Claire Kerrane (Roscommon-Galway, Sinn Fein)
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272. To ask the Minister for Finance if he has plans to make changes to broaden access to support under the disabled driver's scheme, and in particular accessing a primary medical certificate, given the lack of any other mobility supports to individuals; if he will consider looking at the Disabled Drivers and; Disabled Passengers (Tax Concessions) Regulations 1994; and if he will make a statement on the matter. [54673/22]

Claire Kerrane (Roscommon-Galway, Sinn Fein)
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273. To ask the Minister for Finance if his attention has been drawn to concerns raised by the Ombudsman's report entitled 'Grounded: Unequal access for people with disabilities to personal transport schemes - a commentary by the Ombudsman'; his views on whether the medical criteria in order to obtain a primary medical certificate are excessively restrictive; if he plans to act in relation to this; and if he will make a statement on the matter. [54674/22]

Paschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 272 and 273 together.

I am aware of the Ombudsman report and its findings, particularly in relation to the Disabled Drivers & Disabled Passengers Scheme, which provides relief from Vehicle Registration Tax and VAT on the purchase and use of an adapted car, as well as an exemption from motor tax and an annual fuel grant.

The Scheme is open to severely and permanently disabled persons as a driver or as a passenger and also to certain charitable organisations. In order to qualify for relief, the applicant must hold a Primary Medical Certificate issued by the relevant Senior Area Medical Officer (SAMO) or a Board Medical Certificate issued by the Disabled Driver Medical Board of Appeal. Certain other qualifying criteria apply in relation to the vehicle, in particular that it must be specially constructed or adapted for use by the applicant.

To qualify for a Primary Medical Certificate an applicant must be permanently and severely disabled, and satisfy at least one of the following medical criteria, in order to obtain a Primary Medical Certificate:

- 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;

- have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.

I have no role in relation to the granting or refusal of PMCs and the HSE and the Medical Board of Appeal must be independent in their clinical determinations.

As the Deputy is aware, I committed to a comprehensive review of the DDS to include a broader review of mobility supports. In order to achieve this objective, Minister O’Gorman agreed in September 2021 that the DDS review should be incorporated into the work of the National Disability Inclusion Strategy (NDIS) Transport Working Group (TWG).

The Working Group, under the Chairpersonship of Minister of State Anne Rabbitte, held a number of meetings across 2022 and is expected to hold its final meeting later this month. The Working Group will produce its report shortly afterwards.

As part of its engagement in this process, the Department of Finance established an information-gathering Criteria Sub-group (CSG) at the start of this year. Its membership comprised of former members of the DDMBA and Principal Medical Officers (PMOs) in the HSE. Its purpose was to capture their experiences, expertise and perspectives in relation to the practical operational and administrative challenges of the DDS, as well as to explore what alternative vehicular arrangements were available for those with mobility issues based on international experience. The CSG work led to the production of five papers and a technical annex, submitted to the Department of Children, Equality, Disability, Integration and Youth in July 2022.

The work of the CSG provides clear documented evidence of the shortcomings of the scheme, evidence that is essential as we undertake a review of the scheme. It clearly outlines the problems with the scheme, including the fact that it does not meet the needs of a significant group of those with a disability and with mobility impairments; it requires individuals to 'prove' they are sufficiently 'disabled' as determined against six outdated medical-based criteria; it is significantly divergent from international best practice in almost all scheme aspects examined; it is managed and delivered through a historically complex, 'light touch' administrative and operational regime that by such design cannot, does not and will never operate to the standards expected of a 21st century operational model.

In my view, the DDS needs to be replaced with a fit for purpose, needs-based vehicular adaptation scheme that is grant based. I believe making changes to the DDS is not feasible or credible as any change or expansion of eligibility criteria for the DDS will still require an individual to 'prove' they meet that criteria and conversely there will still be individuals that will be deemed not to meet the criteria i.e. the scheme will still adhere to an 'in or out' policy rationale. Such an approach has the potential to make already highly contested Primary Medical Certificate and appeals processes even more difficult, for the HSE, for the DDMBA, and for individuals.

This conclusion, together with design principles and parameters for the new scheme as based on international practice, were incorporated into a response to three questions posed in September 2022 to members of the NDIS Transport Working Group, in respect of proposals for enhanced, new and/or reconfigured supports to meet the transport and mobility needs for those with a disability. I hope they will receive the appropriate consideration.

I cannot comment on any potential changes to the scheme in advance of these proposals.