David Stanton (Cork East, Fine Gael)
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Question 414: To ask the Minister for Justice, Equality and Law Reform, further to the Disability Act 2005, the progress to date in implementing the Act; the sections which have been implemented to date; the sections remaining to be implemented; his plans to bring the remaining non-implemented sections into force; the timescale of same; and if he will make a statement on the matter. [39231/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I commenced the sections of the Disability Act 2005 for which I have responsibility on 29 July 2005 by signing the Disability Act 2005 (Commencement) Order, SI 474 of 2005. With the exception of section 29, which deals with the accessibility of heritage sites and nature reserves, and Part 6, which provides for the establishment of a centre for excellence in universal design in the National Disability Authority, all parts and sections for which I have responsibility have come into force either on 29 July 2005 or will come into force on 31 December 2005. The commencement of Part 2 is the responsibility of the Tánaiste and Minister for Health and Children, in consultation with the Minister for Education and Science.

Key areas of the Act which commenced on 29 July 2005 include section 30, which gives me the power to request the National Disability Authority to draft codes of practice for the implementation of sections 26 to 28, covering, respectively: accessibility of public services; accessibility of goods and services supplied to a public body and accessibility of information provided by a public body. I have requested the National Disability Authority to prepare this draft code and submit it to me for my approval, in accordance with the Act. In addition, at the request of Minister of State at the Department of Justice, Equality and Law Reform, Deputy Fahey, the National Disability Authority recently conducted seminars for public bodies to advise and support them in meeting accessibility requirements under the Act.

Under section 31, the Departments of Health and Children, Social and Family Affairs, the Environment, Heritage and Local Government, Transport, Communications, Marine and Natural Resources and Enterprise, Trade and Employment are obliged to prepare and publish sectorial service plans. These plans will set out for each of these Departments and the public bodies under their aegis the programme of measures to be taken in the provision of services for people with specified disabilities. The plans are to be laid before the Houses of the Oireachtas as soon as possible but not later than one year after the commencement of the Act, by 28 July 2006. The National Disability Authority has conducted a nationwide series of public consultation meetings on all of the draft plans, outlines of which were published on 21 September 2004 in conjunction with the Departments concerned.

Among the provisions of the Act which will come into effect from 31 December 2005 are those relating to the powers of the Ombudsman in the investigation of complaints under the Disability Act and the implementation of the 3% target for employment of people with disabilities in the public sector. The implementation of accessibility, employment and other provisions under the Act is the responsibility of each Department and public body.