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Dáil Éireann debate -
Wednesday, 19 May 2004

Vol. 585 No. 6

Rights of People with Disabilities: Motion (Resumed).

The following motion was moved by Deputy Stanton on Tuesday, 18 May 2004:
That Dáil Éireann:
—affirming the rights of people with disabilities as equal citizens of the State;
—supporting the recent call by the members of the Commission on the Status of People with Disabilities for the immediate publication of the Disability Bill and the acceleration of their programme for positive change in the provision of services;
—noting the firm and explicit commitments in the programme for Government to:
—complete the programme of expansion of appropriate care places for people with disabilities, with, in particular, the ending of the inappropriate use of psychiatric hospitals for persons with intellectual disabilities; and
—complete consultations on the Disabilities Bill and will bring the amended Bill through the Oireachtas and include provisions for rights of assessment, appeals, provision and enforcement;
—noting the lack of progress in both areas and the evident unwillingness of the Government to bring in truly rights-based legislation;
—conscious that there is a continuing and growing crisis in the legitimate demands of people with disabilities for appropriate and responsive housing, employment, residential care, respite care, training and education services;
—aware of the number of families under extreme stress and hardship as a consequence of coping with intellectual and other disabilities;
—aware of the incidence of poverty and high levels of unemployment among people with disabilities; and
—believing that there is systemic failure in the practical provision and delivery of support and services to many thousands of people with intellectual, physical and sensory disability and aware that much of the investment in disability services is eaten up by the need to cope with emergencies, and that service providers are unable to plan for new services in any area;
calls on the Government to:
(a) immediately bring forward the Disability Bill; and
(b) at the same time, to convene a disability summit of all stakeholders in the disability movement, each of whom would be entitled to attend and participate as equal partners.
This summit and national debate should be held in public, and it should consist of representative bodies who advocate for people with disabilities, State agencies, including the NDA, service providers, social partners and policy makers, including both Government and the Oireachtas;
the summit, which could operate in plenary and committee sessions, should have an independent, agreed and high level chairperson, and should last no longer than a month;
the Government would be required to place before the summit a detailed set of plans, across all relevant Departments and public bodies, with a view to achieving agreement and consensus on the following objective:
—a national strategy for the progressive realisation of rights to provision over an agreed timeframe, setting in place the capacity-building measures necessary, identifying the capital and current resources needed and preparing a plan to eliminate all waiting lists for services within three years and including:
—a national accommodation and support strategy for people with disabilities, including facilitating liaison between local authorities and voluntary and State agencies which support people with mental illness and the young chronic sick;
—a national process to standardise the application of DPG, including the provision for 100% grant aid where this is necessary;
—adequate resources for local authorities to fully implement the Barcelona Declaration;
—a cost of disability allowance; and
—the provision of education in an appropriate setting with the necessary and appropriate services for children with special educational needs.
Debate resumed on amendment No. 1:
To delete all words after "Dáil Éireann" and substitute the following:
" —endorses the Government's intention to circulate a Disability Bill to the Oireachtas as soon as possible to support and underpin participation by people with disabilities in society;
—notes that the Bill will, among other things:
—establish systems for assessment of need, service provision, and redress, including enforcement;
—facilitate access to public buildings, services and information;
—include a statutory basis for six key sectoral plans in the areas of the built environment; passenger transport, including marine transport; services to be provided by the health boards; social services including advocacy and sign language interpretation services; and training and employment services;
—imit the use of genetic data;
—put targets for the employment of people with disabilities in the public service on a statutory basis; and
—provide for a centre for excellence in universal design;
—acknowledges the complexity and cross cutting nature of the issues involved in preparing the Disability Bill;
—recognises the value of the Government's broad ranging consultation process with the disability sector, particularly through the DLCG, a group representative of people with disabilities, their families, carers and service providers;
—recognises the need for the further development of services to people with intellectual, physical and sensory disabilities, autism and mental illness and commends the actions taken by this Government and the former Government since 1997 in meeting this commitment, which include the allocation of additional funding of approximately €733 million;
—approves the Government's commitment to put in place an enhanced level of health service provision in line with the programme for Government;
—notes that the Government is committed to working with all stakeholders to provide the maximum support to people with disabilities in accessing vocational training and employment services, and ensure that people with disabilities get every opportunity possible to reach their full potential in the open labour market thereby increasing their independence and allowing them to play their full part in the world of work;
—commends Government policy on the mainstreaming of vocational training and employment service provision to people with disabilities involving:
—developing the skills of people with disabilities to enable them to access employment;
—stimulating awareness amongst employers of the contribution which people with disabilities can make to their businesses and encouraging companies to more actively consider recruiting people with disabilities; and
—providing specific employment supports for people with disabilities and employers;
—welcomes the fact that FÁS helped over 3,000 people with disabilities to find employment and over 1,900 people placed in training, in 2003;
—acknowledges the achievements of the Government in introducing action plans for social and affordable housing for the period 2004-08 that will make provision for the responses of each local authority in relation to their social and affordable housing programmes including the elderly and persons with a disability;
—notes the significant improvement of the funding and conditions relating to the disabled persons grant scheme since 1998:
—the maximum grant has doubled from €10,158 to €20,320;
—increased levels of demand with expenditure on scheme increasing from €13 million for 2,455 grants in 1998 to €50 million for 5,739 grants in 2003;
—welcomes the substantial growth in the resources which are directed towards the education of children with disabilities in the form of more than 200 extra learning support teachers, more than 2,400 extra resource teachers and an extra 1,000 special needs assistants, when compared with the levels employed in 1998;
—welcomes the framework being put in place by the Government to underpin the equal participation by people with disabilities in Irish society including:
—the proposed Disability Bill;
—the Education for Persons with Disabilities Bill, 2003 which is currently at Report Stage in the Dáil;
—the Comhairle (Amendment) Bill which is being prepared in the Department of Social and Family Affairs in relation to the provision of advocacy services;
—sectoral plans for key public services; and
—equality legislation to be updated by the Equality Bill, 2004 which is currently at Second Stage in the Dáil."
—(Minister for Defence).

I wish to share time with Deputies Ardagh, Hoctor, O'Donovan, Flynn and the Minister for Social and Family Affairs, Deputy Coughlan.

I am pleased to have the opportunity to speak tonight on this Private Members motion on disability. The Government is conscious of and has acknowledged the difficulties faced by families caring for persons with disabilities. It is for that reason the Government identified these services as a priority area for funding.

The Government has a clear and effective strategy on the planning and delivery of health funded services to people with disabilities, including those with mental illness. The principle underpinning the planning and delivery of these services to persons with disabilities is that they should be given the opportunity to live as full and independent a life as possible and to live with their families and as part of their communities for as long as possible. Since the 1970s the main thrust of service provision has been towards the development of community based services designed to provide a range of services for the individual with a disability and his or her family or carer. Clear evidence of the Government's commitment to this area lies in the fact that additional funding of approximately €733 million has been invested in health funded support services for people with disabilities since 1997. This includes an additional €25 million in current expenditure made available by the Minister for Finance for services for people with disabilities in the 2004 budget.

Since 1997, additional funding of €643 million has been invested in health funded support services for people with intellectual, physical and sensory disabilities and those with autism. Services to people with intellectual, physical or sensory disabilities and to those with autism is one of the limited number of areas in which additional revenue funding has been provided by the Government during 2003 and 2004. In respect of services to persons with intellectual disability and autism, this revenue funding amounting to €43 million to end of 2004, was specifically provided to meet costs associated with the provision of emergency residential placements, extra day services, in particular for young adults leaving school and to enhance the health related support services for children.

Since 1997, additional revenue and capital funding of €388 million has been provided for intellectual disability and autism services. In addition to providing approximately 1,700 additional residential places, 465 extra dedicated respite places and 2,950 new day places, the Government has funded: alternative placements and an enhanced level of services for persons with an intellectual disability or autism who were resident in psychiatric hospitals or other inappropriate places. The number of persons accommodated in psychiatric hospitals in May 2003 was 438, down from 970 in 1996. There has been investment of approximately €16 million since 1998 in the early intervention, pre-school and multi-disciplinary support services for children with an intellectual disability and those with autism: an additional €11.43 million has been provided to enable health boards to put in place a range of support services for persons with an intellectual disability or autism who present with major behavioural problems and therefore require a more intensive level of support.

Key developments noted in the 2002 report of the National Intellectual Disability Database reflect this significant investment and include: a 37% growth in the number of people with intellectual disability living in full-time residential placements within local communities; a 165% increase in the provision of intensive placements designed to meet the needs of individuals with challenging behaviours. This includes individuals whose behaviour may arise as a result of a dual diagnosis of intellectual disability and mental illness; a 47% reduction in the number of people accommodated in psychiatric hospitals; a continued expansion in the availability of residential support services, in particular service-based respite services which have grown by 255% with an additional 443 people reported as being in receipt of these services between 2001 and 2002 alone; and, increased provision in almost all areas of adult day services and in the level of other support services delivered as part of a package of day services to children and adults.

Since 1997, additional funding of almost €230 million has been allocated for the maintenance and development of services for people with physical and sensory disabilities. This funding has been allocated towards service pressures as identified by health boards in consultation with the regional co-ordinating committees for physical and sensory disability; day, respite and residential places; therapy services, including speech and language, physiotherapy and occupational therapy; home support services, including personal assistance services; aids and appliances and, addressing the under resourcing of voluntary sector service providers.

Since 1997, additional revenue funding of approximately €90 million has been provided for ongoing developments in mental health services to develop and expand community mental health services, increase child and adolescent services, expand the old age psychiatry services, provide liaison psychiatry services in general hospitals and, to enhance the support provided to voluntary agencies.

Substantial progress has already been made. There are currently 21 operational general hospital psychiatric units and it is expected that a further unit will become available to the mental health services in the near future.

Substantial progress has also been made in recent years in ensuring that those in need of mental health services receive care and treatment in the most appropriate setting. Health boards have developed, and are continuing to develop, a modern comprehensive community based mental health service resulting in a continuing decline in the number of in-patients with a corresponding increase in the provision of a range of care facilities based in the community to complement in-patient services.

It is the intention to continue to accelerate the growth in alternatives to hospitalisation with the further development of community based services throughout the country. There are approximately 400 community psychiatric residences in the country providing more than 3,000 places. This compares to 111 residences, providing less than 1,000 places in 1984. There are approximately 200 hospitals-day centres providing more than 3,500 places. This compares with 39 such centres providing approximately 1,200 places in 1984.

In accordance with a commitment in Sustaining Progress, the social partnership agreement 2003-05, my Department is required to carry out a strategic review of existing service provision in consultation with relevant interests with a view to enhancing health and personal social services to meet the needs of people with intellectual, physical, sensory disabilities and autism. This review is particularly timely. A considerable period of time has now elapsed since the publication of the relevant policy documents in this area. We need to take account of the effect of Government policy regarding mainstreaming of services. The level of additional funding invested in the services in recent years makes it timely and necessary that we should examine the results of this funding. We need to look at the implications for disability services of the publication in 2000 of the Health Strategy Quality and Fairness — A Health System for You and, the primary health care strategy.

The health services reform programme approved by Government and published in June 2003 will also have far-reaching effects which will influence the delivery of services for people with disabilities. The new legislative measures being introduced in the area of disability will have a profound effect on the future planning and delivery of the services. This review will look at a number of specific areas of service provision. My Department sought and received initial advice from various stakeholders regarding the format and content of the review. Taking this advice into account, a number of specialist study groups have been established to look at particular topics, identify relevant issues and make recommendations on future policy on the specific topics. These topics include assessment; management of health services; links between education and health-related support services; access to mental health services; disabilities and older people; mainstreaming; the protection of vulnerable people; supported living and personal assistance; information and databases; training and sheltered work; value for money and funding.

I refer those who are interested in this debate to some statistics. Since 1997, 179 extra dieticians have been employed in the health services;387 occupational therapists; 466 extra physiotherapists——

What about residential and respite care?

Please allow the Minister of State to continue without interruption. He should conclude if he is sharing time.

The Government is accused at times as if there were no extra staff employed. Eighty-two extra consultant psychiatrists have been employed; 216 extra psychologists; 745 social workers; and 132 speech and language therapists. The Government is committed to the disability sector. It hopes to continue the fantastic work done so far.

Deputy O'Donovan will not speak. Deputy Hoctor and I will share the time slot by agreement.

It is refreshing to see the Opposition using Private Members' Business to promote a good cause. It often makes a hames of Private Members' time by putting down motions on subjects just taken out of the newspaper on the preceding Sunday or Monday and it finds that by Wednesday the controversy has ended.

Disability is a most important matter and I commend the Opposition for putting down this motion. It deserves to be discussed and to be brought into the open. It is particularly opportune to have this debate before an election as it focuses on the needs of those with disabilities and gives an extra impetus to all those who provide services for those with disabilities to improve the service they provide. It focuses the Minister's attention on the amount of money being expended and hopefully will help to increase the funding for services for the disabled.

Will the Deputy support the motion?

I will deal with that shortly. There are deficiencies in the motion. The Government amendment is a superior motion and I will support that motion.

I have given some thought to what constitutes disability. It is a relative condition. I am inarticulate at times and other people talk too much, which is a disability in itself. Listening to the Minister for Finance, Deputy McCreevy, in the House today, his cold and his difficulty in speaking is a disability. I require a microphone as I speak to enable everybody to hear me. All of us have some disability that is relative. Others have far greater disabilities. We are all equal in humanity; we are all people who are deserving of a full and good life, independently lived.

Ireland has changed in the past ten years. Many of us learned about Maslow's theory while in college. It concerns physical, social and self-actualisation needs. At this stage, the physical and social needs should be filled and it is now time to care for the self-actualisation needs. That is the lot of all of us who are well-abled. It should also be the lot of those who are disabled.

Ireland is a knowledge-based society and the emphasis on production of goods is diminishing. Everybody should be equally enabled to participate in employment in this knowledge-based society. Ireland is a very wealthy country and after Luxembourg it has the highest GDP per capita in Europe at nearly €30,000 per person.

Tourism from the North American market shows an increase of 20% over last year. Revenue has increased by 20% over last year. Tax from offshore accounts is well in excess of €1 billion already this year. There is no reason we cannot ensure that all people, able-bodied or disabled, can live independently with dignity and with the same educational, health and social benefits.

Society should work to improve services for the disabled. The Minister of State, Deputy Tim O'Malley, outlined the improvements made in the past few years. When I started political canvassing ten years ago I encountered parents of people with disabilities. They were devoting their lives to the care of their children. Their main concern was what would happen to the child when they died. There have been improvements over the years. Many people who were previously totally dependent on their close family for support are now living independently. All people, irrespective of disability, should be able to live independently. Parents should not have to worry about the future for them. We must all do the best we can to achieve that.

Relevant legislation has included the Employment Equality Act 1998 and the Equal Status Act 2000. The Employment Equality Act has helped diminish the number of cases of discrimination in employment. It has made employers aware of their moral and civil responsibility to ensure that all workers, irrespective of disability, can work in the workplace environment. The Equality Authority and the Equality Tribunal have been established. The Equality Authority ensures that disability is not a reason for discrimination and is to be congratulated on its work. The Equality Tribunal determines complaints of discrimination and makes findings on redress in that regard. These bodies have been established by the Government.

The disability Bill will come before the Select Committee on Justice, Equality, Defence and Women's Rights for Committee Stage. As chairman of the committee, I will be delighted to hear representations from all the groups representing disabled people or persons who may be affected by the Bill before we deal with Committee Stage. We have always facilitated groups that wish to make a representation to the select committee in order that we can articulate their concerns and have them addressed in legislation on Committee Stage.

When I refer to the equality of humanity, I mean mainstreaming. I am proud of the Government's role in introducing mainstreaming in vocational training and placement through FÁS, both of which are very important, but it must be developed and improved in all aspects of life, not only vocational training and education.

I am delighted to have an opportunity to speak on disability. The issue must be put on the table and considered to improve the quality of life for everyone, both able-bodied and, in particular, disabled. The legislation is an opportunity to do so and I support the amendment.

Go raibh maith agat as ucht an tseans labhairt anseo anocht. The area of disabilities is of particular interest to me as I acquired considerable first-hand experience of working with people with disabilities before entering politics. I have no doubt this experience will allow me to make an input to the disability Bill when it comes before the Select Committee on Justice, Equality, Defence and Women's Rights.

I am also a member of the Committee on Education and Science and was directly involved in preparing the Education for Persons with Disabilities Bill. More than 40 groups raised their needs and concerns with the committee and members listened carefully and were enlightened by their presentations. The committee is dealing with the final stages of the Bill.

We learned from this experience, particularly presentations made by a number of parents of disabled children, some of whom are adults, that disability is a complex issue. Some of the children were profoundly disabled and stayed in bed all day and we had to address the issue of providing some form of education for this group. Others had mild or moderate disability or were physically and mentally challenged. All these areas are being addressed to the best of our ability in the Education for Persons with Disabilities Bill.

The disability Bill will shortly come before the Committee on Justice, Equality, Defence and Women's Rights. My experience of working in one of the Dublin hospitals in a voluntary and paid capacity several years ago will help me to discern what must would most benefit disabled members of the community.

Deputies will recall that a disability Bill published in December 2001 was withdrawn following concerns expressed by the disability sector, including carers and people with disabilities. This, too, was a clear indication of the complexity of the issue. Despite this, a promising partnership approach has been initiated with a consultative group representing disability groups, their families, carers and service providers brought together by the National Disability Authority. The group has met important figures such as the Taoiseach and the Tánaiste. Deputies will have an opportunity on Committee Stage to examine the legislation.

As I teacher, I recognise that the number of people with disabilities appears to be increasing. There is no doubt that a marked increase in investment in disabilities in the areas of health and education has helped people to acknowledge that their needs are recognised by legislators and elected representatives.

A renowned psychologist in the mid-west region has identified an alarming number of young people aged from birth to 6 years in the north Tipperary area who have been diagnosed with autism. As legislators, we will not only have to address the educational and medical needs of the children in question but also the cause of this alarming figure.

The Committee on Justice, Equality, Defence and Women's Rights anticipates and will welcome many submissions from members of the public and representatives of disability groups and carers. We need to listen to the people who work in the area of disability every day. I regret that I do not have time to give many more examples of areas which must be addressed in the forthcoming disability Bill.

I welcome an opportunity to speak to the motion, particularly in light of the fact that a disability Bill will shortly come before the House. The Bill has given rise to high expectations, which I hope can be realised. I have listened carefully to the comments of some Deputies on consultations on Committee Stage. I was invited to attend a meeting at 8 a.m. last Monday organised by the centre for independent living in my constituency. Of more than 100 public representatives who were invited, only eight attended and I was the only Deputy. The meeting was held to brief public representatives on issues of concern. If the forthcoming legislation is to do right by people with disabilities, it is important that we, as public representatives, are briefed on the concerns of representative organisations. I was delighted to have such an opportunity because it enables me to make a better contribution this evening.

The Minister of State, Deputy Tim O'Malley, appeared on the "Prime Time" programme last week to discuss the first issue I wish to address. The health strategy and the programme for Government make a commitment to provide care places to people currently in inadequate accommodation. As Deputies will be aware, many people with autism and disabilities are housed in psychiatric hospitals, which is an affront to human rights. This is not only the case in St. Ita's in Portrane. It also occurs in my constituency. Today, I came across a sad and inhumane case of a teenager with autism who is housed in a psychiatric hospital surrounded by elderly people.

I hope our contributions on this motion will make the Minister's job easier. When a disability Bill that addresses the assessment of needs for people with disabilities and services comes before the House, it is critically important that a capital investment programme is made available to the Department to ensure that Government commitments are honoured. The health strategy made a commitment to provide the necessary places by 2006, whereas the end date given in the programme for Government was 2007. If this commitment is not made in conjunction with the disability Bill, it will be a serious insult to disabled people, many of whom have been in psychiatric institutions for more than 20 years. The Minister of State is committed to that but I sincerely hope the Government as a whole is equally committed.

I proposed the adoption of the Barcelona declaration by my county council at a meeting 18 months ago. The declaration proposed that we would think about people with disabilities first before designing buildings and making them accessible. Accessibility is a massive issue among people with disabilities. Sadly, despite the unanimous adoption of the declaration by the council, lip service was paid to such people. Throughout my constituency and the country a significant number of public buildings are still inaccessible and this cannot continue.

It is absolutely critical that personal assistants to people with disabilities are allowed to continue in their roles permanently. The criteria for the assessment of people for mobility allowance and the motorised transport grant must be addressed because they are completely outdated. If these issues and the housing issue are addressed, the disability Bill will be of use to people with disabilities.

Thanks to the tireless advocacy of people with disabilities, their families and allies we have been made aware of statistics relating to such people. For example, half of all families headed by a person with a disability live in poverty and the unemployment rate among people with disabilities is 70%. Most of these people could work. Entire towns and villages remain inaccessible to people with disabilities. They are frequently denied adequate and appropriate services, prevented from independently living, unnecessarily institutionalised or housed in completely inappropriate facilities. Such conditions threaten their privacy and dignity at best and, at worst, they violate their human rights. This is not good enough in the midst of an economic boom.

The Government's assertion that the State, the fourth wealthiest in the world, cannot afford to ensure people's equal rights are respected is absurd. There should be no more excuses. The time has come for legislators to take appropriate action to confront the stark realities that people with physical, intellectual and sensory disabilities in this State are systematically discriminated against and they are denied equal rights. This is a stain on the nation.

We must muster political will to change the position for good. To continue to exclude people with disabilities from full and equal participation in social, political and economic life not only does these citizens an injustice as individuals, it also robs the nation as a whole of the benefit of their talents, energy, determination and capacity for innovation.

A rights-based disability Bill is required. Such legislation is an essential building block for an Ireland of equals. The people as a whole deserve and will accept nothing less. However, we must not stop there Legislative instruments are needed at every level to effectively promote the equality of people with disabilities and to combat discrimination against them. A comprehensive EU disability directive is required to extend Union-wide harmonisation of protections that currently only apply to the areas of employment and training. A United Nations convention on the rights of people with disabilities is needed to enshrine such rights in international law. Most importantly, on this island explicit recognition of the equal rights of people with disabilities in an all-Ireland charter of rights as provided for in the Good Friday Agreement is necessary.

We advocate an all-Ireland charter of rights that will recognise not only the equal rights of people with disabilities as individuals but also the specific rights of people with disabilities as a group. Every person with a disability has the equal right to have his or her whole person recognised, their capabilities valued and developed to their full potential and their dignity respected. All people with disabilities should have the equal right to make choices about their lives and to be consulted and heard on all matters affecting them. We propose that such a charter must also recognise that all people with disabilities who need outside advocacy and support should have it.

People with disabilities have the right to expect adequate and appropriate support for independent living if that is their choice. The Government must deliver on this if it is to deliver on rights.

I am grateful for the opportunity to contribute to the debate. I strongly support the motion and I urge all Members to row in behind us and affirm the rights of people with disabilities as equal citizens of the State. As a parent, I am fed up with the delay in the publication of the disability Bill. How long more must families wait? How long must the Government wait to tackle the waiting lists for day care, respite and residential care? It is a disgrace that children and adults must shout, kick and scream for services. It is no longer a question of a lack of availability of resources and finance. The debate is now about the political will to do something and the manner in which resources are distributed.

I refer to the financial and economic element of the debate. Recently, we witnessed two classic examples of the squandering of public money. A sum of €52 million was expended on the electronic voting fiasco while €15 million was spent on the Punchestown centre. This amounts to €67 million, funding which could have wiped out waiting lists once and for all. Taxpayers money is spent on wasteful and ill-thought out projects while families must wait for services.

I fully support all people with disabilities as equal citizens. I would like to focus on people with intellectual disabilities and refer later to other issues relating to people with disabilities. With regard to people with intellectual disabilities, it is scandalous that 621 are seeking day care places, 1,382 are seeking residential care and 823 are waiting for respite places. The €67 million recently squandered by the Government could have been used to quickly address these waiting lists. I urge the Minister of State to face up to this reality and do something about it. He has been in office for two years and significant resources have been available to him because of our strong and vibrant economy. There are no more excuses. For seven long years, the Government parties have had massive resources at their disposal but they have not delivered. That is the reality for the families of people with disabilities.

Last night, two Ministers used the word "consultation" in their contributions. Consultation with parents, disability groups and people with disabilities should also mean listening to their views and implementing their requests. There is no point engaging in a consultation process if the Government refuses to listen and care.

Ireland's housing crisis is well established but the fact that people with disabilities are caught up in the crisis is scarcely appreciated. Traditionally the accommodation of people with disabilities has been the responsibility of the health service. However, with an emerging appreciation of the need to include such people in mainstream society, local authorities must play a more central role in responding to their accommodation needs. The national housing needs assessment compiled by local authorities completely underestimated the number of people with disabilities in need of housing.

I thank all the families of people with disabilities and disability groups for their sacrifice, determination, professionalism and commitment to a just society. I urge all Members to support the motion.

It is terrible that people with disabilities must go to court to fight for basic services. I meet an endless succession of people at my clinics who are seeking basic services. One type of disability that may not be alluded to in this debate is arthritis. It is the greatest cause of disability in the west. It is very painful and, if left untreated, it can cripple and, believe it or not, some forms of the disease can lead to death. It is a disease of all ages. Approximately 50% of those diagnosed with rheumatoid arthritis are out of the workforce in five years. If the disease is not treated early, there is a 42% risk that a person diagnosed with it will be assessed as disabled within three years. This is frightening, especially because it can be totally prevented.

Given that early diagnosis and treatment is crucial, how can one rationalise that those on waiting lists in the west must wait for four years to be seen for the first time by a rheumatologist? A total of 1,500 people are waiting and are becoming crippled and disabled. The hands of a gentleman on the "Late Late Show" were the mark of shame of the Government. They also demonstrated the neglect of previous Governments because this has been an issue for some time. The gentleman was kept waiting and he paid the price.

A system of apartheid exists and affects the disabled, among others. If one has money, one does not become disabled. If one is among the 50% of the population covered by VHI or BUPA, one can be seen by a rheumatologist and ensure one's hands are not crippled. It is terrible that the system operates in this way.

Ireland regards itself highly because of the Celtic tiger, but Croatia has four times more rheumatologists per 100,000 citizens than Ireland, and Russia has six times more per 100,000 citizens. The North Eastern Health Board and Midland Health Board have no rheumatology service. The Western Health Board area, which is larger than the North of Ireland and includes counties Clare and Limerick, has only one rheumatologist. The waiting list has grown from 113 in 1994 to 1,500 this year, bearing in mind that it was to have been obliterated by now.

One of my first experiences after my election as a Deputy was my being lobbied by disability groups. One of their major concerns was that the legislation passing through the Dáil was not rights-based. The Government pulled back from that legislation and now, two years later, disability legislation is again due before the House. There would have been a reasonable expectation that it would be rights-based but the expectations of the disability groups have been thwarted again. The proposals are more aspirational than rights-based.

The simple fact is that many people with a learning disability rely on charity and will do so for years to come. They rely on those who provide an excellent voluntary service in their communities and on their parents. Quite often, their parents are elderly and their one concern is what will happen to their loved ones when they have passed on.

The "Prime Time" programme last Monday provided a vivid snapshot of the daily lives of those with disabilities and the trauma they must suffer. It also gave some idea of the level of Government underfunding of disability services. If we were to put a price on the level of care the parents provide on a 24 hour basis, seven days per week, and on the services provided by volunteers, it would also give us an idea of the extent to which disability services are underfunded. If one considers the voluntary effort that went into the Special Olympics in Croke Park, one will realise that money would not pay those concerned.

It was mentioned that 3,600 people are on waiting lists for respite. This is one of the most valuable breaks one can afford to those providing a service on a 24 hour basis, seven days per week. If carers knew they were due respite in two months' time, they would accept it. They deserve the odd break. We are putting too much pressure on the people providing services to the disabled. There are hundreds on waiting lists for day services and home help services and the service providers should be given some form of break.

Disabled persons deserve the same rights as the able-bodied. All we do is make noises in this direction and we basically tolerate the disabled. This is largely the Government's attitude. It is not genuine in its concern. Most provisions of the disability Bill do little more than tell people what they could do if they had money. The fact is that there is insufficient funding. The North Eastern Health Board unanimously accepted that it was totally and grossly underfunded. I do not know how we can deliver anything extra under the proposed legislation.

Last evening, the Minister for Defence in his somewhat wavering contribution listed a number of Bills the Government had promised and published in regard to people with disabilities. He referred to the Education for Persons with Disabilities Bill, the Report and Final Stages of which are to be considered by the House. He spoke about the Comhairle (amendment) Bill, which is about providing information services to the disabled and their families who live with them. We have yet to see this Bill. He also spoke about the long-promised disability Bill, which has still not been published. In essence, the Minister was saying the Government's bits-and-pieces approach to people with disabilities is exemplified by the way it puts together small pieces of legislation that meet small parts of the problems of those with a disability.

The approach that has been followed in the more progressive countries has resulted in all-encompassing, large-scale legislation that deals with all issues pertaining to the disabled. I refer to the Americans with disabilities Act and the Swedish disability legislation. However, the Government has adopted the piecemeal approach deliberately so it can avoid making decisions and making resources available. On that count, it stands grossly indicted for failing to meet the needs of the one in eight citizens who are disabled and those who live with them.

The ongoing debate on disability has been categorised by the lack of real commitment. When the Commission on the Status of People with Disabilities made a very comprehensive report with 402 recommendations, it was seen as a time of hope. People hoped many of the recommendations would be addressed. Some have been but they comprise a small number. Some years have elapsed since the publication of this report and the vast majority of the recommendations have not been acted upon and the needs of people with a disability are as pronounced as ever. For failing to respond to those needs and to implement the recommendations, the Government stands indicted.

It is shown where people with a disability stand on the Government's list of priorities. There is a political cliché in respect of those who should take part in Government that Labour must wait and that Fianna Fáil will look after people. This could be amended in terms of social policy to state the poor must wait. Certainly, in light of the list of priorities the House seems to put forward and how it allocates resources, the cliché should be that the disabled must wait. This is no longer acceptable.

We have had a period of unprecedented economic prosperity during which resources should have been made available. The infrastructure should have been put in place and the needs that were and continue to be unmet should have been met. The failure to do so means the Government rates disability as a tiny priority at the bottom of the ladder. It does this because it does not see any political percentage in it, although one in eight citizens have a disability and although their family members represent a significant proportion over and above that. The Government has decided the needs it should meet are those of the able, the prosperous and those who participate in the electoral process. As long as it wins 51% of the seats in this Chamber, it believes the rest of society can go to hell. That is the philosophy it has been arguing.

When we listened to the Minister for Defence talking about rights-based legislation being a charter for lawyers, we understood how the Government has lost the plot. Rights-based legislation does not mean that people with disability will rush to the courts at every opportunity, it means they will have enshrined in legislation the rights they deserve and the expectation that the Government elected on their behalf will uphold those rights.

The courts and the legal system need not enter into it. However, the Government is afraid of what that will cost. That cost should be met because it is the right of everybody in Irish society.

I welcome an opportunity to contribute to this debate and congratulate Deputy Stanton on putting down this motion. I wish to share my time with Deputies Enright, Lynch and Sherlock.

I will deal specifically with the mental health issue, which has been neglected by the Government. I am pleased the Minister of State with responsibility in this area, Deputy Tim O'Malley, is present. Since 1997, the investment in mental health services as a proportion of the total budget has dropped from 11% to 6.6%. That is a considerable decrease. The increase in funding for mental health services in that period is the lowest across all medical specialities. Given that one in four people will suffer from a mental illness at some time in their lives, this is a serious issue.

The Minister boasted earlier that since 1997, additional revenue funding of approximately €90 million was provided for ongoing developments in the mental health services. That is what has been invested over eight years. Compare this with the €52 million lost on electronic voting machines. It amounts to an average of €11 million per year, which is €4 million less than was invested in the Punchestown project. The Minister's words demonstrate the total neglect of the mental health services. The Government is not investing in them, it has no interest in doing so.

A recent meeting of the Oireachtas Joint Committee on Health and Children was attended by representatives of the Irish College of Psychiatrists. Their reports shocked some of the committee's members. There has been no investment in developing multi-disciplinary teams. In 1984, it was recommended that multi-disciplinary teams should be introduced. In addition to psychiatrists, such teams would include psychologists, occupational therapists and so forth. This recommendation has not been implemented.

Each year there are 20 training places for clinical psychologists even though 50 are required to maintain numbers at the present level. The service is deteriorating. There is an urgent need to train 100 clinical psychologists to introduce the multi-disciplinary teams. There is a direct correlation between multi-disciplinary teams and the level of non-drug treatment. The more prevalent such teams are, the more frequent is non-drug treatment. The opposite also applies because psychiatrists, due to not having the services, are obliged to use drug treatment. In this country, 83% of consultant psychiatrists have no access to a psychologist or a psychotherapist, 76% have no access to a family therapist and 33% have no access to an occupational therapist. That demonstrates that no attention or investment has been given to proper services for people with a mental illness.

Nothing has been done to implement the recommendations made since Planning for the Future in 1984 even though there are numerous such recommendations. This attitude of the Government compounds the problem of marginalisation and stigmatisation of the mentally ill. There was an announcement yesterday by the Irish College of Psychiatrists about the total absence of services for young people in the 14 to 18 year age group. I refer the Minister to the comprehensive report in the Irish Examiner today on what Dr. Ganter of the Irish College of Psychiatrists said about this.

There is a requirement for 224 beds for persons between the ages of 14 and 18 years suffering from a psychiatric condition. We have 20 such beds. A total of 20% of our prisoners are mentally ill, the prison doctors are on strike and nothing is being said or done about it. The national treatment purchase fund has been ignored for people with a mental illness. These people are on waiting lists. Why is the fund not used for them?

I will focus on the education aspects of the motion. The Government has been quick to quote figures and statistics to try to make the situation appear better than it is. However, if one asks the parents of a child with a special educational requirement if they believe they can rely on the State for the support they need, their answer would be a resounding "No".

When they try to access support, parents and schools encounter delays, cancellations, cutbacks in services and sometimes bureaucratic requirements that bear no relation to reality. I was contacted recently by the principal of a school in County Kildare. The second level school concerned has two students in wheelchairs. More than five years ago the school applied for funding to install a vertical platform to improve access to the school building. There was no progress with the application so the school applied under the much-hyped summer works scheme. The reply was that because the school already had an application in the Department for a new school building, it could not be granted this work under the scheme.

That leaves two wheelchair bound children going through the second level education system without proper physical access to the school they attend. The Minister admits that the school's application is in the early stages of architectural planning. This is bureaucratic nonsense and illustrates the disconnection between the needs of the schools and their students and the unresponsive and unhelpful actions of the Government. The Minister for Education and Science is abdicating his responsibilities to these pupils and many more in similar circumstances throughout the country. How can we live in a society in which this lack of care and absence of the most basic services is tolerated?

Yesterday, I received a reply to a parliamentary question I tabled to the Minister of Education and Science regarding the number of outstanding applications for special education resources awaiting assessment in the Department. Between February and August 2003, approximately 5,000 applications for these resources were received by the Department. A total of 4,000 of these or 80% of the total have been reviewed and considered but the resources applied for have not been sanctioned. This means the children in respect of whom these applications were made are still without the supports they require. Many of the applications are more than a year old.

Even worse, 3,400 applications received since last August have not been touched in the Department. That means 7,400 school children with special needs had nothing done for them by the Government for a year. A year of their education has been wasted as a result of not having the services they require. The reason for this is that the Minister for Education and Science and his Department did not have the competence to put in place a proper system to deal with applications.

Look at the national educational psychological service. In a survey of more than 10% of schools, which I conducted nationally, I discovered the average waiting time for children to receive an assessment by the service is six and a half months after referral, with one quarter of schools waiting more than nine months. A child referred for a psychological assessment at the start of the school year might have to do without that assessment until next year or beyond. One principal of a school attended by children with special educational requirements told me that some of her pupils had not been assessed for eight to ten years. This is no way to treat these students or to find out what special educational resources would benefit them and what supports they need.

Worryingly, the responses I received showed there might be 10,000 children throughout the country waiting to see an educational psychologist. Add that number to the 7,400 mentioned earlier and one can see the crisis that exists. The Minister's announcement of 350 additional resource teachers was typically blurred. He says they are additional but teachers throughout the country fear a reduction in the allocation to their schools. One size does not fit all for students with special needs and the Minister must understand that. I acknowledge the Minister has made some progress with the Education for Persons with Disabilities Bill but, as always, this is subject to resources, striking fear into the hearts of the families who had such high hopes for this legislation.

The motion before the House calls on the Dáil to affirm that people with disabilities are equal citizens of the State. Unfortunately, it is obvious that this is not the case in the education sphere. The report of the Commission on the Status of People with Disabilities stated it was the responsibility of the State to provide sufficient resources to ensure that pre-school children, children of school-going age and adults with disabilities have an education appropriate to their needs in the best possible environment. This is not being met. If the Government wants to meet this responsibility, it should support this motion, commit to supporting those with disabilities as equal citizens of the State and introduce the rights-based legislation for which we call.

I wish to share my time with Deputy Sherlock. I am sorry that the Minister of State, Deputy Tim O'Malley, has left. I do not say that to bring attention to his absence as most people do. Having spoken to him on many occasions, I believe he is genuinely interested. However, he does not seem to have enough courage or commitment to get the type of resources needed to do what in common decency our sense of morality should ensure is done as a matter of urgency.

I will not go through all the facts and figures of people with disabilities. However, we should take notice of some of them. Some 3,500 people with an intellectual disability are on waiting lists for services. In many ways this is such an enormous figure and in other ways it is such a manageable figure. We could address this problem if we had the political will to do so. More than 16,000 people are waiting for a residential place — in other words, somewhere to live. However, guidelines have not been issued to local authorities to ensure specially adapted homes are built in housing estates to ensure that people can live almost independently with the minimum of help. Some 1,400 people are on waiting lists for respite service and 680 are waiting for a day service in support and training workshops. These could also be addressed if the political will existed. Some 457 people are at home without any service, the majority with elderly parents.

We try to put ourselves in other people's shoes to judge how we would react to difficult circumstances. Regardless of where we come from, our social background, or how much or little money we have, we all have great plans at the expectation of a child coming into the world. The arrival of a new baby gives us great hope and we plan for the baby's childhood, upbringing and future. When a baby is born and is not quite as expected, the plan changes. The parents still have a plan but their demands are different. When their demands fail to be met, not alone are they in the first instance thrown off beam because their plan has to change, but they then realise the potential of the child cannot be met because the State refuses to establish the necessary services. Regardless of the intellectual disability, we are not doing what we should to ensure such children can reach their full potential.

I would like to talk about people with a condition of which I have some experience. I spent many years on crutches and I know the difficulties of people with a physical disability. This might be one they are born with. It might come about as a result of old age or accident. I know how difficult it is to operate in a world steps and stairs. Our obsession with steps and stairs and the design of our buildings is unreasonable. The reason for this is that we do not have a Government that insists that all our buildings are accessible. Regardless of whether people are unable to walk or are visually impaired, they should have complete access to public and private areas. However, we continue to design buildings which people cannot enter.

I would like Members to think about how they could get into this Chamber without going up or down stairs. It is not possible. When I was on crutches and wanted to come here, I had to stand at the top of the stairs and allow my crutches to slide down and hope they would stop before going too far. I then had to hop down to my seat. One of the ushers used to pick up the crutches and return them to me. On leaving I had to hobble back up and hope someone would bring the crutches up to me. I cannot fathom our obsession with steps and stairs in the world of the able-bodied.

At the time I wondered what would have happened had I been in a wheelchair. Would I have had to go through the indignity of being lifted in and out? What toilet could I have used? How would I have done it? If I were in a permanent state of incapacity, I could not become a Deputy because I could not access this building and do the job. Not being able to walk should not debar someone from doing a job. However, those of us who stand upright and can walk have ensured that those with a physical disability are debarred not just from public buildings but are virtually debarred from doing certain jobs as a result. This is not because of lack of talent or ability, but simply because they cannot get in or out. I find that reprehensible.

A well-constructed disability Bill would ensure that we exclude nobody, regardless of whether they have a mental or physical disability. When Members are leaving tonight and are walking home, I ask them to find an area that does not need to be accessed by steps. This should be possible, given that we can go to the moon and have mapped DNA.

To affirm the rights of people with disabilities as equal citizens of the State, I call for the immediate publication of the disability Bill and the acceleration of the programme for positive change in the provision of services. As the Minister of State, Deputy Michael Ahern, will know, the St. Joseph's Foundation, formerly the Charleville and District Association for the Handicapped, is seeking funding for its children's residential service, the implementation of the Joe Wolfe and Associates report that was submitted in 2001 and the elimination of care funding deficits. The foundation is projecting a budget deficit of €818,000 this year and, unless the situation is addressed, it will have no choice but to cut back on services.

The area of special needs in primary education is not being addressed. It is estimated that 1,000 additional teachers are needed to address the problem. Parents are angry because of the lack of special attention in schools that some children need.

I recently spoke to representatives of Schizophrenia Ireland. The committee wrote highlighting the difficulties that exist at national and local level. The health care budget allocated to mental health has declined in recent years and now stands at 6.8% of overall health spending. I call on the Government to prioritise the need to increase the funding for mental health services, which will foster the recovery process.

Recently we discovered that the disabled person's grant, which had been suspended for 12 months in the local authorities, was restored, but only at 90%. The additional 10% must be fought for or found by some other means. This is what the Government is doing to disabled persons. When the Minister stands up to speak, I hope she will give a definite date for introducing the disability Bill. I support the recent call by the members of the Commission on the Status of People with Disabilities for the immediate publication of the legislation and the acceleration of the programme for positive change in the provision of services.

We have listened to our colleagues on the benches opposite accuse the Government of a deliberate attempt to delay publication of the disability Bill. Members opposite have continually refused to acknowledge that the Government has pursued a progressive disability equality agenda over many years and continues to do so. It appears to be suggested that disability issues are being managed as a form of useful electoral ploy. While Opposition Deputies may choose to pursue this as a tactic, I propose to confine my remarks to matters of fact.

The Opposition motion refers to the enactment of "truly rights-based" legislation. Members have suggested that laws which bear this label are the best way to accelerate the provision of appropriate supports for people with disabilities. In truth, no formula is available to any Government to transform instantly existing levels of service provision. Our approach is based on reality and a recognition that reaching our goals involves continued capacity building and structural development. This process will accelerate positive change, improve services and help people with disabilities to participate as equal citizens in our society. There are three important phases in the process including the enactment of anti-discrimination legislation and the mainstreaming of service delivery for people with disabilities. The third phase is the strengthening of service delivery which will involve preparation of a broad-ranging positive action framework, one key element of which will be the disability Bill.

Significant additional funding for disability support services has been provided over several years. The Department of Social and Family Affairs has a sound track record of dealing with income support and other needs of people with disabilities. Almost €2 billion of my Department's total expenditure this year of €11.2 billion will fund schemes and services relating to illness, disability and caring. The Comhairle (amendment) Bill, which is at an advanced stage, will facilitate the introduction of a new personal advocacy service by Comhairle, the national information agency. The service will provide for the assignment of a personal advocate to persons with a disability. The advocate's main function will be to assist, support and represent the person with a disability in applying for and obtaining social services and pursuing any right of review or appeal in connection with it. It is my intention that a sign language interpretation service will form part of my Department's sectoral plan as provided for under the disability Bill and will be published in its final version.

There have been suggestions that the Government lacks a proper strategy and is not engaging effectively with core disability policy issues.

There is evidence.

Our strategy has been the product of extensive and sustained consultation with the disability sector, especially in the preparation of the disability Bill.

The Government is not listening.

The Taoiseach has taken an active part in this process and the Government remains committed to consultation. There are considerable commonalities between the Government approach and the range of proposals in the disability legislation consultation group document, Equal Citizens. The disability Bill reflects issues raised in this document to a significant degree. I do not accept that there is a need for the special summit sought in the motion as there will be further opportunities to express views on the Bill when it is published.

When will that be?

There is no good reason to assume the normal parliamentary process will fail to produce the necessary debate as is usual in respect of legislation generally.

I reiterate that the Government is committed to the implementation of a broadly based framework of measures, of which the disability Bill will be the key element. We will deliver what we promised in the agreed programme for Government. The Bill will include provisions for rights of assessment, appeals, provision and enforcement. The other elements of the framework are also well advanced and it will be capable of delivering tangible results which is what this debate is all about. Tangible results are what we all want to achieve. The work is difficult, complex and requires sustained effort and financial commitment across Departments and a wide range of public bodies. Our firm commitment is to see it through.

Many people will be disappointed having listened to the Minister speak tonight about this issue. The time for talking about how to help the disabled and their families has been over for a long time. It is time for sensible, imaginative and constructive measures to ensure that everyone with a disability no matter what its nature receives the best possible care and treatment at the appropriate time by right. The words "by right" are all important in tonight's debate but the Minister's speech showed that she has reneged on the commitment to provision on that basis.

I have seen first hand the magnificent work of the voluntary sector which is usually though not entirely populated by parents, family members and friends of disabled people. While one can only call them God's angels on earth, there are serious limitations to what even they can do. It is one of the great sins of the Republic of Ireland that a child can sit for five or six years in a primary school 80 years after we were granted our independence without receiving a professional assessment of his or her disability. Whether a child receives or partially receives the treatment or care that would make a world of difference to his or her life depends on the wealth or lack thereof of his or her parents.

After professional evaluation, the focus is on services. As many Members have said this evening, unless the integrated multi-disciplinary programmes which should be available are put in place, we are going nowhere. It is only when the system is rights-based that the disabled will receive their full entitlements. I understand such a system would require greater financial resources and that there will be times as the Minister has pointed out that Government spending will tighten. Surely, compassionate Ireland will not stand back and allow the elderly and the disabled to suffer. I commend my colleague, Deputy Stanton, who has put so much work into this area, on his call for a disabilities summit involving all stake holders. Properly motivated by a Government which shows compassion and a willingness to care for the disabled, the people would open their purse strings to provide greater financial resources.

I hope we move away from a system which is an insult to everybody involved. I put down a parliamentary question on behalf of the Ballinasloe Advocates last week which was answered by the Minister of State at the Department of Health and Children, Deputy Tim O'Malley. I do not have the time to outline the wishes of the Ballinasloe Advocates. Suffice it to say that the answer I received was that the Minister of State was referring the matter to the chief executive officer of the Western Health Board. I have yet to receive a letter from the health board but when I do it will state simply that if the money was available, it would be spent with the Ballinasloe Advocates. That is the sort of see-saw carry on which is so disgusting. If provision were rights-based, the money would be forthcoming. It was provided for everything else and it would certainly be provided for this.

The Minister referred to the disabilities Bill which has been so long in preparation to be brought to the House. If its provisions were to be rights based in the sense understood and sought by the groups dealing with the needs of the handicapped, it would certainly be announced before 11 June. Such provisions will not be made as the Government has announced everything available including provisions for Killorglin rowing club.

The Deputy did not do too much when he was on this side of the House.

The Bill will come after 11 June because the Government is to let people down again.

Gabhaim buíochas leis na Teachtaí Connaughton agus Stanton as a gcuid ama a roinnt. Ba mhaith liom tacaíocht a léiriú don rún seo ar son daoine le míchumas, ón gComhaontas Glas, ó Fhine Gael agus ó Pháirtí an Lucht Oibre. This joint motion from the Opposition highlights one of the many crucial differences between it and the Fianna Fáil-Progressive Democrats Government. The Government's mindset belongs to the time before the marriage ban and votes for women. Theirs is the time of the penal laws and the African slave trade. The Minister for Finance and other Government members claim that if rights-based legislation was introduced, it would cost a fortune, ruin the country and we would all be broke. Yet, the penal laws were repealed, the African slave trade has been abolished, women have the vote and the marriage ban no longer applies. We are still managing fine and the country is not on its knees. The debate for a rights-based disability Bill will fall into the same historical context when people look back at it in the future.

The Opposition is determined to factor in the needs and rights of people with disabilities. The yardstick for any ethical Government should be the words of Gandhi, "The greatness of a nation is to be judged on how it treats its most vulnerable people." Last night, I listened to the Government's defence, delivered in the heartless amendment to this motion by the appropriately named Minister for Defence. He spoke of consultation and the so-called Government response. His make-believe world is a creation of his forgetful mind as there has been consultation. In 1993, the then Government formed the Commission on the Status of People with Disabilities under the chairmanship of Mr. Justice Flood. In 1996, it recommended the need for rights-based legislation.

The Minister for Social and Family Affairs is correct in saying that this cannot happen overnight. However, these recommendations were made a number of years ago. This campaign is not just about the families who care 24 hours a day, seven days a week for a loved one with an intellectual disability. It is not just about the provision of respite and residential care and other help for organisations such as Prosper Fingal, the ARCH clubs, St. Michael's House, FADE in Balbriggan or the many Special Olympics clubs around the country. This campaign is about the dignity of every person in this country where those with disabilities have poorer education standards and worse employment rates than their EU counterparts. This is about the rights of anyone who after a car crash or serious illness, as Deputy Lynch testified, could be left in a position of not just empathising but experiencing what it is really like to live under a Government that refuses to respond to the need for rights-based disability legislation.

I thank all Members who took part in what Deputy Ardagh described as an important debate. There is not much of a difference between all sides in the House as all want to see progress for people with disabilities. It is the way it is achieved that separates us. The Minister for Social and Family Affairs, Deputy Coughlan, suggested that disability issues were being managed as some useful election ploy. She should recall how, on January 25, when the Chief Whip announced the Government's legislative programme for the forthcoming parliamentary session, the headlines stated that the disability Bill was on top of the legislative agenda. All Members expected it to be published during that session but it was not.

The Government did not deliver.

Hardly a day goes by without Deputies asking where the Bill is and why it has not been published. Though the Tánaiste recently said that there was one issue outstanding, the House is not told what that is. In spite of all the speeches from the Government side tonight, no light was thrown on why the Bill is not being published. The people deserve to be told what is holding it up. Consultations have gone on for years. If there are problems, the Government should just publish the Bill so all sides of the House can work together on resolving them.

The Minister also said that there is no formula available to the Government that will instantly transform existing levels of service provision. No Member suggested there ever was. Why is the Minister thinking like that?

I am not thinking like that.

The Minister must be receiving strange messages then.

I am receiving no strange messages.

Maybe the Minister should get her filters sorted out and listen to what people are saying.

Of all the Members of this House, I certainly do not have any filters.

This has been an interesting but disappointing debate, not least because it cast little light on the Government's intentions on the disability Bill. It has emerged that there is another strategic review of disability services, admitted by the Minister of State. The Minister seems to be getting excited again.

With two members of my family affected, I know more about this than some of the Deputy's colleagues.

There are more reviews and consultations, but no action. The Bill should be published and debated nationally. It is a scandal that it is put off again and again. Can people be blamed for thinking the Government is holding off on the Bill until after the local elections?

While this Bill may be published after the elections, another set of deadlines will whistle by. People with disabilities are again to be used as political pawns in a cynical game. That is what is making people so angry. I am amazed the Government is not aware of this. The Minister for Defence, Deputy Michael Smith, made a disgraceful speech last night showing how he had no idea what he was talking about.

He never has.

The Government has no intention of producing rights-based legislation.

Particularly when he talks about the Hanly report.

That is sweet coming from the other side of the House.

Last night the Minister for Defence stated that he does not believe "an uncritical acceptance of a right to services approach would realise the outcome which all concerned would like to see". He also claimed he was "interested in ensuring everybody who has these problems are dealt with appropriately and effectively without wasting resources in litigation". The Minister for Defence obviously believes that people with disabilities cannot be trusted not to waste money. The Minister of State at the Department of Justice, Equality and Law reform was more upfront. when he claimed:

. . . the Bill cannot ignore the reality that funding and resources are finite. Therefore, services will grow as budgetary and staffing constraints are overcome.

However, Deputy Ardagh said money was available. The Minister of State continued, "This approach is grounded in reality and deals with the actual delivery of tangible results." Now we know that people with disabilities will have to wait.

This contrasts with the Taoiseach's recent description of Ireland with regard to our EU colleagues. He said that the country was in a better economic position than any of the 25 member states, putting more money into infrastructure and having a more attractive tax code. However, people with disabilities do not live in the Taoiseach's Ireland. According to the Government, they live in an Ireland where there are shortages with no Exchequer surpluses resulting in cutbacks.

In reality, they live in an Ireland that cannot afford to provide them with accessible housing or respite or residential care. They live in an Ireland where elderly parents must pray their disabled children will die before them because they cannot trust the State to take care of them. They live in an Ireland where they are told things might be better next week, next month or next year, and they may get what they need. They live in an Ireland which sees them as a drain on resources and a threat to the State. They live in an Ireland that is happy to see 60% unemployment rates among people with disabilities with inadequate income support. They live in an Ireland which lets families struggle, at risk of poverty and under severe emotional and physical stress. They obviously do not live in today's Ireland.

People with disabilities cannot be afforded, are not valued and are consigned by the Government to another Ireland. They do not live in the Ireland that wastes €50 million on an electronic voting farce, a Punchestown stroke or an Abbotstown debacle. Staffing constraints and resource issues are subsidiary to equestrian centres and football pitches. It is a matter of political choice. The Government chooses which Ireland people live in by deciding how money is spent. People with disabilities are equal citizens of this prosperous State about which the Taoiseach so happily boasts. They cannot be consigned to the waiting room ignored, bypassed or patronised.

Their time for recognition has now come. I ask the Government to publish the Bill to allow debate in the House and outside. Deputy Ardagh said that he would allow the Oireachtas Committee on Justice, Equality, Defence and Women's Rights to hear submissions on the Bill, as was done at the education committee for the Education for Persons with Disabilities Bill. That Bill was changed radically as a result of this debate. In tandem, a disability summit should be convened for real engagement on the progressive realisation of rights and services for people with disabilities. Spinal Injury Ireland published a comprehensive report today on the difficulties faced by people with spinal injuries in accessing State services. Unfortunately, it is all too depressingly familiar. This will resonate with all people with disabilities. There is one quote I would like to bring to the Government's attention and which should inform its actions in this area: "People with spinal cord injury deserve equal opportunities."

There is much that is undignified about disability. There is much scope for disempowerment, depression and despair. There is also the possibility of challenge, opportunity and growth. The implementation of these recommendations would help make that possibility a reality. I ask the Government to help achieve this. It should publish the disability Bill so we can have a debate on this matter. I commend the motion to the House.

Deputies

Hear, hear.

There is no hope as far as the Government is concerned.

There is more hope than there was when Fine Gael was in Government.

Amendment put.
The Dáil divided: Tá, 58; Níl, 47.

  • Ahern, Dermot.
  • Ahern, Michael.
  • Andrews, Barry.
  • Ardagh, Seán.
  • Brady, Johnny.
  • Brady, Martin.
  • Browne, John.
  • Callanan, Joe.
  • Callely, Ivor.
  • Carey, Pat.
  • Carty, John.
  • Cassidy, Donie.
  • Collins, Michael.
  • Coughlan, Mary.
  • Cregan, John.
  • Curran, John.
  • Davern, Noel.
  • Dennehy, John.
  • Devins, Jimmy.
  • Ellis, John.
  • Finneran, Michael.
  • Fleming, Seán.
  • Grealish, Noel.
  • Hanafin, Mary.
  • Hoctor, Máire.
  • Jacob, Joe.
  • Keaveney, Cecilia.
  • Kelleher, Billy.
  • Kelly, Peter.
  • Killeen, Tony.
  • McDowell, Michael.
  • McEllistrim, Thomas.
  • McGuinness, John.
  • Moynihan, Donal.
  • Moynihan, Michael.
  • Nolan, M.J.
  • Ó Cuív, Éamon.
  • Ó Fearghaíl, Seán.
  • O’Dea, Willie.
  • O’Donnell, Liz.
  • O’Donoghue, John.
  • O’Donovan, Denis.
  • O’Flynn, Noel.
  • O’Keeffe, Batt.
  • O’Malley, Fiona.
  • O’Malley, Tim.
  • Parlon, Tom.
  • Power, Peter.
  • Power, Seán.
  • Sexton, Mae.
  • Smith, Brendan.
  • Smith, Michael.
  • Treacy, Noel.
  • Wallace, Dan.
  • Wallace, Mary.
  • Walsh, Joe.
  • Woods, Michael.
  • Wright, G.V.

Níl

  • Boyle, Dan.
  • Breen, Pat.
  • Bruton, Richard.
  • Connaughton, Paul.
  • Connolly, Paudge.
  • Costello, Joe.
  • Cowley, Jerry.
  • Crawford, Seymour.
  • Cuffe, Ciarán.
  • Deenihan, Jimmy.
  • Durkan, Bernard J.
  • Enright, Olwyn.
  • Ferris, Martin.
  • Gormley, John.
  • Higgins, Joe.
  • Higgins, Michael D.
  • Hogan, Phil.
  • Howlin, Brendan.
  • Lynch, Kathleen.
  • McCormack, Padraic.
  • McGinley, Dinny.
  • McGrath, Finian.
  • McHugh, Paddy.
  • McManus, Liz.
  • Mitchell, Olivia.
  • Murphy, Gerard.
  • Naughten, Denis.
  • Neville, Dan.
  • Noonan, Michael.
  • Ó Caoláin, Caoimhghín.
  • Ó Snodaigh, Aengus.
  • O’Dowd, Fergus.
  • O’Shea, Brian.
  • O’Sullivan, Jan.
  • Penrose, Willie.
  • Perry, John.
  • Rabbitte, Pat.
  • Ring, Michael.
  • Ryan, Seán.
  • Sargent, Trevor.
  • Sherlock, Joe.
  • Shortall, Róisín.
  • Stagg, Emmet.
  • Stanton, David.
  • Timmins, Billy.
  • Upton, Mary.
  • Wall, Jack.
Tellers: Tá, Deputies Hanafin and Kelleher; Níl, Deputies Durkan and Stagg.
Amendment declared carried.
Motion, as amended, put and declared carried.
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