Vol. 531 No. 5
4 Ms O'Sullivan asked the Minister for Justice, Equality and Law Reform the progress made to date in the preparation of the disabilities Bill; if any consideration has been given to possible constitutional change in order to strengthen the Bill; when the Bill will be published; and if he will make a statement on the matter. [6161/01]
A commitment has been given in the Government's legislative programme to publish the disabilities Bill in 2001. Preparatory work is under way in our Department and a broad-ranging consultative process was undertaken late last year. It is our intention that the disabilities Bill will be a positive action measure to advance and underpin the participation of people with disabilities in society. The measure we propose will be broad in scope and ground-breaking in nature. The Deputy will appreciate that the qualitative approach we propose will require an input of time and expertise from several quarters and any lesser commitment on my part would be to short-sell people with disabilities.
The disabilities Bill will be the fourth legislative measure in the area of disability equality sponsored by this Government and has been progressed in the context of the legislative and infrastructural framework for equality which the Government has put in place. The Employment Equality Act, 1998 and the Equal Status Act, 2000 prohibit discrimination on nine specified grounds, including the ground of disability in the workplace and in the provision of goods and services. The Equality Authority and Director of Equality Investigations, established to implement this legislation, are now fully operational. The National Disability Authority Act, 1999 provides for the establishment of the National Disability Authority as a statutory agency dedicated to disability policy and practice. The disabilities Bill will build on and complete this framework for equality.
The Deputy will be aware that the constitutional review group has recommended that the following amendment to Article 40.1 of the Con stitution be proposed in the next tranche of amendments to be put to the electorate:
All persons shall be held equal before the law and that no person shall be unfairly discriminated against, directly or indirectly, on any ground such as sex, race, age, disability, sexual orientation, colour, language, culture, religion, political or other opinion, national, social or ethnic origin, membership of the travelling community, property, birth or other status.
The proposed amendment is fully in line with a proposal in this area by the Commission on the Status of People with Disabilities. It is my understanding that the current constitutional position will allow provision to be made in the disabilities Bill for the range of proactive measures envisaged.
This legislation was promised by Fianna Fáil in 1997 before the last election and in the programme for Government, yet it is not now promised until the end of the year. People with disabilities are being misled, as it is unlikely the legislation will be fully proceeded with in the lifetime of this Government. The Minister of State referred to the Equal Status Act, which was dealt with by the Oireachtas in April 2000, nearly a year ago. The timescale in this regard is unacceptable. Promises were made that disability legislation would be before the House much sooner than now appears to be the intention. Can the Minister clarify the intention to amend the Constitution in accordance with the proposals she outlined? A number of cases concerning the educational rights of people with disabilities are before the courts. Will this issue be addressed in the legislation? Can the Minister tell me how many such cases are before the courts?
Returning to promises in the programme for Government, I remind the Deputy that everybody thought the previous Government's Employment Equality Bill and Equal Status Bill would be passed. As she will recall, they were found to be unconstitutional and when this Government took office none of this legislation was on the Statute Book. The Bills had to be redrafted and brought through the Oireachtas again. It was a huge achievement of this Government to put the two anti-discrimination measures on the Statute Book, considering the constitutional difficulties encountered by the previous Government.
The Government would have been aware of that when devising the programme for Government.
It is important that Deputy O'Sullivan recognises the work had to be done again. The National Disability Authority Act was passed which set up the National Disability Authority, the Equality Authority and the office of the Director of Equality Investigations, which was a huge body of work. The Deputy mentioned the Equal Status Act was passed in April 2000. The National Disability Authority was in place by June, as were ground breaking measures such as incorporating the training and employment of people with disabilities by groups like FÁS into the mainstream from a segregated area. All of that work was bedded down at that point, and it is important that Deputy O'Sullivan sees that we are now trying to complete any remaining areas of legislation in this area.
The Government has covered the recommendations in the report of the Commission on the Status of People with Disabilities regarding anti-discrimination measures for people with disabilities. The Deputy also asked about a possible constitutional amendment. The constitutional review group has recommended that an amendment to Article 40.1 be made. It is proposed that such an amendment will be in the next tranche to go before the electorate.
In view of the unexpected delay in the disability legislation, will the Government continue to challenge those who go to court to secure educational rights for their children? Specifically, is it intended to continue to appeal the outcome of the Sinnott case?
The Deputy's questions should be put to the Minister for Education and Science.
Is there no collective responsibility in the Government?
There is no collective responsibility.
There is.
In fairness, the questions directly relate to the Minister for Education and Science and should be raised on the relevant day.
Surely the Minister of State with responsibility for equality and disabilities has an opinion.
I draw Deputy O'Sullivan's attention to the fact that improvements were made in the Education Act, 1998.
The Minister of State should have a view on these matters.
