Dáil Éireann debate -
Thursday, 4 Mar 1999

Vol. 501 No. 5

National Disability Authority Bill, 1998 [ Seanad ] : Second Stage.

Minister of State at the Department of Justice, Equality and Law Reform (Miss M. Wallace)

I move: "That the Bill be now read a Second Time."

I am pleased to present the National Disability Authority Bill, 1998, to the House. The Bill was initiated in the Seanad before Christmas and has benefited from a number of detailed and useful amendments made in that House. Once enacted, it will fulfil a key commitment in the Government's programme for equality, the establishment of a national disability authority. In view of the importance of the Bill, we ensured that it was given priority in the legislative programme.

The impetus for the new infrastructural arrangements for disability proposed in the Bill is embedded in the concept of mainstreaming. Mainstreaming for people with disabilities represents a policy approach which seeks to the greatest extent possible, to integrate services for this group with those available to the population generally. Key State services which cater to the needs of the community will now also discharge this role in respect of members of the community who happen to have a disability. The mainstreaming approach will not supplant positive initiatives for people with disabilities but will complement and run in parallel with the targeted services.

It has been estimated that 360,000 people, or 10 per cent of the population, have a disability and that 40 per cent of those people are of working age. Many people with disabilities are marginalised from society and must live with the additional problems associated with marginalisation such as poverty, unemployment, social isolation and poor health. The structural reorganisation envisaged in the Bill represents a root and branch reorientation of our treatment of disability and disability issues. In changing the underlying approach which society takes to the issue of disability, we will set in train a series of actions and reactions which will draw people with disabilities back from the margins of society and change the way disability is regarded in the wider public perception.

The Bill represents the culmination of a process which began in November 1997 when an establishment group for the National Disability Authority and a disability support service was set up. The establishment group was asked to report to Government with detailed proposals for the new infrastructure and the future location of departmental responsibility for the functions of the National Rehabilitation Board. The establishment group reported in June last year and in July the Government adopted its report, Building a Future Together, and approved its recommendations.

A central recommendation of the report is the setting up of the National Disability Authority. The authority will be the cornerstone of a new approach to service provision for people with disabilities. The new approach involves a departure from the traditional logic, which views disability from a medical perspective rather than as a social issue and consequently placed responsibility for services to people with disabilities with the Department of Health and Children. It will also involve the relocation of the functions currently carried out by the National Rehabilitation Board.

Vocational training and employment services for people with disabilities will be provided by FÁS operating under the Department of Enterprise, Trade and Employment. This will be a major step in the integration of people with disabilities into the labour force enabling them to achieve independence and choice. Similarly, the information service currently provided by the National Rehabilitation Board will, under the new arrangements, be provided through Comhairle, a new mainstream information providing service being established by the Department of Social, Community and Family Affairs. This development will underscore the fact that as citizens people with disabilities are entitled to information and entitlements in the same way as any other citizen. A number of other services, such as the excellent audiology service provided by the National Rehabilitation Board, will continue to be available through the Department of Health and Children.

The National Disability Authority will provide the essential overview of the new arrangement and its central focus will be the provision of services to people with disabilities. The authority will be a watchdog of standards in services for people with disabilities. Its purpose will be to function as an expert body dedicated to the development of standards in services provided to people with disabilities and to conduct independent monitoring of these services. The authority will not be a service providing agency, but it will work in close co-operation with service providers in the voluntary, State and Government sectors.

To assist it in implementing this agenda, the authority will commission independent research and promote innovative projects. As a dedicated body, it will be a source of guidance and support to all service providers. It will assist them in fulfilling their responsibilities to people with disabilities and secure their co-operation in developing the best possible standards. The authority will offer guidance and support not only to organisations in the disability sector, but also to mainstream service providers as they meet their obligations to people with disabilities. The new organisation will report to the Minister for Justice, Equality and Law Reform and will assist in the development of a coherent approach to disability policy which will have direct application to all service providers. The Bill will empower the new organisation working in the Department to take a lead role in ensuring the delivery of high quality services to people with disabilities in an integrated way.

The Bill also provides a clear focus for the new organisation in relation to the development of standards, policy and research. The establishment group in making its recommendations to Government strongly advised against burdening the authority with functions which would detract from its core role. It also recommended against any direct link to service provision as such responsibilities would run counter to its role as a guide and support to service providers. For these reasons, the new infrastructural and administrative arrangements will assign tasks related to service provision to other agencies.

Under the Government, a number of initiatives have been introduced and substantial increases have been made in funding for disability services. These reflect the commitment of the Government to continuously advancing the position of people with disabilities to enable them to achieve greater independence and to participate more fully in the life of the nation. In the area of education, a number of initiatives targeted at children with disabilities are being undertaken. Examples of these initiatives are the provision this year of £4 million for additional teachers and child care assistants for children with disabilities and £1.7 million for escorts and special harnesses for children with disabilities on school buses.

In the area of health, additional revenue of £18 million, with a full year cost of £24 million in 2000, has been made available to help tackle the deficit in accommodation and other services for people with learning difficulties, to furnish health related support services for children with autism and to meet identified needs in these services. A capital allowance of at least £10 million is also being made available in 1999 to support the creation of 320 new residential places, 80 new respite places and 200 new day places. In keeping with the Government's commitment to developing services for people with physical and sensory disabilities, a total of £9.325 million has been made available for the provision of aids and appliances. Once off grants totalling almost £6 million were made to voluntary agencies in the sector in 1997 and additional revenue totalling £5.4 million in 1998 and £9.4 million in 1999, rising to £12.4 million on a full year basis in 2000, has been provided for the maintenance and development of services in this sector with further allocations for capital projects. It is against this background of service provision and entitlement that the authority and the other new mainstreaming measures are being introduced and will operate.

I am convinced the National Disability Authority will provide the link between Government policy and funding for disability and the services and quality of service that are provided to people with disabilities. I am convinced that it, as an expert body, has a vital contribution to make to informed policy formulation and service delivery from which the current and future Governments will benefit.

I will outline to the House some of the main features of the Bill which is divided into three parts as follows: Part I contains standard and technical provisions; Part II provides generally for the role and functions of the authority and the requirements in relation to its members, chief executive and staff; Part III contains provisions arising from the dissolution of the National Rehabilitation Board.

Part I, comprising sections 1 to 5, contains preliminary and general provisions. Section 1 provides for the short title of the Bill, section 3 provides for the establishment day, section 4 gives the powers to make orders and regulations and section 5 makes provision in relation to expenses.

Section 2 is a definitions section. Disability is defined in this section as follows: "disability" in relation to a person, means a substantial restriction in the capacity of a person to participate in economic, social, or cultural life on account of an enduring physical, sensory, learning, mental health or emotional impairment.

Part II comprises sections 6 to 19 of the Bill. Section 6 provides for the establishment of the authority and for its corporate rights and responsibilities.

Section 7 provides that the authority will be independent in the performance of its functions. Section 8 provides for the functions of the authority. Its principal function will be to advise the Minister and keep him or her informed of developments in relation to any disability of persons which concern issues of policy and practice.

Section 9 requires the authority to prepare and submit to the Minister strategic plans relating to its objectives and strategies. Section 10 empowers the authority, following appropriate consultation, to prepare draft codes of practice aimed at achieving good standards and quality in programmes and services for people with a disability.

Section 11 allows the authority to appoint advisory committees and to engage consultants or advisers to assist it in the performance of its functions. Section 12 provides that the Minister may, with the consent of the Minister for Finance, confer additional functions on the authority. Section 13 gives the authority a right of access to relevant information and data held by a public body except where the information or data sought is of a private or personal nature or its disclosure is precluded by law.

Section 14 empowers the authority to seek information on matters concerning the provision of programmes or services for people with a disability from persons, including public bodies, who have overall responsibility for their provision. Where there is a requirement in law to provide a programme or service to persons with a disability, or where a programme or service for people with a disability is in receipt of moneys provided by the Oireachtas, the authority may seek information regarding the provision of that service and the manner in which it is being provided. Where the authority determines that such a programme or service is not being provided or that it is inadequate or unsatisfactory in any manner, there is provision for the authority to inform the person or body concerned.

Section 15 provides for the submission by the authority of an annual report to the Minister and for the laying of each such report before each House of the Oireachtas. The section also empowers the authority to make other reports to the Minister and, where these relate to its role in monitoring standards and codes of practice in programmes and services provided to people with a disability, it empowers the authority to make recommendations for the review, reduction or withdrawal of any moneys provided by the Oireachtas for a programme or service.

Sections 16 and 17 are standard provisions covering grants and the accounts and audit of the authority. Section 18 provides for the procedures and business of the authority. Section 19 contains standard provisions relating to the seal of the authority. Section 20 provides for the membership of the authority. The authority will comprise a chairperson and 20 ordinary members, including an elected member of its staff.

Sections 21 to 24 deal with the terms of office of the members of the authority, the filling of casual vacancies and the meetings and proceedings of the authority. Section 25 provides for the appointment of a chief executive of the authority. The first chief executive will be appointed by the Minister and, thereafter, the chief executive will be appointed by the authority. Section 26 deals with the functions of the chief executive. Section 27 provides for the appointment of persons as staff of the authority. The authority is required by the section to have regard to arrangements for conciliation and arbitration in place when determining the terms and conditions of its staff.

Section 28 places a requirement on the authority to put in place a scheme or schemes for granting superannuation benefits to or in respect of its staff.

Provision is made that where a member of staff was, immediately prior to his or her appointment to the authority, an officer or servant of the National Rehabilitation Board, the terms and conditions of the superannuation benefits granted under a scheme made by the authority shall not be less favourable than those which previously applied.

Sections 29 to 33 are standard provisions relating to the disclosures, declarations and disqualifications relating to the authority. Section 34 provides that a review of the legislation is to be initiated not later than three years after the establishment of the authority.

Part III comprises sections 35 to 38 of the Bill. This Part provides the necessary link between the Health (Corporate Bodies) Act, 1961 and the provisions of this Bill in relation to the authority and the other agencies and Departments concerned. These sections deal with issues arising as a result of the dissolution of the National Rehabilitation Board and the transfer of the staff, assets and liabilities of the board to the authority and the other agencies and Departments involved in the new infrastructural and administrative arrangements. The necessary orders to effect these transfers will be made by the Minister for Health and Children under the Health (Corporate Bodies) Act, 1961.

Section 35 is a definition section in relation to this part of the Bill. Section 36 makes provision in regard to pay and conditions of service of members of staff of the authority who, immediately prior to their appointment, were serving as officers or servants of National Rehabilitation Board. Except where there is a collective agreement negotiated with a recognised trade union or staff association concerned, such members of staff shall not, while in the employ of the authority, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service than they had been entitled to before their assignment to the authority.

Section 37 extends the scope of section 7 of the Health (Corporate Bodies) Act, 1961 to include the authority or other public body. The public bodies concerned are in effect, FÁS, under the Minister for Enterprise, Trade and Employment and Comhairle and the new information service being established under the Minister for Social, Community and Family Affairs. As a consequence, the Minister for Health and Children may, with the consent of the appropriate Minister, make orders to transfer or assign property enjoyed, or liabilities incurred, by the National Rehabilitation Board which have not been discharged prior to such transfer or assignment, to the authority or other public body.

Section 38 makes a further link with section 7(2) of the Health (Corporate Bodies) Act, 1961 by providing that the Minister for Health and Children may make an order under that Act for the dissolution of the National Rehabilitation Board and the transfer of property rights and liabilities, not transferred to the authority or other public body under section 37, or of staff, not appointed to the authority or other public body. These provisions deal with the dissolution of the National Rehabilitation Board and the relocation of departmental responsibility for its functions, assets and staff.

I am grateful to the board for the work which it has done over the past 30 years. I also commend the NRB and its staff for the way in which it has contributed to the changes being introduced and for being at the forefront of the call for this change. I am confident that its staff, who will transfer to the new structures, will continue to provide excellent standards of service for people with a disability.

I commend the National Disability Authority Bill to this House.

Ms Fitzgerald

I welcome the opportunity to make a contribution on this important Bill. In doing so I acknowledge the work the Minister of State has done and her commitment to issues relating to disability over a long period.

This important Bill seeks to establish on a statutory basis an authority which will, in the words of the explanatory memorandum empower and enable people with a disability to achieve and exercise their economic, social, political and civil rights. We are talking about 10 per cent of the population. We are talking about their lifestyle, their opportunities and how they are treated in society.

The raison d'être for this Bill and for the NDA, which it statutorily establishes, comes from the recommendations of the report of the Commission on the Status of People with Disabilities, entitled A Strategy for Equality.

One submission to the commission stated:

People with disabilities do not want to be pitied nor do they want their disabilities to be dismissed as of little importance. All that is required is a little respect of basic needs and rights. Surely that is not too much to ask.

It is disturbing and, indeed, distressing to read the commission's conclusion which stated:

People with disabilities are the neglected citizens of Ireland. On the eve of the 21st century many of them suffer intolerable conditions because of outdated social and economic policies and unthinking public attitudes. Changes have begun to come about influenced by international recognition that disability is a social rather than a medical issue.

I welcome this change, which is reflected in the legislation.

The commission further states:

Many of the changes have been piecemeal. Public attitudes towards disability are still based on charity, rather than on rights, and the odds are stacked as we approach the 21st century against people with disabilities at almost every turn. Whether their status is looked at in terms of economics, information, education, mobility or housing they are treated as second class citizens. They want, and are entitled to, equality and full participation as citizens.

The commission comprised representatives of a huge number of organisations dealing with disabilities. That is the background and culture from which the national disability authority emerges.

I welcome the move to mainstreaming but extraordinary care must be taken to monitor and evaluate how it is working. It is easy to lose specialist services and positive action when such a move takes place. This has been experienced in other areas. However, I welcome the Minister of State's statement that positive action initiatives will not be lost in this move. I cannot emphasise enough their importance.

People with physical, sensory or learning disabilities, and those with mental handicap, their families, advocates and carers have for too long heard words such as "mainstream", "integrate", "power" and "enable". They have experienced and continue to experience marginalisation, exclusion and powerlessness. I am constantly struck when I talk to certain individuals about the problems they face in terms of accessibility, for example, by how much each of them continually must reinvent the wheel, how difficult it is and the great strength and courage they need to take on the system.

For example, last December John Doyle held a vigil outside the headquarters of CIE to protest at the lack of wheelchair accessible public transport. When interviewed on radio, he described how, in order to use public transport, he must be carried on to a bus and be willing to crawl on the bus. I am sure that Dublin Bus and the Minister for Public Enterprise, who has political and administrative responsibility for public transport, did not set out to deliberately exclude John Doyle and other wheelchair users. They have plans to increase the wheelchair accessible bus fleet, but not for some time. The order for 150 new non-wheelchair accessible buses was to answer the need for an expanded bus fleet. That the buses are not accessible to wheelchair users was seen as almost incidental. The needs and rights of persons with disabilities were yet again overlooked when the order was placed.

Despite commitments from successive Governments, the priority afforded to the needs and rights of persons with a disability in Partnership 2000, the recommendations of reports such as Towards an Independent Future and A Strategy for Equality and the raising of public consciousness of people with disabilities, their families, carers and advocates, change is coming about painfully slowly. However, we are entering a new era and given the number of reports that have been commissioned, the new consciousness that exists and the commitment on all sides of this House, the pace of change will accelerate.

That disability issues were primarily viewed as medical and, therefore, came under the auspices of the Department of Health was a contributor to marginalisation and a barrier to full integration. It is welcome that in recent years a social mode to mainstreaming services for people with a disability has been adopted.

The first dissenting voices among disabled people were heard in the 1970s and in the 1980s and 1990s disabled people began to organise effectively to take more control of their lives. Many reports were commissioned but the implementation of recommendations must appear to many, who require enhanced services, to be happening at a snail's pace.

The empowerment of those with disabilities within organisations which fight for new services and represent the disabled is extremely important. It is generally agreed that many services adopted a paternalistic approach to those to whom they were providing such services in the past but, thankfully, that is changing. However, the new authority will have a pivotal role in ensuring that public policy will not only pay lip service to mainstreaming and inclusiveness, but will deliver on its many aspirations. This will not be an easy task and it is vital that it is seen to tackle the many and varied obstacles which remain in the way of people with disabilities.

Unfortunately, they include lack of services for many people, which I will outline later. I already mentioned the inaccessibility of public transport in Dublin and it is not a problem unique to the capital. It is felt acutely in rural areas where there may not even be a bus service. The new authority I hope will demand that in future public transport vehicles, which are not fully accessible to all citizens, will not be purchased. The same problem applies to taxis. It is evident that, while recently issued taxi licences were contingent on the provision of wheelchair accessible vehicles, there is not a similar onus on taxi owners or companies to use their taxis to transport wheelchair users. Recent evidence suggests that the owners and drivers of such taxis sometimes prefer to use their vehicles to transport people with a great deal of luggage or those encumbered with sets of golf clubs rather than those for whose needs the taxis were supposed to cater. This scandal must not be allowed to continue. The licensing authority for taxis is a publicly accountable body and the taxi lobby is a powerful voice in Dublin. We hope the NDA will have a more powerful voice and that wheelchair accessible taxis will be available for hire to those who really need them. If that were the case people would not need to highlight this issue on radio or at constituency clinics.

How much more empowered or mobile are people even in a brand new wheelchair if they cannot get on a bus? How much more independent are they if they cannot get a taxi? How mainstreamed are they if they cannot travel on main streets or access public buildings? Until the arrival of former Senator, Brian Crowley, this building, the seat of Parliament, was inaccessible to wheelchair users. We are only now focusing on the exclusion of a sizeable proportion of the population from easy access to public facilities. I welcome the recent moves by the Minster for the Environment and Local Government to address this problem.

The review group on health and personal services for people with physical and sensory disabilities referred to various problems. It highlighted a lack of comprehensive data on numbers and service needs; inadequate access to information on service provision; disparities in eligibility criteria between health board areas and even within health boards; inadequate statutory financial funding for individuals; uncertain funding of voluntary organisations and shortfalls in service relating to therapy, day care, counselling and home support. All Members are aware of how serious that problem is.

There are still relatively few supports for a carer looking after a young physically handicapped child at home in terms of occupational therapy, home help and nursing care. I am fre quently struck by the dearth of such services and how difficult it is to obtain them. The report also highlighted uneven geographic distribution of services, inadequate transport services, inadequate co-ordination of services and poor consumer choice. It is a litany of disaster and the recommendations in the report are designed to overcome these inadequacies, uncertainties and shortfalls. Whatever excuse there was in the past, one hopes that in the current economic climate the Minister will obtain the necessary resources to begin to address this area which has been neglected over a long period.

An important recommendation in the report is the establishment of a database which would allow all statutory and voluntary agencies to ascertain the scale of the problem. This, in turn, would allow for proper planning and financial provision to be made to address the needs of the thousands of people who lack even the most basic supports. Everyone agrees that the national intellectual disability database has proved invaluable in establishing the numbers of people with mental handicap requiring a service. Information is power, and if one has the basic data the services needed can be planned and delivered. It is amazing no such database is available to identify the needs of those with a physical or sensory disability. Without the information gathered by voluntary agencies, we would have no idea of the number of citizens with a physical or sensory disability.

The Irish Wheelchair Association has done valuable work in establishing that, of its members, 2,667 people do not benefit from day activity or development. One of the points many people have made recently is the number of people in wheelchairs one sees in the new shopping centres, which are wheelchair accessible. Many people in wheelchairs who were not able to go shopping are now able to access those shopping centres and that is welcome. However, it highlights the secret lives so many people had to live before these shopping centres and shops generally became accessible.

There is still a huge number of people, almost 3,000, who do not benefit from any day activity or development. Some 1,200 are physically isolated and are prisoners in their homes, 1,100 require aids and appliances and 1,300 require personal assistance for basic needs such as dressing and feeding. The personal assistant scheme is invaluable and those who use it to whom I have spoken cannot say enough about how wonderful it is and the freedom it gives them. It is difficult to recruit people to that service. The NDA should give special attention to it because it is a scheme which offers great support and opportunity to those who are disabled.

It must be asked how many thousands more who are not members of the IWA require services. Other voluntary organisations working in the sector have carried out equally valuable work in assessing the needs of their members and the people who avail of their services. However, there is a need for a national database.

I welcome the fact that the new authority's remit will include the collection and assessment of data. I hope it will also include the compilation of a database. In response to a question tabled by my colleague, Deputy Theresa Ahearn, the Minister for Health and Children stated the Department has established a database development committee which is preparing detailed proposals for the development of a database. I hope the NDA will have an active role in ensuring the database is used to establish the true extent of the needs of this sector, that the discrepancies in services outlined earlier in the various regions will be eliminated, that we will aspire to a national standard of services and that there will not be this huge variation which exists at present.

The national intellectual disability database will give very useful information to the new authority and will also indicate the scale of the task to be undertaken. The database identifies almost 27,000 people with a mental handicap or intellectual disability. Of these, 604 receive no service from the State, 22,800 are receiving some service, and almost 1,500 await residential and respite care, which is one person in every 20 on the database. Many also await day care. I have further statistics which I do not have time to quote, but those I have given outline the scale of the challenge facing the NDA.

The Department of Health and Children says the average age of those requiring residential placement is 31.6 years. These are very young people who have a life ahead of them and who need more support than they receive at present. The average age of those requiring day places is 35. The age profile of those identified as requiring these services has a significant implication. Elderly parents are caring for middle aged and older sons or daughters. Parents in their 70s and 80s are caring for their adult, mentally handicapped sons and daughters. Apart from the daily physical and emotional demands on them, there is the fear of what will happen to their child if they die or become incapacitated. This is a major problem for people and, if they can be assured there are good quality day and residential services in their locality, it will at least give them some reassurance about the future.

This is the challenge facing service providers, statutory and non-statutory, and it is the challenge for the National Disability Authority. The success of the authority, while not a service provider, will be measured against its performance in ensuring targets are reached and deadlines met in terms of services. One can see the difficulty of meeting targets in this area. The public service currently has a target of 3 per cent employment of those with a disability. I do not believe that has ever been met and an interesting question is what sanction the NDA will bring to bear on the public service. The authority will have to have the powers and sanctions to compel agencies, includ ing those of the State, to comply with their obligations.

The Bill is welcome. There are, however, a number of areas which give cause for concern. Section 8 sets out the functions of the authority, and section 8 (2)(d) specifies one of the functions as:

To monitor the implementation of standards and codes of practice in programmes and services provided to persons with disabilities and to report to the Minister thereon;

Perhaps the Minister of State could state what the term "monitor" means in these circumstances. It is essential there is clarity in the legislation in the setting of standards and the monitoring of services between all agencies. We must be careful in framing the legislation to ensure there can be no confusion of responsibilities. For example, what relationship will there be between the schools inspectorate and the NDA regarding special schools? Perhaps the Minister could address that. Are links envisaged between the NDA, the Office of the Ombudsman and the new social services inspectorate and, if so, what will they be? How will the new authority interact with the new Eastern Regional Health Authority, which will, according to the Bill establishing it which is currently before the House, oversee the provision of all health and personal social services in the region, and which is charged with putting in place systems to monitor and evaluate the services provided? We were discussing the Bill in the House yesterday and it is important the mode of interaction and the links which will be built between the National Disability Authority and the Eastern Regional Health Authority be worked out, especially the lines of communication and the breakdown of responsibilities between the two.

Many voluntary organisations are concerned there is no grievance procedure for individuals provided within the remit of the NDA. It has been said that sufficient grievance procedures exist under the Employment Equality Act as well as through the Ombudsman. However, given the wide monitoring remit of the proposed authority, and having regard to services provided to individuals, for example, those with severe learning difficulties or mental handicap, should the legislation not also provide a grievance procedure, since the remit of the NDA covers the most vulnerable people in society? Is it not a deficiency in the legislation that it provides no recourse for an individual to make a formal complaint about services or the lack of them? This is of concern to many voluntary agencies and is something I hope can be addressed in greater detail on Committee Stage.

I am delighted the composition of the membership of the authority is heavily weighted in favour of people with disabilities, their representatives, families and carers. All the people appointed are knowledgeable and committed in their own right. That said, there is a perception, right or wrong, that the members appointed from individual agencies were appointed without full consultation with the agencies of which they are members. There is a perception that individuals were appointed who happened to be members of a certain agency rather than formal representatives of the agency concerned. I am worried this perception might dilute the authority of the board. Perhaps the Minister of State would explain the ethos behind the appointments. It may not be a problem, but I would like the Minister of State to address it.

Regarding the chair of the new authority, there is an implicit issue of conflict of interest in that the chair of the new authority, a woman of the highest expertise and integrity, comes from one of the main services providers whose service provision will be monitored by the authority. I raise this because it may be in the chairwoman's interest in a situation such as this, and for future possible appointments of people from the main services providers, that there be guidelines regarding conflicts of interest laid down by the authority. Decisions will obviously arise which will concern or affect the agency from which the chair comes in terms of services and allocation of resources and finance. It would be helpful to persons who finds themselves in that situation if there were clarity about it.

There is concern among staff of the NRB, to whom we should pay tribute on their excellent work over 30 years, that there will be a diminution of services, not in relation to the transfer to FÁS but specifically in relation to Comhairle. I have fond memories of the NRB where as a young social worker I completed my first placement. I was struck then by the high standards of service. In the creation of the new structures people with disabilities should have a net gain in service provision. Those involved in the excellent specialist services in the NRB have gained expertise during the years. This should be transferred to the new organisation. Mergers present great difficulties for staff. There is a need, therefore, to provide support and reassurance that their expertise is valued and will be retained. The Minister of State should pay particular attention to this issue and take action to ensure this is done in the best possible way. There is a need for management to provide information on what is happening to staff.

The requirement to achieve a transfer of services to the different entities without an increase in resources may be problematic in relation to Comhairle and, to some extent, the NDA. The staff must be listened to. They must be given an opportunity to voice their concerns if the NDA is to work effectively.

All the official documents and reports on delivery of policy and services for people with disabilities have common aspirations – quality, accountability, effectiveness, value and partnership. The challenge for all the voluntary and statutory agencies, the NDA in particular, is to translate these aspirations for better services for people with disabilities into reality. It is essential to get the Bill right and vital that the authority has a clear mission from the outset. Ambiguity in relation to responsibilities or conflict in regard to relationships with other monitoring bodies could be damaging. The authority must have the confidence and support of everyone involved in the disability sector, not least those with disabilities. It would be unforgivable if we were to fail them yet again.

Ms O'Sullivan

The establishment of a National Disability Authority was one of the recommendations of the report of the Commission on the Status of People with Disabilities, A Strategy for Equality. In that context I welcome the legislation. The authority will prove a valuable watchdog and guarantor of services. I congratulate the Minister of State on her commitment to equality issues. I question, however, the commitment of the Minister for Justice, Equality and Law Reform and the Department in terms of the priority given to equality issues. Equality legislation is not given the place it deserves. It would be better to have a separate Department of Equality and Law Reform.

Yesterday the Tánaiste indicated on the Order of Business that the Equal Status Bill is not expected until after Easter. This is disappointing. We were informed initially that it would be published by the end of 1998. We were then informed it would be published before Easter. That Bill would make a significant difference in protecting the rights of people with disabilities and the other categories catered for. The implementation of the Employment Equality Act is also awaited. There should be no further delays with regard to this legislation.

At the weekend I attended the annual SIPTU women's conference in Ennis at which widespread concern was expressed among the hundreds of delegates that the Equal Status Bill is still not available to those who need a mechanism for redress. I congratulate SIPTU on producing an excellent guide to the Employment Equality Act, by Donnacha O'Connell, which was launched at the conference and which will prove most useful. The focus at the conference was on the position of women.

Other groups are anxiously awaiting these measures. I received a letter on the subject last week from the Limerick Travellers Development Group and draw the Minister of State's attention to an incident in Limerick reported on the front page of the Limerick Leader where three traveller women alleged they were refused entry to a cinema for no obvious or stated reason. They could take action under equal status legislation. A study commissioned by the western province of the Sisters of Mercy published this week reveals a disturbing level of intolerance of asylum seekers, refugees, travellers, gays and lesbians. People with physical disabilities were discriminated against by Dublin Bus when before Christmas it purchased new buses which are not wheelchair accessible. Deputy Fitzgerald dealt in detail with the question of access to transport. This could have been addressed with an appropriate section in an equal status Bill. I included such a section in my Bill published in December. Equality issues should be placed centre stage.

This legislation should be stronger. The commission in making its recommendations in this regard envisaged a stronger Bill which would have teeth and which would ensure the rights of people with disabilities are vindicated. The role of the authority will be to monitor and make recommendations on standards rather than enforce the equal rights of people with disabilities. How will the legislation improve access to and standards of service and care? My party will table amendments, as it did in the Seanad, to improve and strengthen the Bill. I hope the Minister of State will be in a position to accept proposals designed to make the authority a body of genuine use to people with disabilities in establishing their right to quality services in accordance with their needs.

I thank the Minister of State for introducing section 15(4) on Committee Stage in the Seanad which provides for sanctions where a service provider is considered to be making less than good use of public money. My colleagues in the Seanad argued strongly for this measure. I welcome the Minister of State's willingness to be persuaded on this.

The authority has been established on a non-statutory basis. The Minister of State is aware of the reservations expressed concerning the make-up of the authority and the selection of the chairperson in particular. The reservations do not question the abilities or qualities of the individual concerned but the fact that she is employed by one of the main service providers. I and many others involved in the disability movement would have expected the chairperson of the authority to be somebody not involved in the provision of services so that the authority's role as an independent watchdog and the setter and guardian of standards would be beyond question. Will the Minister of State consider this issue following the enactment of the legislation? I presume the current board is provisional as it was established before the legislation was introduced. Perhaps this could be examined following the establishment of the authority under statute. I know from representations I received from organisations, which reflect the views of people with disabilities, that they would be more satisfied with an authority chaired by somebody who would not have the role of a service provider, wearing one hat, and that of chair of an independent watchdog for the provision of services, wearing another. I would welcome the views of the Minister on this matter.

I support what Deputy Fitzgerald stated concerning the representatives of other groups on the authority. Ideally, they should not be individuals nominated by the Minister but chosen representatives of the groups concerned.

People with disabilities encounter many difficulties in their daily lives that should be minimised by law and Government spending. These two aspects – the underpinning of rights through legislation and the provision of funding for appropriate services, are interlinked, and I hope the National Disability Authority will play an effective role in ensuring the individual with a disability, whether intellectual, physical or sensory, will not have to constantly fight battles to access his or her constitutional rights and to lead a full socially integrated life from the cradle to the grave.

The practical experience of people with disabilities and their families is that they go from one struggle to another as their needs change and they do not seem to get what they need, as of right. Everything has to be fought for, often against the equally deserving needs of someone else on the waiting list. This should not be the case. It is our duty as legislators to establish a framework whereby people can access what they need without having to struggle for it at every turn.

I know the Minister of State agrees with me that a disabilities Bill will be required to achieve this in a comprehensive way. I again ask the Minister to indicate the timeframe on the proposed disabilities Bill, which is on the Government's legislative programme. It appears to be quite distant and the queue in the Department of Justice, Equality and Law Reform is not going to assist matters. I urge that, as soon as the equal status Bill has been dealt with, focus should turn immediately to this legislation so that the insatiable demands from the justice side of the portfolio are not allowed to swamp the equally important, but unfortunately not equally prioritised, equality side of the portfolio.

A disabilities Bill should seek to ensure the onus is on the State, not on the individual or his or her family, to provide for each person's requirements as they grow and develop. I have begun to research legislation, particularly in the US and in other EU countries, to see what we can hope to achieve and learn from the positive and negative experiences of other jurisdictions which are further advanced than us in this regard. Norway, for example, appears to have been successful in integrating and providing for people with disabilities.

This is a matter for the future but, by keeping pressure on the Minister, I intend to ensure it is for the near rather than the distant future. Focused legislation is essential to fully safeguard the rights of people with disabilities. It will be necessary to propose an amendment to the Constitution to ensure property rights do not supersede individual human and personal rights in a way which excludes people with disabilities from full participation in society.

To return to the Bill before us, people with disabilities need to have an appropriate forum and an effective body to ensure their needs are provided for. Inevitably, a number of Departments are involved, and I welcome the statement in the Minister's speech that it is the intention that the National Disability Authority will fulfil this role in drawing together the various aspects of the rights of people with disabilities covered by different Departments. I hope the authority strengthens the case for adequate funding for needs already clearly identified. For example, the national database of people with intellectual disabilities, to which Deputy Fitzgerald referred, and the local co-ordinating committees have listed and tabulated the unmet needs of people with intellectual disabilities for residential and day care places, community services and supports. In my region, for example, there is an identified urgent need for an additional 76 residential places and 81 day care places, but the Mid-Western Health Board has received funding to pay for only an extra 19 residential and 17 day-care places this year.

Having established a database and a representational implementing committee in each health board area, and in the current buoyant economic climate where the Minister for Finance has such a healthy surplus in his coffers, there is no justifiable reason for not providing for the services which are clearly required. This shortfall has been highlighted tirelessly for many years by the national body which represents parents and friends of those with an intellectual disability. I commend Mr. Ger South of the Limerick Parents and Friends of the Mentally Handicapped, who has done trojan work to highlight this issue with all political parties, whether in power or Opposition. It is that kind of lobbying which has been extremely effective in raising this issue, but we have not responded adequately to it. The money is in the coffers now and it simply must be released.

Other bodies, like the Irish Wheelchair Association, have identified urgent needs for other people with disabilities, particularly the need for aids and appliances, day care centres and physical access to buildings and services. I know there is a shortage of community-based professionals, such as occupational therapists, which can often mean having to wait for months for a necessary appliance or service.

This week the rigidity of the conditions under the disabled driver's scheme has been exposed by a blind man who is dependent on his wife to get around. There are two unresolved cases on my books, where the individuals concerned have a medically verified disability which requires alterations to their cars, yet these have been questioned and I do not know if they will be accepted under the disabled driver's scheme.

Last year I dealt with a young man who has frequent seizures and needs a special seat in the passenger side of his parents' car so he can be taken out by his mother when he has a seizure without her having to manoeuvre him around in a way which is impossible if he is highly distressed and physically unable to control his movements. It was a long struggle to have the validity of this case accepted.

I urge that there be more flexibility in that scheme; in my experience it is extremely rigid. Life is difficult enough for such parents without having to battle with the system. I hope the disabilities authority plays a positive role in taking some of this burden away from individual families. I am sure other Deputies can cite similar examples.

Fighting for their rights takes its toll on families which are already coping with more than the rest of us. Access to appropriate education should be easier, not harder, for children with learning difficulties, whether they are severely handicapped, autistic, mildly mentally handicapped, which would allow them to be integrated into regular State schools or with conditions like dyslexia, ADD and ADHD, which require particular teaching expertise to allow the child to participate to his or her potential in the educational process and in social and economic life.

I acknowledge the money which was allocated in the budget to provide for some of these children but it is not nearly enough to respond to the needs. I urge the Department of Education and Science to stop giving us replies to parliamentary questions on conditions such as dyslexia and ADD which state that remedial teachers can deal with all of this. They are not trained, resourced or provided in sufficient numbers to do this.

On Monday night, I attended a public meeting in Limerick – a follow-up to another one two weeks ago – of parents of children with dyslexia who were trying to keep open a school which was set up privately to respond to the needs of dyslexic children and which is having great success in changing radically for the better the lives of many children in the mid-west and in other areas outside the region. These parents are not only fighting to keep the school open but to ensure the education system follows up on these problems so that their children are not the privileged few who have been able to benefit from diagnosis and expertise. They want the Department of Education and Science to cater within the system for such children who are estimated to represent as much as 10 per cent of the population. These parents are holding table quizzes and putting groceries into bags in supermarkets to raise funding to give their children a chance, but they are aware that this should be available to all children who need it. I hope the disability authority will have a role in nudging the Department of Education and Science into recognising its responsibilities to these children.

Similarly, the mid-west support group for ADD and ADHD made a presentation to the Joint Committee on Health and Children last week which portrayed the chaos in families which must cope with a child with ADD who has not been diagnosed, treated or appropriately provided for. I hope the disability authority also plays a role in making progress in this regard. The reason I refer to organisations from the mid-west is that I know the work they do, but I am sure similar organisations are doing similar work in other parts of the country.

In her contribution, Deputy Fitzgerald outlined many other shortfalls and gaps in the service. I hope these will be addressed under the aegis of the National Disability Authority. I support her call for a comprehensive database on the variety of disabilities similar to the one that already exists on intellectual disabilities.

There are a number of other areas where useful work can be done. I hope the authority will carry out a disability audit on the work and work places of Government Departments, local authorities and health boards, and any new measures or proposals that will impinge, either negatively or positively, on the lives of people with disabilities. Mainstreaming will not happen unless it is in the mind of everyone who plans, designs, recruits or carries out other such functions; Dublin Bus is a good example of this.

The 3 per cent employment quota for people with disabilities in public bodies should be strictly monitored and examined for its quality as well as its quantity because job satisfaction is just as important to a disabled person as to anyone else. Disabled people should be given the opportunities generally available to prove their abilities rather than have the focus on their disabilities.

On Tuesday the Forum for People with Disabilities called on the Department of the Environment and Local Government to enforce the implementation of section M of the building regulations claiming they are frequently breached. The authority and the Minister must ensure that access officers are in place and are doing their job in an effective manner. It is important that local authorities are vigilant in relation to obstructions, particularly on footpaths. Advertising signs, etc. are frequently placed on footpaths which cause obstruction and there is an onus on local authorities to monitor that and ensure it does not happen.

This week the National Training and Development Unit pointed out that services such as bank ATM machines and public telephones often cause insurmountable difficulties for people in wheelchairs. This thoughtlessness on the part of key service providers is inexcusable. The National Disability Authority should pay immediate attention to these organisations and ensure they respond.

Because these issues and others need to be addressed, I am concerned that the new National Disability Authority has the necessary powers to effect change and enforce rights. The amendment made in the Seanad on section 15 goes some of the way towards this but I would prefer to see sanctions clearly spelled out and a mechanism in place that would enable people with disabilities and their families use the authority as a champion of their individual rights across the spectrum.

Another aspect of the Bill we sought to amend in the Seanad and which we will again address on Committee Stage is the number of staff representatives on the authority. The number should be increased from that which is currently allowed and I intend to table an amendment in that regard.

I acknowledge the excellent work done by the NRB over the years and I hope there will be a seamless transfer of its responsibilities.

In welcoming the new authority, we must ensure there is not a duplication of work done by other bodies such as the Equality Authority that will be set up under the Employment Equality Act, the National Council for People with Disabilities and the Disability Federation. It is the Minister's responsibility to ensure this does not happen.

This legislation is welcome but I will endeavour to strengthen it in the course of its passage through the Dáil.

Mr. Collins

The rights of disabled people must be paramount in any society. The economy is performing well at this time. Growth rates are set to reach 10 per cent this year but the Celtic tiger is not worth its name unless the disadvantaged in our society are given the maximum assistance to improve their standard of life and quality of living.

It is incumbent on the Government, and ourselves as legislators, to implement legislation which ensures that the rights of disabled people are protected and enhanced. That is the reason I welcome the Bill before the House.

I will refer to the provisions of the Bill and future policies the State may implement to improve the lives of disabled persons and their families. The main emphasis of the Bill provides for the establishment on a statutory basis of a National Disability Authority. The purpose of this authority will be to empower and enable people with disabilities to achieve and exercise their economic, social, political and civil rights. These are basic constitutional rights and the NDA is now entrusted to advise the Government on key policy changes which may be brought about to improve the lives of disabled people. Its primary role will be to support the development of standards, identify current best practice and monitor the implementation of standards. The National Disability Authority will operate as a support to other organisations and secure their co-operation in developing state of the art standards and policies at international level. It will commission independent research and promote innovative projects in the disability sector.

The National Disability Authority will not of itself be a service providing agency but will function as an expert body dedicated to research and development of disability related issues and as an independent monitoring body reporting directly to the Minister for Justice, Equality and Law Reform. As a dedicated body, the NDA will be a source of guidance and support to the main stream service providers in fulfilling their responsibilities.

The main provisions of the legislation merit close analysis. Section 9 requires the authority to prepare and submit to the Minster at three year intervals plans relating to its objectives and strategies. Section 11 empowers the authority to appoint advisory committees and engage consultants or advisers to assist in the performance of its duties. This is a sensible proposal for the simple reason that it would be unfortunate if the authority was not given the appropriate tools to carry out its duties in a uniform and composite manner.

Section 12 provides that the Minister for Justice, Equality and Law Reform may, with the consent of the Minister for Finance, confer additional powers and functions relating to the disability of persons on the authority. This is a welcome provision given that the NDA may wish to seek additional powers if its mandate is to be performed to its optimum.

Under section 13, the authority is to be given a right of access to information and data relevant to the disability of persons and held by public bodies except where the information or data sought is of a private or personal nature or its disclosure is precluded by law. This also means that the authority is entitled to seek information on matters concerning the provision of programmes or services for persons with disabilities from public bodies and other persons with overall responsibility for their provision. Where, in the opinion of the authority, certain programmes or services for persons with disabilities are not provided or are inadequate in their provision, the authority is required to inform the person or body concerned of its opinion.

I welcome that the NDA is obliged to submit an annual report before the Houses of the Oireachtas for our consideration. This will give us an opportunity to contribute to the working of the NDA in a positive and constructive manner.

Section 20 provides that the authority shall comprise of a chairperson and 20 ordinary members, all of whom will be appointed by the Minister.

Part III of the Bill deals with the transfer of responsibility and functions from the National Rehabilitation Board to the National Disability Authority. Section 36 makes provision with regard to the pay and conditions of service of members of staff of the authority who, immediately prior to their appointment, were serving as officers of servants of the National Rehabilitation Board. Provision is made that, save in accordance with a collective agreement negotiated with a recognised trade union or staff association, such persons shall not, while in the employment of the authority, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service than those to which they had been entitled. As a consequence of section 37, the Minister for Health and Children may transfer or assign thereto, property and rights enjoyed by the National Rehabilitation Board as well as liabilit ies incurred by the National Rehabilitation Board which have not been discharged prior to such transfer or assignment to the authority or another public body.

With regard to the financial resources of the National Rehabilitation Board, Part III also deals with such issues. The resources necessary to establish the National Disability Authority will be drawn in the main from resources of the National Rehabilitation Board which will be dissolved as part of the proposed infrastructural arrangements for mainstreaming disability services. Provision for a further £2 million allocation to the Department of Justice, Equality and Law Reform has been made in the Estimates for 1999.

On a general level, I will analyse national and European Union policies to assist disabled people. The European Social Fund has contributed extensively to aiding the implementation of many programmes in the field of helping disabled groups in Ireland. Under the present round of European Union Structural Funds, 1994-99, Ireland has received close on £120 million to implement initiatives to help the disabled. A sum of £18 million was put aside each year under mainstream ESF moneys while £4 million has been put aside under the HORIZON employment initiative in the 1994-99 period. I am delighted that, of the £1,600 million spent under Europe on social funding during the present Community Support Framework, more than £120 million was spent via the National Rehabilitation Board for important innovative measures to assist disabled people.

I have spoken many times regarding the analysis of how European Union Social Fund moneys will be best spent under the next round of European Union Structural Funds 2000-2006. The Minister for Finance has already stated that the following areas will be given priority funding during the forthcoming round of EU moneys after 1999: youth and long-term unemployment; the promotion of higher standards for adult literacy; assistance to early school leavers; and enhanced drug rehabilitation programmes. The Government should include assistance to disabled people and disabled groups in the national development plan which will soon be sent to the European Commission outlining our economic and social investment priorities for the seven year period 2000-2006.

This year alone, we will have a growth rate in the region of 10 per cent. However, the name, "Celtic tiger of Europe", is not worth the paper it is written on unless appropriate policies and initiatives are put in place to help the less well off in our society. It is without question that disabled people, sadly, fall into this category. It is incumbent on all of us to implement the necessary legislation and allocate the proper resources to ensure that this policy objective is realised. I believe in equality before the law for all citizens. This is a basic constitutional right and the necessary legislation must be implemented to ensure that the human dignity of all the people is protected at all times.

We do not want to live in a two-tier society. Disabled people do not want to live in such a society. Much progress has been made in promoting the rights of disabled people in recent years but much work remains to be done. That is where the new National Disability Authority fits into place. I look forward to working with this authority to improve the lives of disabled people. The new authority's proposals and recommendations will be taken very seriously as they are published. This Government promised it would prioritise the needs of disabled people. It has approached this matter with due diligence and setting up the National Disability Authority is part of this process.

Mr. Belton

I welcome the opportunity to speak on the National Disability Authority Bill. This recognition by the Government of the needs of a section of our society which has often been neglected by State bodies and Government Departments is a welcome development. There is now a greater realisation that people with disabilities deserve at least the same facilities as others. There is also a greater awareness of the role of disabled people. However, there is still a great lack of awareness of the needs of disabled people. For example, the Department of the Environment and Local Government which has responsibility for public housing plans old people's dwellings with baths instead of shower units. Half a minute's thought would make a planner realise that a shower is much more appropriate for an old person's home than a bath. This is a small example of a Government Department spending money on facilities which lack a basic necessity for an elderly or disabled person. Local authority members are frequently asked for help by local authority tenants who wish to install shower units. They are a basic and widely felt necessity. I ask the Minister to ask the Department of the Environment and Local Government to make this item available.

The object of setting up this authority is to bring together people from all walks of life to monitor the activities of Government Departments and to make recommendations. This is a welcome development but I hope this will not be the end of the matter. Will this process of consultation and recommendation become a road block to real progress? I have given one example of a Department failing to consider the needs of disabled people. Within each Department there should be a structure to ensure that when money is spent by that Department the needs of disabled people are considered.

The people who care for disabled people are an important aspect of this question. These people have raised awareness of disability in a voluntary capacity. They raise funds and give time to look after disabled people. The Minister of State should encourage carers to care for people by ensuring they are given the necessary financial assistance.

The planning authorities should insist that granting planning permission is conditional on a public building being wheelchair accessible. Wheelchair accessible facilities should be put in place at construction stage.

The Wheelchair Association in County Longford has a ten year old bus that is not completely roadworthy. I asked the Minister for Health and Children to provide funds to purchase a new bus and I also contacted the local health board about this. I hope funding will be provided to enable the association to purchase a new bus.

I wish the National Disability Authority well. Its members have an important role to play and I hope all Departments will respond positively to their recommendations.

Mr. Enright

I warmly welcome this important Bill. It will be of tremendous assistance to all disabled people. I wish the authority well.

It is recognised that facilities for people with disabilities are required in many areas, but they have not been provided. Access to public transport poses a major problem for people with disabilities. The wheelchair bound find it impossible to board a bus. The Minister promised to provide a wheelchair accessible bus service, but I am sure that is a long way down the road. Continuous pressure will have to be put on him to ensure wheelchair accessible buses are provided on all bus routes. I appreciate that all buses cannot be wheelchair accessible, but a proportion of buses throughout the country should be wheelchair accessible and operate at specific times to facilitate people with disabilities.

There are only a limited number of wheelchair accessible taxis operating. This has been highlighted by people with disabilities, on radio programmes and in newspaper articles. Taxi drivers claim that it costs a good deal of money to adapt a taxi to make it wheelchair accessible and the number of calls they get to transport people with disabilities are not sufficient to make it viable for them to provide a service solely for people with disabilities. A co-ordinated effort should be made. The National Disability Authority should consult taxi drivers to ensure that a sufficient number of taxis will be available to provide a service for people with disabilities. If necessary, a subvention should be given to taxi drivers who will provide such a service to ensure they can earn an adequate income.

Access to trains poses a major problem to people with disabilities. It is essential that a concentrated effort should be made to address this problem. That has not happened to date. Having to cross railway bridges to gain access to platforms poses a problem not only for people with disabilities but for the elderly. This problem should also be addressed. It will be costly to address this problem of access, but wheelchair accessible facilities must be provided in railway stations.

The media could play a major role in highlighting the lack of wheelchair accessible facilities in public places. I am a member of Offaly County Council which operates out of the courthouse in Tullamore, which is not wheelchair friendly. As it is virtually impossible for people with disabilities to gain access to that building, voting no longer takes place there. It is difficult for people with disabilities who wish to transact business with the county council or who have to attend court hearings to gain access to that building. A new premises is to be provided, but in the interim we must continue to put pressure on the powers that be to ensure facilities are provided in that public building for people for disabilities. As a member of that local authority, I am annoyed about the lack of adequate facilities.

Hotels have made a genuine effort to provide wheelchair accessible facilities. I congratulate those who have provided wheelchair accessible toilets and other facilities. However, I am disappointed that banks and other financial institutions and shops have not provided these facilities. Banks are highly profitable organisations, but the majority of banks and buildings societies are not wheelchair accessible. A campaign should be mounted by the new authority, the media and by those who are concerned about the lack of such facilities to ensure they are provided in banks, building societies and shops. It is imperative that such facilities are provided. The boards of the different banks should give priority to addressing this problem. I appeal to the chief executive officers in the major banks and building societies to ensure this problem is addressed.

A range of areas need to be examined in the context of providing for the needs of people with disabilities, but people have to be able to gain access to services to have control over their lives. If people with disabilities are unable to gain access to services which most of us take for granted, they are being hindered in their daily lives.

There is a considerable number of people with disabilities. The Irish Wheelchair Association has carried out very considerable work in this area. It has established through its research that 2,667 people do not benefit from day activity or development of any form. A startling statistic is that 1,248 of those are totally physically isolated and are effectively prisoners in their own homes.

About 1,150 people required aids and appliances. I have had to make representations on occasion to the Department of Health and Children or to health boards to have aids or appliances provided. The levels of bureaucracy and delay involved are intolerable. I hope the National Disability Authority, in conjunction with the operation of the Freedom of Information Act, will be able to highlight the very frustrating delays encountered by people who apply for aids and appliances. Approximately 1,375 people also require personal assistance with basic needs, such as dressing and feeding.

The intellectual disability database identified 26,694 people with a mental handicap or intellectual disability, which is a very large figure. We must assist those people in the future. Approximately 600 such people are receiving no services at all from the State, and approximately 22,000 are receiving some service from the State. Over 1,000 people are waiting for the provision of day care.

I know a person over 85 years of age who was living alone, had a stroke and went to hospital. She found suddenly that she was going to be discharged from hospital. She had no cousins nearby, was unmarried and had lived alone all her life. She was being sent back to her own home with no one to look after her. I made representations about it and she has been provided with temporary accommodation. There is a real problem there that needs to be addressed.

There continues to be a problem for parents who are advancing in age and are caring for their mentally handicapped children. Such parents are very concerned about their sons and daughters whom they have looked after all their lives and managed to keep in their own homes. That area is not being addressed as fully and adequately as it requires. I hope this new authority will try to understand the sensitivities, worries and genuine sadness felt by many of these parents when they realise they are becoming infirm and advanced in years and that no proper provision is being made for their sons and daughters.

I welcome the Bill.

Mr. Browne

(Wexford): I welcome the Bill and compliment the Minister on looking positively at the need for an authority to deal with the whole area of disability, which has been neglected for far too long by various Governments.

I am not sure the National Disability Authority will resolve many of the difficulties experienced by disabled people. We have a major problem, in that the Departments of Health and Children, the Environment and Local Government, Social, Community and Family Affairs and Justice, Equality and Law Reform are all involved in looking after the disabled. There is very little co-ordination or organisation of the whole area.

Perhaps the Minister should have looked at having regional authorities rather than a national disability authority. National authorities tend to become bogged down in bureaucracy and red tape and it is very difficult for them to deal with the day to day problems encountered by the disabled. I have a vested interest in this, in that my daughter is disabled and confined to a wheelchair. Many of the difficulties encountered by such people cannot be dealt with at national level. The best people to deal with this problem on the ground are the local health boards, working in conjunction with the local authorities.

Who will be the members of this National Disability Authority? Will the people on the ground who are involved in working with people who suffer from disabilities be represented on the auth ority or will the members be officials or people who are friendly with the Minister or a Deputy? Authorities far too often comprise such people. I hope the Minister will ensure that the bodies representing those with Down's Syndrome, spina bifida and so on and those who care for the disabled will have an input into this authority.

Various Governments have made efforts to deal with this issue. However, as Deputy Enright said, many of the problems that existed 20 years ago still exist today. Many of those difficulties could easily be erased by local authority planning officers, An Bord Pleanála and various agencies. There have been major developments in County Wexford over the past five years, all of which have been very welcome, with urban renewal schemes in Enniscorthy and Wexford and seaside resort status. However, when one walks the streets of Enniscorthy or Wexford one usually sees very high footpaths which are not wheelchair friendly. Most of the financial institutions, particularly building societies and credit unions, have developed new buildings over the past five or six years, none of which are wheelchair friendly. With a little thought by the planners and by the companies which spend massive amounts of money on these buildings, many of the hardships encountered by people in wheelchairs could be alleviated.

The Minister for Education and Science, Deputy Martin, has made some efforts in this area in schools. However, the majority of primary and secondary schools do not have wheelchair accessible toilets or classrooms. For reasons best known to themselves, successive Ministers have pointedly refused to fund lifts in two and three-storey schools. Disabled students, whether they use wheelchairs, crutches or walking aids, are usually isolated in a particular classroom. The Minister for Education and Science should seriously consider making more funds available to schools to provide facilities to disabled people. Many people with disabilities may wish to attend mainstream primary and secondary schools but are prevented from doing so because of the lack of facilities.

Local authorities are not particularly friendly to people with disabilities either from the point of view of access or employment. I believe local authorities could do far more to employ people with disabilities. Many people with disabilities have attended second and third level education and acquired a very high level of academic qualifications, yet find it very difficult to obtain employment.

I noted with interest the Minister's comments on the provision of vocational training by FÁS to people with disabilities. This is a welcome move, FÁS has largely neglected people with disabilities over the years in spite of the millions of pounds poured into it by successive Governments and has shown very little commitment to training or securing jobs for them. I hope the Minister will give FÁS a key role in this area and put pressure on it to become actively involved in the provision of training facilities for people with disabilities.

We hear a great deal of talk about the scarcity of employees in various sectors, particularly in the hotel industry, yet hundreds of people with disabilities are still unemployed and in receipt of social welfare benefits. Perhaps a scheme could be devised by the Department of Health and Children in conjunction with other Departments which would make the names of academically qualified disabled people available to various sectors of industry, including the tourism sector, in an effort to find employment for them.

I find it very frightening to see so many young people who are quite capable of working being excluded from employment because of their disability. Employers seem to be afraid to take these people on but that fear must be overcome. They seem to feel that if they employ people with disabilities, they will be absent from work on a regular basis through illness and so on. That is certainly not the case in my experience. People with disabilities who work in local authorities and other sectors of industry probably have a better attendance record than able bodied men and women. They usually love their job and the independence it gives them.

The issue of independence must be considered seriously. In the past, people with disabilities were not accorded the kind of status they deserved. With the advent of the centres for independent living and the vocal groups which work on their behalf, people with disabilities are fighting their case outside the gates of Dáil Éireann, local authorities and health boards. They want to live independently and be treated with the same care and attention as others in the community. In effect, they want to be treated like normal people.

Centres for independent living have been set up in my constituency. People with disabilities have their own community centres, go about their daily business and provide services to the communities in which they live. The care assistants scheme – usually operated through FÁS – provides assistance to people with disabilities on a one to one basis. Such assistance should be put on a proper footing. The Minister has increased his funding allocation to the health boards and recommended that some of it should go towards the centres for independent living. However, health boards, for reasons best known to themselves, may feel it is more important to put money into other aspects of the health services. It is very difficult to persuade health boards to agree to make any substantial amount of funding available for the provision of care assistants to people with disabilities. The Minister should specify the amount of money to be allocated to centres for independent living when he is allocating funding to the health boards. People with disabilities should be facilitated to attend matches, cinemas and so on and to do all the things able bodied people do. I know the Minister of State, Deputy Moffatt, has a direct interest in this area. Perhaps he would consider allocating specific funding to health boards for the centres for independent living or providing it directly to the centres from the Department.

The issue of training must also be given serious consideration. Many people with disabilities tend to drop out of school at a young age. When they reach 16 or 17 years of age, they have no skills, training or trade. This is an area in which FÁS should become involved. It should not be difficult for FÁS to set up a register of people with disabilities in various counties through the Department of Health and Children with a view to aligning people to the type of training or trade they wish to pursue. That would provide them with a focus and an opportunity to access the workforce. Like any other section of the community, if disabled people do not have a skill or a trade, they will find it increasingly difficult to access employment.

The issue of carers of people with disabilities requires serious consideration. Most of the people who look after people with disabilities in their homes do not receive any kind of carer's allowance; if they are considered for one, it is means tested. Mothers, fathers, aunts or uncles may often care for a person with a severe disability up to the age of 30 years or more, yet receive no recognition from the State. There should be an automatic entitlement to a carer's allowance for such people, be it at the same rate as the current scheme or otherwise, as they give of their time and really give up their lives to look after a son or daughter. They get very little respite or time outside the home and are on call 24 hours per day.

It baffles me how a Minister, regardless of what Government is in power, could shy away from specifically examining this area. We all agree that disabled people should work and be part and parcel of the community. I would like to see that as much as possible, but we also know that there are people confined on a permanent basis to bed or to a wheelchair at home. Parents of such people should be given favourable consideration in terms of a carer's allowance regardless of means as any amount of money would not pay them for the type of care and attention they give their sons and daughters. It would cost £700 or £800 per week to keep and facilitate the son or daughter in hospital.

I welcome the establishment of the authority with some reservations. Too often authorities are set up which are not really representative of the people they are supposed to look after and make recommendations for. Too often – and the current Government can be criticised as much as previous Governments – people are appointed to the authorities who do not have experience or the right qualifications. The Minister of State, Deputy Mary Wallace, is directly involved in this area and has been doing tremendous work for people with disabilities. I ask her to ensure the make-up of the authority includes some of the people it is supposed to represent.

I would like to see regional authorities on the basis of health boards or other structures, which would be more relevant and would know more about what is happening on the ground than an authority based in Dublin.

I hope the authority will bring about the necessary improvements for the disabled in our communities, that it will lead to the majority of disabled who want to secure jobs being able to do so, that it will ensure the disabled will be able to move independently about their communities and not have to surmount the different obstructions which are currently in their way, including lack of access to financial institutions and local authorities, inaccessible footpaths, etc. I hope all these issues will be seriously examined with a view to improving the quality of life for the disabled.

The Minister said it is estimated that 360,000 people, or 10 per cent of the population, have a disability and that 40 per cent of these are of a working age. Yet statistics show that only 3 per cent of these people are working. The first duty of the authority should be the organisation of discussions with employers across a broad section of society to ensure that as many of those who want to work can enter employment as quickly as possible.

Mr. Stanton

Broadly, I welcome this initiative. As a nation we are coming of age when we consider people who are challenged in different ways. It is important that we have a wide-ranging debate on this issue, because for too long people who are challenged in different ways have been stigmatised.

I have a problem with the Title of the Bill and I ask that it be re-examined. Are we again labelling people who are challenged by calling this the National Disability Authority? Is it a negative title? Should it not be called the national authority for challenged people? Maybe I am being politically correct and splitting hairs, but it is an important issue. Talking about people who are challenged in different ways automatically draws into the net a whole range of people who have been called "disabled" up to this. In our coming of age perhaps it is necessary to move away from the thinking associated with "disability", a term which is patronising and in some ways ignores the fantastic gifts of many of these people. Who can say whether any of us is not in some way challenged? We are all challenged and perhaps in this context the Title should be examined.

I raise this because of the importance of equality. If we think of everybody as being challenged in different ways and of some people as being more challenged than others, we can encompass much more and can change the psyche of the nation, something which is most important.

How many people are aware of this very important initiative being undertaken by the Minister and which has the backing of almost everybody? I challenge the Minister to make this initiative more widely known. In examining the Bill and the range of different agencies involved, I noticed there seems to be a problem in disseminating information to those who need it about the services and support which is available. I hope this is something the authority will take on board when it begins examining its remit.

There are people who do not know their rights or what they can avail of from the State, local agencies, etc. We must push out the boat much more in terms of making information available. I would like the Minister to incorporate this in the Bill in some manner, perhaps by providing that the authority will have the statutory function of widely disseminating information and raising the national consciousness regarding the difficulties many of our citizens encounter because they are challenged in different ways. I recommend that some kind of information line be set up for those who are challenged. Perhaps one already exists, but if it does I and many others are not aware of it. There must be easy access to information. I am also somewhat concerned by the issue of appeals.

If I am reading it correctly, the authority can recommend to the Minister that funding be reduced or withdrawn from certain bodies if they do not comply with what they are supposed to do. Has the Minister looked at the notion of a mediation body, even as part of the authority, so a mediator would be available if somebody who is challenged encounters a difficulty instead of having to go to court or making a major issue? The mediator could discreetly, confidentially and professionally intervene and mediate between the bodies concerned.

I am sure the Minister is aware that such a mediation programme exists in America and seems to work quite well. Perhaps it is something at which we could look and which the authority will recommend in time. It might be a role which the authority could take on board. We have seen sad high profile court cases and if we had a mediation service in situ, such expense, trauma and confrontation might be unnecessary. It is something the Minister might consider, although I am sure she has already.

Many people are challenged in various ways – I want to try to continue to use that language because it is better than going down the other route – and have severe difficulties. I would like to highlight one or two areas which may not have been highlighted by colleagues. We are aware that people are living longer and, because of that, many of our citizens are afflicted with the awful difficulty of Alzheimer's disease, which is a growing problem. I use this opportunity to highlight this major issue because I am aware of a number of groups interested in setting up centres to assist people suffering from this terrible difficulty. Will the Minister let me know – maybe she would write to me – if there is any assistance available to private individuals who wish to set up day care centres, for instance, or residential centres on a private basis for people suffering from Alzheimer's disease? I would be very interested in that.

Another issue which has been getting a certain amount of press coverage recently is the growing problem of autism and autistic children, and I commend the efforts people are making in this area. I have stressed from time to time the importance of early intervention. Everyone will agree that this is a difficulty which challenges people but if there is intervention prior to pre-school level, studies have shown dramatic improvements can occur and that these people, instead of being challenged by this difficulty all their lives, can lead a normal life. I also refer to three other learning problems – attention deficit disorder, dyslexia and dysphasia. Those suffering from learning problems are perhaps seen to be on the fringes in terms of people who are challenged, but they are very real difficulties for a growing number of people.

Until now religious orders and voluntary groups have taken on the task and the burden – if "burden" is the correct word because for many it has been a vocation and blessing – of looking after people who are challenged in different ways. There has, however, been a decline in the numbers in those orders. I pay tribute to people in those orders who have been doing fantastic work for decades. Unfortunately, many of them have been getting bad press recently because of the misdemeanours and serious crimes of a small number of their colleagues. We must not forget much of the work many of these religious orders have been doing.

I am aware that staff working in some centres run by orders are not paid at the same rate as staff doing similar work employed by State agencies. Is that because of a lack of funding to these orders? It is a serious issue which could result in a certain amount of disquiet and dispute. The Minister would agree with me that it is the last thing we need. I would appreciate if she would let me know the situation, although she may have no responsibility in this area. I would hate to see problems develop.

A previous speaker spoke about great care being taken as regards membership of the authority being set up, with which I concur. We must have people on the authority who are experienced, knowledgeable and in touch with what is happening. It is an important area about which we must be careful.

Access to and facilities in building seem to cause problems for those who are either physically or, in some cases, mentally challenged. It is important certain codes are set down and that State buildings being constructed from now on and business and commercial facilities comply with those codes in terms of accessibility and so on. Many modern buildings, such as hotels, are complying and are working hard to provide suitable accommodation for people who are challenged in various ways. We must ensure, for instance, that cinemas provide assisted listening systems so that people who are hard of hearing or challenged other ways can hear the screenplay. It is important toilet facilities in hotels, restaurants and so on are accessible. If a citizen encounters difficulties as regards accessibility, it would be better to have a mediation service in place rather than having to go to court.

It is important we raise national awareness, which the Minister is endeavouring to do, that we see ourselves as coming of age in this area as we move into the new millennium, that we recognise people are challenged in different ways, that we treat it in a positive rather than negative fashion, that we encourage rather than discourage and that we include rather than exclude. The language we use is very important. The title of this Bill is perhaps a little dated because it uses the word "disability". There is a problem with labelling and keeping us in the 20th century rather than moving into the 21st century.

I mentioned the importance of mediation, an information line and disseminating information on people's rights so they know what is available and how to redress wrongs if necessary. We want to integrate people who are physically and mentally challenged.

A previous speaker expressed concern that the authority would be centralised. It is important, at the very least, to regionalise the authority as those who are challenged often find it difficult to travel. I am sure this will not happen, but rather than sitting in an office in Dublin, members of the authority must reach out to every home in which there is a person who is challenged. The authority should also establish regional offices or some other forum through which information can be received and disseminated.

The authority may not have real teeth; it is a policy-making and an advisory body. I am concerned about delays. I am sure the Minister of State will correct me if I am wrong, but my understanding is that the authority will devise policy and advise the Minister who, it is hoped will act on that advice. Is there some mechanism through which the authority could intervene between parties at an early stage if a problem exists rather than having to go to the Minister who would then have to take out the stick to sort out things? We know where that can lead. We need to give the authority more teeth so it can take action, initially at a low level of mediation, and later at a more formal level, rather than always having to refer back to the Department and the Minister. If all else fails, it is important that the Minister can take action, but that should be a last resort. The authority seems to lack that bite as a think-tank and an advisory body. As a result, it might not be taken seriously. It would have more teeth if it could mediate and if such mediation were binding on those involved in a dispute? However, that may be a matter for another day.

I commend the Minister of State on this Bill. We all want as many resources as possible devoted to this area. I am not being critical of the Minister of State as she has done much work in this area, but a lot more needs to be done. I am sure she will agree we are only starting on this issue. However, we are coming of age and it is good that we are moving in the right direction as we enter the next century.

Mr. McGuinness

I welcome the opportunity to speak on the complex issue of disability and I compliment the Minister of State on her work since taking office. As a new Deputy, I am impressed by her dedication and commitment to the task and to the complex nature of dealing with, and providing for, those with disabilities.

Like previous speakers, I hope membership of the National Disability Authority will reflect the body of agencies and the sector with which it is attempting to deal and initiate policy for. I would not like it to become a centrally located office nor do I want it regionalised. There is a need for less, not more, bureaucracy in the area of care. The authority should have more powers to deal with the many problems with which it will be confronted. Given that this is a complex area, it will come into contact with all the State agencies, Departments and local authorities. Its members will need the willpower, strength and authority to deal with the many problems they will encounter, particularly in the early days.

I hope the new authority will examine every State agency, including local authorities. Although I hope it will not be organised on a regional or county basis, I hope it will visit all offices and agencies who operate in this area. Such an exercise will reveal that this area has been overlooked, even though it has been spoken about for many years.

I hope the authority will ensure the written commitment given to this area is delivered on in a tangible way which affects the lives of people with disabilities. There is no doubt it will see the need for expanding the Government fund and ensuring there is sufficient resources to deal with every demand.

I have served on a local authority for 20 years and I have seen many changes in the area of disability. It is now more recognised and given greater priority. Funding has been increased by successive Governments and there has been a change of attitude, priority and funding on the part of health boards. We have also seen changes in building regulations. However, despite all the developments in recent years, there is a need for enormous and ongoing change to integrate the disability sector. The Minister of State calls this mainstreaming.

When one considers the various schemes and funding that are in place and operated by the health boards or local government, there is a need to examine the idea of a passport for life. This would mean that a disabled person is identified following an examination by the authorities as requiring certain assistance or an extension to their home, etc. It should only be necessary to undergo this process once or perhaps every few years. This would eliminate from the system the annoyance for people of having to complete numerous forms to obtain even the minimum amount of assistance from the State or local government.

To make mainstreaming a reality, the valid suggestion put forward by Deputy Stanton in relation to identifying the Bill as a measure for those who are challenged in the community should be examined. A fundamental change must take place in our attitude to people who are disabled. If we take the road suggested by Deputy Stanton, our language and approach to this area must change.

If mainstreaming is to become a reality, a measure of our maturing society will be how well we look after the weaker members of the community. Up to now, it has been only a reasonable exercise. Much more must be done. The Minister of State said 360,000 people, or 10 per cent of the population, are disabled. At many meetings I attend the complaint is that these people feel they are outside their community and the mainstream activities in which able bodied people are involved. This is unacceptable in today's world. The exercise of mainstreaming must be carried out efficiently and speedily. It must be properly funded and driven by the authority. This demands that the authority have certain powers and funding conditions.

Local authorities have much responsibility in this area. I said earlier that this matter is complex and will involve every Department. In the context of local authority housing and the demands on it, if we are to bring in disabled people from the margins, there is a need to ensure that there is capacity in the local authority housing stock in the future to take on families which include a disabled person. They must be catered for properly in new housing.

In terms of the old housing stock, the process should be more efficient if an application is made for an extension to a house or a physical aid for a disabled person. It must deliver the facility required much more quickly to the disabled person. Too many people on the current housing lists are battling in the marketplace with the local authority to purchase a house and convert it to their needs. They are unable to buy a house because of the cost and the local authority cannot assist them. As a result, these people are left in their current accommodation without the proper facilities to cater for their needs. I have experience in that regard. I am aware of cases on the housing lists in Kilkenny and Carlow and if the problem exists there, it must exist in every other county and constituency.

The new building regulations are highly regarded but they are not working in general. They may work in major complexes and make a token gesture towards disabled people, for example, a disabled driver using a car park. However, in the renovation of buildings, the legal requirements in relation to facilities for disabled people are often ignored. I am aware of new buildings which have toilets for the disabled in restaurants, but there are steps outside the main door. I do not understand how this constitutes access for disabled people under the building regulations.

This relates to the argument made by the planning authorities that they do not have the funding to police every case where planning permission is granted and a development takes place. This is not good enough and action must be taken to ensure not only that the building regulations are met in the context of the planning process, but also in terms of the completed building.

This also applies to swimming pools. There is a public pool in my constituency and there are little or no facilities to enable disabled people to use it. More funds must be made available through the local authorities to ensure that such buildings are updated to allow disabled members of the community free and independent access.

Access to public buildings is another major issue. I am aware from my experience that disabled people cannot access the Kilkenny Corporation building. This also relates to funding. If the sins of the past are to be corrected, substantial funds must be made available to local authorities which find that they can only deliver a service to the able bodied sections of their communities since disabled people cannot access the buildings. If a disabled member of the public cannot access a poorly planned local authority building, how can the authority offer that person a job? It cannot be done unless the disabled person endures great pain because he or she cannot independently access the building. This relates to planning, the funding mechanism which exists and the sins of the past.

If the disability authority is to move matters forward, stock must be taken of the current position with regard to public buildings, local authority housing schemes and facilities such as swimming pools. Even in the current structure, where we are reaching out and helping people to provide for themselves at home, the waiting time for the provision of extensions to houses to accommodate disabled people is too long. I know of cases where young persons have almost lived their lives at school, not having proper facilities in their own homes simply because they were waiting for funding or for a builder, in conjunction with the local authority, to provide them. That is not good enough. I hope funding in this area is not being eaten up by bureaucracy, but I fear it is. My fear is that the money allocated by successive Governments amounts to very little after it has washed through the system because it is being eaten into by the bureaucratic process.

If disabled persons are to be accommodated in the workplace, employers have to be given an incentive to enable them to comply with the building regulations and make the workplace accessible for disabled persons to participate fully in the workings of commercial enterprises. Not enough is being done in this area. If we were to carry out an analysis, I believe we would find that employers are ready and willing, if the Government will co-operate with them, to employ those who are disabled.

Given that development in the commercial world and in our own lives is being driven by the information age, that there is a Government policy on e-commerce and a drive to put computers and technology into our schools, surely it is time FÁS embarked on a different type of educational process to ensure that people who are disabled at home can participate in the workforce without having to leave their homes. They should be able to avail of FÁS courses through the use of information technology at home, apply for jobs from their home and become involved, at a distance, in companies in their community. Technology has reduced reliance on having people in the workplace. It is possible for them to work from home, and e-commerce and information technology is the way to do this. We have failed miserably as a society to give disabled people real places in the workplace. The figures are shocking. The efforts of the Government to involve the disabled detail how jobs can be made available, but there is a falling down between completing a course and filling a job. That should be addressed to enable disabled people to enter the workforce.

The late Dr. Peter Birch of the Diocese of Ossory, which is in my constituency, asked who will care for the carers when he was running many radical programmes in Kilkenny. There is a need to care for carers, to ensure that they are constantly up-skilled to cope with life with a disabled person and to move on any programme the Government puts in place. I appeal to the Government to properly fund people who become disabled later in life. I was involved in the Motorneuron Society because my late mother died from motorneuron disease. There is a need to recognise the input of a family in that circumstance who are faced with a disabled person later in life and do not know how to cope. There is a need for communication about care and the up-skilling of carers in our society.

Mr. Finucane

I welcome this Bill and compliment the Minister of State on bringing it forward. Certain measures it contains will be useful in the future. FÁS is taking over certain functions, and this is important because in the past there was a tendency to isolate people with a disability. There are efforts now to integrate them in the community. In my area in Limerick the Brothers of Charity do tremendous work running houses where disabled blend in with the community. We need to have the same approach to training. Over 20 years ago, when I was involved in apprenticeship training in AnCO, the organisation which preceded FÁS, I was conscious of the number of people who obtained places in the furniture, woodwork and upholstery industries who had previously been with the National Rehabilitation Board and who worked successfully in the workplace.

I was disappointed that the Private Members' motion, put forward by Fine Gael on 1 December last, looking for £21 million in funding for the this sector, was turned down by the Government. It is very hard to reconcile that with the fact that because of the concern of bookmakers about people betting on the Isle of Man we introduced what I would describe as a gamblers' charter at a cost of £24 million.

Deputy Jan O'Sullivan and I are conscious of the fact that in the mid-western region there is a very powerful group who, over the years, have constantly reminded us how we neglect people with a disability. Ger South and the other people involved remind us annually of the difficulties in our own area and the number of people who are awaiting long-term and day care. Bob Sillery, the head of the Brothers of Charity, speaks of the long waiting lists, the difficulties caused by financial constraints and the small numbers they can accommodate annually. Everybody is talking about the Celtic tiger, but the Celtic tiger is only purring when it comes to people with a disability and with regard to the finance that is required. My colleague, Deputy Stanton, rightly asked where we would be without the Brothers of Charity and the other people who have taken an interest in people with a disability and who are to be applauded for that.

We have been talking for a long time about targets for the public service. I understand the standard is 3 per cent. I am not sure whether that is a mandatory standard but one finds that it is exceeded in certain local authorities and not reached in others. Health boards and local authorities need a very strong reminder from the Department of the Taoiseach to make this a mandatory 3 per cent. It would be interesting to look at the statistics to see whether different health boards and councils are meeting the target. We should not have to have a standard of 3 per cent. In my own local authority people with a disability have worked as part of the workforce, have been accepted and have done an excellent job. It is right that this should be so. It is regrettable that a 3 per cent guideline has been mentioned. If such a guideline exists, people working in local authorities and health boards should be notified and it should be enforced.

Our consciousness must be awakened in terms of people with disabilities. People work extremely hard in all our communities to provide facilities for people with disabilities. Newcastlewest is a carbon copy of other towns, where people are involved in improving the local infrastructure and providing basic essentials, such as footpaths and entrances to public buildings, for people with disabilities. It is interesting that, as we approach the millennium, serious deficiencies still exist in this area.

If it were not for FÁS schemes, local authorities would not able to make footpaths wheelchair friendly, but this work has not been completed. Most towns designate parking spaces for people with disabilities, but able bodied citizens frequently park in them. I often wonder whether the rigours of the law are enforced in terms of fines, etc. It is unfair that this should not happen; it negates a great deal of the good work carried out by groups such as Access. Many financial institutions are housed in fine buildings, but how many of them even attempt to make them wheelchair friendly?

It is sad that in order to raise public awareness of what needs to be done, people such as John Doyle, who is an excellent spokesman, must go on The Pat Kenny Show or picket outside Heuston Station for two nights to highlight the lack of wheelchair friendly public transport. Society must grow up and become more friendly towards people with disabilities. There are 26,000 people in the intellectual database for people with physical and mental handicaps. That figure should not be daunting and these people should be treated individually.

I recently spoke to a person involved in the Brothers of Charity who indicated that people were trying to gain access to their facilities for full-time attention. There was also a case recently where local gardaí had to break into a house owned by an elderly woman who had a mentally handicapped daughter. It transpired that the woman had been dead for a number of days and her daughter was not even aware of what was happening. She had to be admitted to an institution immediately; but it is sad it had come to this. Many elderly people look after people with disabilities and they often bear the burden on their own. They probably receive the minimum in respite care. It is sad, given the manner in which Ireland has progressed, that this is the case.

The scope of the problem must be examined if we are to respond effectively, and the finance required to deal with this issue must be provided. The people of Newcastlewest will hold more meetings with Ger South and his group. They will be informed about the requirements, financial and otherwise, needed to resolve the difficulties which exist for people who need full-time care. It is time we responded.

Previous speakers referred to attention deficit disorder and dyslexia. There is an excellent school for dyslexia sufferers in Newcastlewest, but the State gives it scant recognition. Usually, the State's response is that dyslexia is covered under remedial services. Remedial teachers often cover four or five schools and cater for approximately 40 pupils which results in them having to race from school to school. People who set up facilities for dyslexia sufferers should be encouraged by the Department of Education and Science because their efforts are worthwhile.

Attention deficit disorder has been highlighted only in recent years. I thank those who brought it to the attention of public representatives and pointed out the inadequacies of the system in terms of responding to it. Alice Cushnahan, wife of John Cushnahan, MEP, is to the fore in Limerick in making people aware of what is required. Cheshire homes do tremendous work; there is one in Rathfredagh, Newcastlewest. There was an imbalance in the pay structure of those working there, but it was redressed, which was important because it restored goodwill. We are moving in the right direction, but a great deal needs to be done.

I acknowledge that I am being parochial, but the situation is similar in most other communities. I recently met a group in Newcastlewest which, as a result of funding under the Leader programme, commissioned a feasibility study on a multi-resource centre for the town. It was initiated by people who were involved in the disability field. A worthwhile proposal resulted and it is anticipated that phase 1 of the proposal will cost £700,000, which is not a daunting figure. We should try to encourage and develop such centres in most communities to cater not alone for people with disabilities, but the elderly, who need day care facilities, and young people. Newcastlewest, as is the case in many provincial towns, does not have adequate facilities for young people or the elderly, although there have been improvements in services for the elderly in recent times. Essential facilities, such as hydrotherapy pools and fitness centres, are needed to cater for everybody.

If the concept of multi-resource centres were developed, it would help the fusion of all age groups in the community, which is extremely important. Gone are the days when people with disabilities were treated condescendingly and given a pat on the back after they explained their situation. They must be respected and public consciousness has been awakened. However, a great deal more needs to be done. We, as politicians, must hang our heads in shame and question whether we have responded quickly enough to the problems of people with disabilities. I am not sure we have, but the Bill is positive.

I hope the Minister has had discussions with those who worked for the National Rehabilitation Board, which is being dissolved, to make sure there is not a repeat of the recent unseemly dispute over staff and wage structures, which occurred after the Department of Enterprise, Trade and Employment amalgamated a number of statutory bodies. I hope there will not be difficulties with the staff who have done an excellent job over the years moving to the new authority.

The organisations which have been to the forefront in this area over the years must be congratulated. The National Rehabilitation Board is well known for the great work it has done over many years. If it had not taken the initiative, one can imagine the vacuum which would probably otherwise exist. It is important we give it the attention and the financial encouragement to continue its good work.

Another important area of concern which might be addressed is the provision by the NRB of training courses for people with disabilities being taken over by FÁS. It is also important that, where a person with a disability gains employment, there should not be a two tiered payment system and disabled people should be recognised on their merits. Whatever salary is payable, it should be paid accordingly.

I compliment the Minister of State who is doing her best. It is important to have a Minister focused on this area and this is a step in the right direction. The authority will not be a service provider but it has certain important functions, for example, research. There have been many reminders to women to use folic acid during pregnancy to prevent spina bifida. That encapsulates for me the importance of the research function in ensuring that research results in people taking preventative measures. Senator Henry mentioned in the Seanad that folic acid could have been incorporated with flour, but that there was a European Union problem with that. That is one example of where the research function is relevant and it will be important for the future. It is to be hoped that awareness of disability has been raised and that, with funding for the new authority, further progress can be made.

Mr. Callely

I am delighted to support the Bill which provides for the establishment of the National Disability Authority on a statutory basis. The NDA will take on responsibility for the policy development and implementation of new standards in services to, supports for and entitlement of people with disabilities. Anyone with a mild, moderate or profound disability must have rights, opportunities and benefits similar to anyone else. The programme for Government clearly spells out that disability is one of the most important social issues facing society. We have paid lip service for too long to the estimated 360,000 people with a disability in assisting them assert their rights.

I congratulate the various expert groups which reported to Government with proposals which assisted in putting the National Disability Authority in place. The Government commissioned reports such as Towards an Independent Future, A Strategy for Equality and Building a Future Together. These have clearly and comprehensively set out how the rights of people with disabilities might be addressed. The achievement of this Fianna Fáil-led administration since coming into office underlines the depth of our commitment to securing the rights of those with disabilities and we have acted on the studies which clearly point the way forward.

I also welcome the recent legislative changes with the revamped Employment Equality Act and the Equal Status Bill. Most important is the huge additional funding invested and allocated. Major progress has been made in delivering on the recommendations and commitments across the board, especially in the mainstreaming of training and employment of people with disabilities. The Government is clearly delivering for those with disabilities in a fashion which far outstrips the efforts of previous Administrations, and seems to be determined to continue on this path in a vigorous and focused fashion.

I pay a special tribute to the person who is vigorously driving and focusing that commitment and determination, the Minister of State, Deputy Mary Wallace. I congratulate her on taking up the torch on this issue and running with it when she was not in a position to deliver. While in opposition, she consulted, listened and put together the necessary ingredients to formulate a policy. When she had the opportunity as Minister of State, she delivered on her commitments. A special tribute is due to the Minister of State and I take this opportunity to pay it.

I have witnessed service developments in the Eastern Health Board, and I salute all those involved in the provision of services for their commitment and dedication. I have taken time to visit some of the locations in which services are provided. I am not sure I would have the commitment or find it in myself to treat it as a job if I were required to provide services for people with profound disabilities. Those involved in the provision of services do not treat it as a job. They are caring dedicated individuals who are not involved in the provision of services for the reward or salary payable. It is important to acknowledge the huge commitment of people who go well beyond their job description and spend many additional hours working because of the befriending required by their job and the service they provide. I am sure every Member will acknowledge that there is great befriending in the care of those with profound disabilities which goes well beyond the duties of the people involved. It important we acknowledge the commitment and dedication of those who provide services, either care or administrative, across the board to people with mild, moderate or profound disabilities.

I especially compliment those involved in the Eastern Health Board services. I am aware of the level of commitment and the huge developments in the area. We have put forward a service plan for 1999 of services for people with disabilities. The components of a comprehensive mental health service include, early childhood assessment and early intervention, a child education and development centre, home support and pre-school for those with an intellectual disability.

When I brought my child to school, I was concerned about where he would sit in the classroom and who might befriend him. My wife and I took it in turns to bring him to school. After two or three weeks we considered how he was adapting and decided that he had settled well. There was a Down's syndrome child in the classroom and my child reacted as if this was normal. I contrast this with my own experience in my early days in national school. Children with a handicap were placed in special schools to which they were brought in a minibus with the name of the school written on the side. It is a source of great joy that my son is sharing a classroom with a child with a disability and adapting to it.

There are two members of the one family in wheelchairs attending the same school as my older son. The principal brought it to my attention that because the family has only recently moved into the parish the school had to pick up the tab for the necessary alterations from the parish fund. Ramps had to be provided and doors widened. While the school was happy to accommodate the children concerned, one can appreci ate the difficulties this caused for it. Mainstreaming in education, of which I am in favour will have huge benefits.

In the Eastern Health Board special high support day services are available. Those accommodated in vocational training schedules in sheltered workshops should subsequently be placed in sheltered employment. A number have fallen out of the system. This is frustrating for the individual concerned and his or her parents. Consideration should be given to the provision of a safety net.

Debate adjourned.