Written answers

Wednesday, 19 March 2025

Department of Children, Equality, Disability, Integration and Youth

Disability Services

Photo of Mairéad FarrellMairéad Farrell (Galway West, Sinn Fein)
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1402. To ask the Minister for Children, Equality, Disability, Integration and Youth if there is legislation dealing with the right of a person with a disability to access toilet facilities from a private business they are patronising; and if she will make a statement on the matter. [11909/25]

Photo of Hildegarde NaughtonHildegarde Naughton (Galway West, Fine Gael)
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As Minister of State with responsibility for Disability, I am committed to enhancing the accessibility of public facilities and spaces as well as promoting best practice in universal design so that people with disabilities can avail of services and goods on an equal basis with others.

The Disability Act 2005 places obligations on public sector bodies to ensure that information and services are accessible to all members of the pubic. This includes the parts of physical premises open to the public as part of service delivery. These requirements are subject to some exemptions such as disproportionate burden.

No similar blanket legislative requirement exists in respect of private property or private businesses. However, where the accessibility of a physical premises may be integral for the delivery of a service then the Equal Status Acts (2002-2018), subject to relevant exemptions and the particulars of the situation, may apply. The Equal Status Acts prohibit discrimination in the provision of goods and services on nine grounds, including disability. Under the Acts, discrimination “includes a refusal or failure by the provider of a service to do all that is reasonable to accommodate the needs of a person with a disability by providing special treatment or facilities, if without such special treatment or facilities it would be impossible or unduly difficult for the person to avail himself or herself of the service.”

In addition to this legislation, the Irish Centre for Excellence in Universal Design which is part of the National Disability Authority (NDA) is funded by my department and has done considerable work in promoting the concept of universal design as a means of enhancing the accessibility of a range of built environments, spaces, facilities, products and services. With particular relevance to the issue of accessible toilet facilities, the Centre has a range of guidance material available on its website to support members of the public and businesses.

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