I thank the Ceann Comhairle's office for affording me the facility of raising this important issue. I compliment the Minister for being present to take this debate. He has shown by his interest in similar debates in the past that he has sufficient interest in his brief to follow through. I compliment him for being here. Not all his colleagues take the same interest and that is something which should be borne in mind.
My matter refers to Statutory Instrument No. 353 of 1994: Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations, 1994. The criteria laid down under that heading cause problems for people who have serious disabilities in the form of a major lack of use of a limb or both limbs which means they are unable to drive an ordinary car and which makes it impossible for them to go to work or study or whatever.
The Minister's officials kindly contacted me recently to discuss the issue with me and I recognise the limited and peripheral role his Department plays. However, it has an influential role. The Department of Finance states that it has no responsibility in the matter other than through the Revenue Commissioners in that the statutory instrument is drawn up by Revenue and it operates accordingly. The health boards operate the regulations.
I have countless constituents, as I am sure every Member has in the current economic climate, calling for a liberalisation in this area. I know an interdepartmental review group is meeting on the matter and that it is open to taking submissions from the public and, I presume, Members of the Oireachtas. I made a submission in February or March and never received a reply. I assume the submission has been taken into account.
The problem is that, to qualify, a person is required to have complete lack of use or loss of one or both limbs. The wording must be changed to "substantial loss of use". Such a person as I have referred to earlier is not eligible for a driver's licence because driving testers would deem them to be unsafe on the road. At the same time, such a person will not qualify for the special concessions because of the criteria laid down in the regulations. They are in a catch-22. I have a number of constituents who are disabled passengers whose drivers will not qualify for the tax concessions, despite the fact that these constituents must be driven to work or study and driven home at night. That is something which no one else can provide. No public transport can do that for them because they need supervision. I also have a number of constituents who are capable of driving themselves in a specially adapted car. However, the phrase in the regulations states that they must be wholly or almost wholly without the use of both limbs. That is ridiculous. Nothing can happen while that phrase exists in the regulations.
Will the Minister use his influence with the review group to get it to focus its attention on the impossible situation in which we now find ourselves and to recognise the problems of people with a disability who want to but cannot go to work under their own steam and who need the facility of a specially adapted car? Admittedly they can do this if they pay for it themselves but I see no reason that that should be imposed on them. Having a disability where one suffers the substantial loss of use of one or both limbs is a serious problem and should be seen as such. We should help and encourage such people in every way we can. Will the Minister use his influence with the review group to bring about the changes I suggest? If that were done, the people concerned would qualify. I see no reason that should not be done. In poorer times when we did not have the resources, it might have been necessary to be stricter in the application of rules but, at present, there is no excuse for it. Will the Minister, as a compassionate and caring person, pursue the issue with the review group because I do not believe it will happen unless he does?
