusion.
Aubrey McCarthy (Independent)
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I commend my colleague Senator Clonan on this disability Bill. I am on the same university panel as him, so technically we were meant to compete.When I first met Tom, I told him what I was involved in. I set up a charity called Tiglin. It does not deal with people with disabilities, but people who have come from marginalised circumstances, such as homelessness, etc. The first thing he said was that he wanted to see what I do. He came out and visited our centre in Greystones. He spent time with the guys and asked questions. He was looking for answers to see how it works and what type of people we reach.
That sums up the man who is behind this Bill and it shows that he has an interest in people who are marginalised, people who are on the outside and in isolation. I met his son, Eoghan, who is champion in his own right. What is the name of the dog?
Aubrey McCarthy (Independent)
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I met the two of them and they have both been in the house many times. I also, of course, met them in Trinity College. As part of the Seanad Independent Group, I commend Senator Clonan on this achievement. I congratulate the Minister of State on her new portfolio and know this is something she will champion as well. On behalf of myself, a new Senator in this role, and as part of the Seanad Independent Group, I commend Senator Clonan.
Lynn Ruane (Independent)
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I welcome the Bill and am happy to support Senator Clonan. Senator McCarthy raised the areas of marginalisation and addiction. Something we need to consider is marginalisations within marginalisations within marginalisations. We do have a growing and ageing population of people who were drastically impacted by the heroin epidemics of the eighties and nineties and have acquired disabilities over time. They are often unseen when it comes to disability advocacy. We have people in our prison and homeless systems who have acquired disabilities through intravenous drug use and through certain conditions where their bodies have begun to break down. They have ended up in wheelchairs and had limbs amputated. Their rights are eroded in every way, never mind them getting an assessment and then having the right to care. It is a group that I would like us to start thinking and talking about when we talk about people who are living with a disability. Like I said, there are extra layers of marginalisation and it is often a group that we do not pick up on. I just thought about it when Senator McCarthy was speaking about addiction.
Emer Higgins (Dublin Mid West, Fine Gael)
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I thank all of our Senators who have contributed today, in particular Senator Clonan for bringing forward this Bill forward. It is great to hear that his son Eoghan is in the House. I am sure it is an important day for him. I reassure Senator Flynn that I dropped into that event the Ceann Comhairle is hosting today for the International Day of Persons with Disabilities. It is a really good initiative.
I welcome the opportunity to speak to the House to reassure its Members that this Government is fully committed to people with disabilities and their families. I, of course, acknowledge that there are really important challenges that we must address if disability services in this country are to fully meet the needs and expectations of those at the heart of the service to enable them optimise their potential and to be able to live their lives as they deserve. This Government supports the intent of the Bill and has chosen not to oppose it on that basis. I must, however, point out that there are significant challenges in the reality of the fact that the State has limited resources.
As Senator Tully said earlier, I spent a number of years with her and other Members of this House and the Dáil as a member of the Committee on Disability Matters. I am delighted to have the opportunity to attend here today in my new role as Minister of State with responsibility for disability. I look forward to continuing the work of my predecessor, the Minister of State, Deputy Hildegarde Naughton, in what is a really important area. The Government has clearly signalled its intent to support disabled people. This can be seen across a number of areas.
Senator Stephenson referenced the recent budget. Budget 2026 saw a record €3.8 billion allocated for HSE disability services. This represents €618 million extra, or a 20% uplift, in current funding on 2025. It follows significant year-on-year increases in recent years and an overall increase of €1.85 billion, or 91%, since 2020.
Notwithstanding that significant investment, all of us know of the frustrations that individuals and families experience when it comes to accessing the services they need. Over the last week, since my appointment as Minister of State with responsibility for disability, I have been out in communities meeting people with disabilities, their families, carers, the volunteers supporting them and getting a clear sense of the barriers people are facing every single day. I look forward to continuing that work over the coming weeks and months ahead. I have also had the opportunity over the past week to meet with some of the dedicated professionals delivering those much-needed services through section 38 and 39 organisations, the HSE and also through my committed officials in the Department who I know are driving policies that will improve access to services.
I want to be clear in saying to Members that the Government is listening to families and is working towards further significant investment and reform in the months ahead. That is part of a radical transformation programme across disability services. While not opposing this Bill, at this stage, I firmly believe that our focus must be on continuing to implement a programme of operational, policy and legislative reforms which will improve access to therapies and services for children with disabilities. I think that is a goal we all share and I really look forward to working with Members to make that happen.