Dáil Éireann debate -
Tuesday, 17 Oct 2006

Vol. 625 No. 4

Disability Act 2005: Motion.

Minister of State at the Department of Justice, Equality and Law Reform (Mr. Fahey)

I move:

That Dáil Éireann, in accordance with section 31 (6) of the Disability Act 2005, approves of the sectoral plans which have been prepared by the following Ministers: Minister for Health and Children, Minister for Social and Family Affairs, Minister for Transport, Minister for Communications, Marine and Natural Resources, Minister for the Environment, Heritage and Local Government, Minister for Enterprise, Trade and Employment, copies of which were laid before Dáil Éireann on 20 July, 2006.

The resolution before Dáil Éireann seeks the approval by the House of the six sectoral plans prepared by the following Ministers under sections 31 to 37 of the Disability Act 2005, thereby enabling the plans to take effect: the Ministers for Health and Children, Social and Family Affairs, Transport, Communications, Marine and Natural Resources, Environment, Heritage and Local Government and Enterprise, Trade and Employment.

Each sectoral plan sets out the programme of measures to be taken by each of the Ministers' Departments and public bodies under their aegis aimed at the provision of services to people with disabilities.

The six departmental sectoral plans are, perhaps, the most significant element of the Government's national disability strategy launched in September 2004. At that time outlines of these plans were published. The completed sectoral plans were then required to be laid before each House of the Oireachtas within one year after the commencement of the relevant provisions of the Disability Act. This deadline was met in July of this year.

The purpose of the national disability strategy is to reinforce and support the participation of people with disabilities in society. The strategy builds on the existing policy and legislation and has been endorsed in the new social partnership agreement, Towards 2016 under which the national disability strategy is the agreed focus for disability policy over the lifetime of the agreement.

The national disability strategy comprises four key elements, the Disability Act 2005, the Citizens Information Bill 2006, the multi-annual investment programme and the sectoral plans for service delivery by the six Departments named here.

There has been concerted action across Departments on the implementation of the strategy, not just in preparing these sectoral plans. In particular, much progress has been made in implementing the provisions of the Disability Act 2005. All sections of the Act have been commenced, with the exception of Parts 2 and 6. Arrangements for the implementation of Part 2 are set out in the sectoral plan of the Minister for Health and Children. Part 6 provides for the establishment of a centre for excellence in universal design in the National Disability Authority and will commence on 1 January 2007. The NDA is preparing the groundwork for the operation of this new centre from early next year.

Since 31 December 2005, all public bodies, subject to certain considerations, must meet a number of legal requirements in the area of improving accessibility, including the following: they must ensure that the provision of access to their services by people with and without disabilities is integrated; services and goods supplied to public bodies must be accessible to people with disabilities; they must ensure that the content of communications with people with disabilities are provided in an accessible format; procedures must be in place in all public bodies for the making of and investigation of complaints from people with disabilities; and public bodies must make their buildings accessible to people with disabilities.

To assist public bodies with practical guidance, these requirements are now supported by a new code, the Code of practice on Accessibility of Public Services and Information provided by Public Bodies, SI No. 163 of 2006, which was developed by the National Disability Authority and launched by the Tánaiste in July of this year.

The Act provides a legal basis for the first time for the requirement of public bodies to take all reasonable measures to promote and support the employment or persons with disabilities. It gives the NDA important new powers to monitor the implementation of the provisions across the public service. Other elements of the strategy include the Citizens Information Bill, published last week, which will provide for a personal advocacy service for people with disabilities and the Government's €900 million multi-annual investment programme 2005-09 for high priority disability support services.

The following are some of the other ongoing initiatives that complement the national disability strategy. A major national post-census CSO survey on disability is currently under way and results are expected next year. An amendment of the Cabinet handbook will incorporate a requirement that all substantive memoranda submitted to Government take account of the impact on people with disabilities. Appropriate guidance is being developed to assist with the new proofing requirements and investment programmes such as the enhancing disability services project fund and funding made available under the dormant accounts process.

It is agreed in Towards 2016 that future policy in regard to people with disabilities will be progressed through the national disability strategy with particular expression being provided through the suite of sectoral plans to be implemented by six Ministers and their Departments and public bodies under the Disability Act 2005. These plans represent a landmark in the progression of the national disability strategy.

Section 31 of the Act provides that in preparing and publishing their plans, each Minister is required to consult with representatives of persons with disabilities and in delivering on this, the National Disability Authority and the Departments concerned conducted a nationwide series of public consultation meetings on the draft plans.

The Act requires that the plans contain information on relevant codes of practice and regulations, complaints procedures, monitoring and review procedures and the level of access built into the services to be provided. The Act also requires that progress reports must be prepared on each plan within three years of their publication and that these reports are to be laid before the Houses. The Act makes specific provision for each sectoral plan, detailing key areas to be addressed.

The implementation of the sectoral plans will be monitored and reviewed. A high level group of senior officials will report directly on progress to a Cabinet committee chaired by the Taoiseach. Following the approval of these sectoral plans the monitoring arrangements will be strengthened by the inclusion of key stakeholder interest groups into the formal monitoring process. This is in line with the commitment to this effect set out in Towards 2016. Delivery of these plans will be supported by an effective whole-of-Government approach. Each of the plans contains specific commitments to cross-departmental co-operation.

The sectoral plan of the Minister for Health and Children covers the initiatives to be taken by the Department and the Health Service Executive and some 27 statutory bodies. The plan was developed through an extensive consultation process. One of the most important aspects of the health sectoral plan is the arrangements for commencing Part 2 of the Disability Act 2005, which involves assessments of need and service statements for people with disabilities.

Part 2 will commence for children aged under five years with effect from 1 June 2007. The Act will then be commenced for those children aged between five and 18 in tandem with the implementation of the Education for Persons with Special Educational Needs Act, EPSEN, 2004. The EPSEN Act is being implemented over a five-year timeframe from October 2005. Services for adults and children will continue to be enhanced progressively over the next number of years. The HSE will be promoting the practice of assessment of individual needs and the provision of service statements for all service users, as capacity permits. The statutory requirements of Part 2 of the Disability Act will be extended to adults as soon as possible but no later than the end of 2011. Significant capacity building to support the delivery of the plan is under way.

A major objective of the sectoral plan of the Minister for Social and Family Affairs is the development of services that give persons with disabilities financial security and encourage maximum participation in society. Initiatives include the transfer of income maintenance payments from the Health Service Executive, as well as a service delivery modernisation programme. The plan identifies the key actions which will be underpinned by co-operation across agencies to develop service provision for people with disabilities.

The sectoral plan of the Minister for Transport has been developed to accord with the concept of "transport for all" and will make an important contribution to addressing issues of disadvantage and social inclusion. The plan is underpinned by a series of policy objectives and specific targets for accessible transport across all modes of transport. These include measures to make trains, buses, taxi and hackney services, as well as air and marine transport, accessible to persons with mobility, sensory and cognitive impairments.

The plan promotes the principle of mainstreaming by making accessibility an integral element of the public transport services. Mainstreaming will operate in conjunction with the ten-year investment programme of Transport 21. This will be achieved principally in two ways. Accessibility will be built into new transport infrastructural projects and the acquisition of accessible vehicles, and funding will continue to be provided to enable the phased adaptation or retrofit of existing transport facilities. Transport projects will be monitored for compliance with accessibility principles. The public transport accessibility committee, comprising the Department of Transport, transport operators and the disability sector, including the NDA, will be fully involved in the implementation process.

The broadcasting and energy supply sectors are the focus of the sectoral plan of the Minister for Communications, Marine and Natural Resources. It addresses the context of the role of the independent Broadcasting Commission of Ireland and its responsibilities for regulating the sector, including RTE. It also deals with the Commission for Communications Regulation, ComReg, including its roles in respect of Eircom and An Post. The plan also covers services provided by energy suppliers in the context of the role of the independent Commission for Energy Regulation.

The sectoral plan of the Minister for the Environment, Heritage and Local Government will support the participation by people with disabilities in all aspects of economic, social and cultural life of the community. Priorities in the plan include the building and planning code, local authority accessibility plans and a housing strategy for people with disabilities.

In regard to the building and planning code, this initiative reflects the importance of accessibility of the built environment in enabling people with disabilities to achieve a quality of life comparable with that of other citizens. A review of Part M of the Second Schedule to the building regulations, on access for people with disabilities, was initiated in December 2005. The Department will prepare draft proposals by autumn 2006 to amend Part M. The Building Control Bill 2005 has been published and when enacted will strengthen the enforcement powers of building control authorities in implementing the building code.

As regards local authorities, each local authority will, within six months of the approval of this plan by the Oireachtas, carry out an accessibility audit of all roads and streets, pavements and pedestrian crossings, public buildings, public parks, amenities and open spaces, heritage sites, public libraries and harbours within its control and identify the remedial action necessary to make them accessible.

Each local authority will, within three months of completing the accessibility audit, draw up an implementation plan in consultation with organisations representing persons with disabilities. To bring a new focus to addressing their needs, a national housing strategy for people with disabilities will be developed. New protocols will be established for inter-agency co-operation for all special housing needs. Legislation will be introduced that will result in a new means of assessing housing need to ensure all people can live with maximum independence within their community.

The sectoral plan of the Minister for Enterprise, Trade and Employment contains a number of initiatives aimed at promoting equal opportunities for disabled people in the employment market. This includes the development of a comprehensive employment strategy that is aimed at enhancing the effectiveness of employment and vocational training programmes for disabled people, and further developing supports for the employment of disabled people.

Effective cross-departmental collaboration will be a key element of this strategy. The Department will establish a consultative forum on the employment strategy representing key stakeholders, which will provide a channel for members to contribute to strategic development on issues that directly or indirectly impact on vocational training and employment.

These sectoral plans are an integral part of the national disability strategy and the approval of these plans will mark an important advance in implementing the strategy as a whole. I acknowledge the considerable contribution the various stakeholders have made in shaping these plans. Our open constructive relationship with the stakeholders does not end here. The implementation of the sectoral plans will be monitored by the stakeholders and progress on implementing the plans will be reviewed at the latest after three years. These sectoral plans represent a real opportunity to strengthen the foundations of disability policy.

Mr. Stanton

I am pleased to speak on the motion. The Disability Act and the departmental sectoral plans are key elements of the national disability strategy which was launched in September 2004. The debate on improving services and supports for people with disabilities began with the establishment of the Commission on the Status of People with Disabilities in November 1993. The report of the commission, A Strategy for Equality, was published in 1996 and its aim was to ensure people with disabilities lead full lives and are fully included in all aspects of society.

Since the publication of the report there has been much debate and controversy surrounding disability issues with representative organisations fighting hard to ensure people with disabilities are given equal opportunities. I was disappointed with the lack of debate on the sectoral plans. I was unable to attend the launch of the plans due to the extremely short notice given. I was not automatically furnished with a copy of each of the plans — I had to request them. Open and frank debate on the content of the plans, in addition to all elements of the national disability strategy, is essential if the strategy is to succeed. I was also disappointed that none of the plans has been discussed by the relevant committees on an individual basis. I urge that those discussions take place because they would be useful for all involved in the process, giving elected representatives and disability organisations the opportunity to put their views forward. An open debate is important and I hope that the way in which the matter was launched — on a Friday evening in July with 24 hours notice given to Opposition Members — was not designed to keep us out of the loop.

From the content of the sectoral plans, it is clear that much work has gone into their development. Therefore, it would be appropriate to have their content reviewed and success reported on annually. Each of the committees shadowing the Departments concerned should have an opportunity to discuss how the plans are going annually. Obviously, there will be a three-year review. The proposal for an annual review was supported by my colleagues in the committee's debate last week, but has the Minister of State given it any consideration? The committee has probably requested that an annual review take place and I hope that will be facilitated.

I wish to highlight some of my concerns. Regarding part 2 of the Department of Health and Children's sectoral plan, the assessment of need process in the Disability Act attracted the most controversy during the debate on the Act. For children aged under five years, part 2 will begin on 1 June 2007, but children aged between five and 18 years must wait longer because the assessment of need process is being implemented in tandem with the Education for Persons with Special Educational Needs Act 2004. It was probably an oversight that the Minister did not mention the 2004 Act at the beginning of his speech when he outlined how the national disability strategy comprises four key elements, but it is an important part of the strategy and should be included. He mentioned it later, but it was curious that he did not mention it at the start. Perhaps there was a reason. Adults wishing to have their needs assessed will need to wait for more than five years with the timescale in the sectoral plan given as no later than the end of 2011, ten years after the scrapping of the Disability Bill 2001, the infamous "Wallace" Bill.

The appointment of assessment and liaison officers, their training and the development of protocols and regulations pertaining to the assessment of need is due to take place in April or May 2007. From where will these people be recruited, what qualifications will they hold and how many people must be recruited? The Minister of State stated there would be more than 1,000 new frontline staff and that €170 million had been allocated during the past two years. How is this money being distributed within the HSE, will the processes for staffing etc. be different in each HSE area and will there be an overall plan?

There are many concerns regarding the statement of services and progression of unmet needs. How will the HSE and the Department of Health and Children tackle these issues? All of the disability groups called for rights-based legislation and the ring-fencing of funding to tackle these issues. The establishment of a national disability database was supposed to go some way towards addressing these issues, but concerns have been raised, in particular by the Disability Federation of Ireland, about the voluntary nature of the database. I raised this matter on Committee Stage and raise it in the House because unmet needs and improved services are essential matters for people with disabilities.

Another issue of importance under the remit of the Department of Health and Children is the establishment of the health information and quality authority, HIQA, and the development of national standards for people with disabilities, promised to be in place by April 2007. A few minutes ago, the Taoiseach told the House the health Bill to provide for the establishment of the HIQA and the office of the chief inspector of social services on a statutory basis will not be published until 2007. It would also have provided for a registration system in respect of services for children, the elderly and people with disabilities to replace existing registration procedures in the Health (Nursing Homes) Act 1990 and the Child Care Acts 1991 and 2001. The change means it will not be published until February at the earliest, but the timescale in which to enact the legislation before an election will be short. This is a concern.

The National Disability Authority has been working on this matter for some years and the Minister of State has assured me that legislation to establish the HIQA is at an advanced stage. Perhaps it could be brought forward and published before Christmas. This is an important matter and the legislation needs to be published as soon as possible with a view to enacting it soon afterwards. Originally, the legislation was due in 2006.

The national disability advisory committee will monitor implementation of the national disability strategy and give a voice to disability organisations and other stakeholders. The committee was to be established by the end of this year, but the question is whether it will be running by then. The Minister of State advises that he hopes to have proposals shortly, but how soon will that be? It is hoped the committee will have its first meeting with senior officials by the end of the year. The committee will provide an important mechanism for service users to comment on their experiences and put forward their concerns. It will also replace the disability legislation consultation group, DLCG. I urge the Minister of State to ensure the service users are included and that he reaches out to the people who walked away from the DLCG to invite them back and create an inclusive group.

The main issue in terms of the Department of Enterprise, Trade and Employment's sectoral plan is the need to improve the workforce participation of people with disabilities of working age who are able and have a desire to work. The Department of Social and Family Affairs and FÁS have responsibility for vocational training and other education and workplace support initiatives for people with disabilities. It is disappointing that many financial supports available to employers, such as the wage subsidy scheme, do not have enough take-up for the annual budget to be spent each year. This is not the Government's fault, but perhaps communications and information issues must be ironed out so people can be aware of what is available and what can and should be done.

People with disabilities have a higher than average risk of poverty and a lower than average employment rate. At a committee meeting today, the Combat Poverty Agency highlighted the issue of people with disabilities having higher risks of poverty than others. Employment in open work environments and rehabilitative employment in supported environments are essential for people with disabilities. When employed, they often become confined in low-paid jobs at the lower levels of companies. Education, training and the availability of adaptive technologies are essential to allow people with disabilities the opportunity to advance in the workplace.

An argument made during the debate on the Disability Act related to the 3% employment quota in the Civil Service. Many believed that 3% was too low, given the percentage of the population assessed as having disabilities. Are there any plans to raise the level of the quota? It has been met in most, if not all, Departments, but the 3% ceiling might be too low. Perhaps we should increase it gradually to reflect the percentage of people with disabilities in the population.

The Department of Transport has a sectoral plan. A main issue raised by my colleagues and I on Committee Stage was the lack of available transport for people with disabilities, but I am pleased to hear from the Minister of State's speech that this matter will be addressed. The availability and affordability of public and private transport are key to allowing people with disabilities to be fully included in society. Transport is essential if people are to get to work or health or other social service appointments or if they are to have social lives and so on. The issue of a lack of transport is especially important for older people with disabilities, particularly those who live in rural areas and must rely on limited public transport initiatives or private taxi services or remain confined at home.

Older people can avail of the free transport service, but that is no good unless there is a public transport service available. For a number of years, there has been a call, particularly by the Irish Senior Citizens Parliament and Age Action, for a voucher system for people with disabilities and older people living in rural areas to access their rights to free transport.

In addition to an improved public transport service to connect large towns and cities and an improved rural transport scheme, I have concerns regarding disabled persons' parking cards, grants for people with disabilities for car alterations and accessible taxis. These matters were raised on Committee Stage and must be addressed. At a committee meeting last week, we dealt with them at length. People using disabled persons' parking spaces must be dealt with severely because those places are scarce.

One of the main responsibilities of the Department of Social and Family Affairs in respect of the national disability strategy is the provision of a personal advocacy service for people with disabilities through Comhairle. This service was to be established under the Comhairle (Amendment) Bill 2004, but the Bill was withdrawn and replaced last week by the Citizens Information Bill 2006, which will be debated in the Dáil shortly. I welcome this measure because we have been waiting for it for a long time.

Disability groups, particularly the NDA and Inclusion Ireland, have highlighted the urgency in introducing the service. It will form a major strand of the strategy and will be essential in guaranteeing people with disabilities access to support, services and assistance when accessing health and social services, particularly the assessment of needs process and the statement of services. It is envisaged this service will be in operation by 2008 and additional funding for it has been allocated to Comhairle in recent budgets. I welcome an expansion of existing services. Comhairle will also be responsible for the overseeing of a sign language interpretation service, which is greatly needed by people with hearing impairments as current services are limited.

All the main disability organisations have called on the Government to introduce a cost of disability payment to address the substantially higher living costs which people with disabilities face. This payment was first recommended by the Commission on the Status of People with Disabilities in 1996. It was examined by a working group chaired under the Programme for Prosperity and Fairness which concluded that in the absence of an assessment of need process and comprehensive data, it was not feasible. I want to see advances in this area, given that the post-census survey on people with disabilities is underway which should provide comprehensive data and also given that assessments of needs will be underway in the future. People with disabilities face higher transport costs, higher housing costs, higher education and social services costs and often, in particular where older people are concerned, higher heating costs. A supplementary payment would go some way towards helping these people with disabilities who live on their own meet these costs and I urge the Government to consider this in the forthcoming budget. It would be important to see this coming about.

On the Department of the Environment, Heritage and Local Government, recently I raised in committee the matter of the Barcelona Declaration and its implementation at local authority level. The Minister of State assures me it has been adopted by more than 100 local authorities. I want to see all the local authorities adopting it. Adopting it means nothing unless it is acted upon. The Minister of State, Deputy Fahey, might inform us, by correspondence or otherwise because he may not have time this evening, what monitoring is being done on the implementation of the Barcelona Declaration and what extra funding, if any, has been made available to the local authorities to implement the Barcelona Declaration if they sign up to it. I am aware of a couple of local authorities which have refused to sign it because they did not want to sign something to which they would be paying only lip-service. They state they will sign it if they get the funding but there is no point in fooling people and signing up to something they cannot do. I understand this was signed by former Minister, Dick Spring, in 1995 on behalf of the Government and it is the Government's responsibility to ensure there is a stream of funding to enable its implementation.

I also raised the matter of assessment of housing need. This was another matter of concern during the Disability Act debate, in particular, the assessment of need process.

I also asked the Minister about the review of the disabled persons' grants scheme. The Minister promised me on Committee Stage that he would provide information on housing assessment legislation and the grants scheme. Perhaps he would provide this information shortly. They all are issues regarding building control regulations, Part M and the accessibility of houses and public buildings for people with disabilities.

On the matter relevant to the Department of Communications, Marine and Natural Resources of the coverage of major sporting events for people with disabilities by broadcasters, I am happy the Minister of State has agreed there should be some coverage of these and that he would examine it. I welcome that and would welcome updates on the discussions that might occur on this matter.

A matter which concerned all the sectoral plans is financial accountability and monitoring and review mechanisms which will ensure each Department complies with its sectoral plan. The monitoring and review process must be transparent to ensure services and development included in the sectoral plans are correctly implemented. Regular and comprehensive reports from the new monitoring committee will be essential to the success of the sectoral plans and the national disability strategy as a whole.

I take the opportunity to wish the officials, the people who drew up the plans and those who will be responsible for implementing them, the best because it is so important that this succeeds. As I stated at the outset, it is also important that there is open, honest and frank debate on all aspects of these plans and all aspects of the strategy, both in the committee and in this Chamber, and that every opportunity be given to allow that happen.

Ms Lynch

I appreciate very much the speed at which the plans have come before the Dáil after being in committee last week.

During the entire debate on the Disability Act 2005 as it now stands, people felt the lead in time was too long, and that to have it spread over six Departments with six Ministers responsible was cumbersome and really could not possibly be effective in all areas. After looking at the six sectoral plans, I admit that I agree with them. No one wants to revisit the Disability Act 2005 at this stage, given that we waited so long for it and it is such detailed legislation. The Labour Party, in Government, will alter one element of the Disability Act 2005, that is, the Title, which will result in a free-flow consequence that it will not be resource dependent. We will guarantee, by right, services to people with disabilities. That needs to be said clearly.

Mr. Fahey

I guarantee Deputy Lynch that they could never implement it.

Ms Lynch

What is guaranteed is that with the type of approach taken some Departments, which I can identify, of the six will perform well and others will perform poorly. That worries me because there is not one person in this Assembly who does not want to provide services to people with disabilities, except maybe the Tánaiste and Minister for Justice, Equality and Law Reform, Deputy McDowell, who believes that a little inequality is good for us provided of course he is not the person suffering the inequality. It needs to be said that the cumbersome way in which it is hoped this will be implemented will create considerable difficulty.

I will start at the beginning of the sectoral plans, although I know I will leave something out. At the end of the day there are fundamental facilities we all need in order to participate fully in society. I will not go through The Rights of Man or such like, but the matters are the same. We need, in this day and age, a roof over our heads, transport, income and a health service and access to those facilities as the fundamentals. Once one has those, other matters come into play. We need to be able to communicate. We need to be able to express ourselves through education and through fora in which we are listened to.

There are six Departments and six Ministers overseeing these sectoral plans, as good as they are. While I have no fault to find with the officials who wrote these sectoral plans and the type of research that went into them, the implementation of the sectoral plans will not work because there is not one central person responsible.

The Department of Social and Family Affair's plan opens with the blurb that it is the responsibility of the Department of Social and Family Affairs to ensure security of income. On that it will succeed, but one first must ask about income and whether it is adequate. We all know it is not adequate. For an able-bodied person, social welfare is not adequate. I am not certain we will ever get to the point that social welfare will be an adequate income, but a person with a disability — I am not necessarily referring to someone with multiple disabilities — incurs more costs, whether in respect of needing particular shoes, clothing which must be altered, additional transport, a particular diet, housing or heating.

The disability sector is not looking for €200 extra per week in the next budget, although it would be fine if they could get it. What they seek is a phased introduction of a cost of disability allowance. That cost of disability allowance should be an entitlement irrespective of income, but it most definitely should be an entitlement irrespective of social welfare on which a person is solely dependent.

They will introduce the advocacy service, but there is no analysis of the cost and of how people with particular needs will live on a limited income. That analysis is missing. Such analysis is available but it is not included in sectoral plans, even though it should be. The Minister of State outlined the total number of staff expected to be employed to carry out the assessment of needs at the committee meeting but how many have been employed to date? For example, how many psychologists, psychiatrists or other professionals needed to carry out assessments have been recruited? In which HSE areas have they been deployed? What is the plan for the future? How many will be employed by 2007? What is the Minister of State's plan to address unmet needs, about which Deputy Stanton has also asked? Where is the plan to assess the needs of carers? The Disability Act 2005 needs fundamental amendment so that, for example, the needs of all carers are assessed. Only when their needs are assessed will the Minister of State know how much home help and respite care provision is necessary. If a good job is being done to care for a person, he or she will not have such need but this analysis must to be undertaken.

Transport is one of my favourite issues. We also discussed the disabled drivers guidelines at the committee meeting and while it may be boring for the Minister of State to hear this issue raised again, it is essential that it be dealt with. It is almost impossible to qualify under these guidelines. The only people I have met who qualify did so 30 years ago and they are still driving. The professionals carrying out the assessment would like to make the grant available but the guidelines are so rigid that they cannot go outside them. That is down to the Department of Finance and not the Department of Transport. As a public representative, the Minister of State knows this needs to be examined. It is outrageous that the partner or spouse of a person who has suffered a severe stroke and cannot drive is unable to qualify under the disabled drivers scheme to drive him or her around when it clearly would be a major benefit to them. This must be addressed. People with disabilities would like to know when the Department will insist that taxi drivers who obtain a licence under special provision to operate a vehicle capable of transporting people with disabilities should do so. People in wheelchairs do not decide at 5 p.m. that they would like to go to town at 6 p.m. because they never organise their lives that way. When will the Minister of State have the guts to direct taxi drivers to serve this cohort of people when they have received advance notice?

Many lovely references are made to housing in the Department of the Environment, Heritage and Local Government sectoral plan but no action has been taken. At this stage, a percentage of all new builds should be set aside for people with disabilities. Many commentators say there are not enough people with disabilities in the State to engage in forward planning like that. However, that is not the case and many people acquire disabilities. In ten years, I will need a bungalow as opposed to a house with stairs. We all will at some stage and we should have the choice to move. The Government should not continually plough money into stair lifts but should develop alternatives. I will not go into the farce surrounding the disability grants section and stair lifts because it is a frightening mess. People on the waiting list are dying before their needs are met.

The Building Control Bill 2005 was before the Select Committee on the Environment, Heritage and Local Government last week. It provides that people in wheelchairs will not be able to access buildings that are too small to cater for larger wheelchairs. When will that issue be addressed? Similarly, while access to toilets on trains has improved, trains are a nightmare to access for people in wheelchairs and it sometimes takes four staff to get them on board. Staff are helpful but they should not be in that position.

A new terminal has been opened in Cork Airport and I was staggered by it. Aside from the fight over air bridges, which resulted in only one being built, despite four being promised, when one alights from an aeroplane in the airport, one must walk up to one quarter of a mile to the new building. One walked the same distance to reach the old terminal but one entered it on the ground floor before collecting one's luggage and leaving. However, in the new terminal, one must climb two flights of stairs to the baggage reclaim area. We are all encouraged to bring our luggage on board nowadays and on the night I was in the terminal, an elderly woman in front of me had to climb those stairs while carrying her luggage. That is the essence of bad planning and the architect involved should never again be used. I assume the architect was a man because architects usually are but if am wrong, I apologise. Clearly, he thought that design was more important than access and it is outrageous that should be allowed to happen when designing a new building. While a number of people are supposed to be responsible for access, nobody took responsibility at the end of the day, and the same will happen with sectoral plans. Some will be very good but others will be very bad.

The blurb regarding employment and the sectoral plan in this regard are good but, at the same time, services delivered to people with disabilities in the community are totally dependent on FÁS and CE schemes. When will core funding be provided? The Minister of State referred to this in a previous contribution on this issue. When will officials be able to recruit, train and employ people without having to let them go two years later? A specific training programme is provided and such training is wasted under the current policy after two years. All the Minister of State needs to do is ensure core funding is put in place.

I worry about his statement that a monitoring body will be established because it is likely another quango will emerge. I agree completely with Deputy Stanton that service users must be centrally involved in the roll-out of the body. I do not want to be told in reply to parliamentary questions on sectoral plans next year that they are the responsibility of another body, which has no teeth and which cannot do anything about the failure to provide a service or to implement a sectoral plan. The Labour Party will amend the Disability Act 2005 in government to ensure people with disabilities have a right to services, which will not be delivered under the current legislation.

Aengus Ó Snodaigh

Ba mhaith liom mo chuid ama a roinnt leis na Teachtaí Finian McGrath, Catherine Murphy agus Cuffe.

Bhí muid go huile is go hiomlán i gcoinne an Bhille a achtaíodh sa bhliain 2005. Tá mé fós ina choinne, agus ba mhaith liom go ndéanfaí aisghairm air agus go scríobhfaí Bille nua a bheadh bunaithe ar chearta mar a lorg muid ag am na díospóireachta sin, agus mar a lorg a lán de na daoine a bhí ag agóid ina choinne. Is trua nár tharla sé sin.

Agus é sin ráite agam, tréaslaím leo siúd a chuir na pleananna seo le chéile, mar tugann sé treoir éigin dúinn maidir lena bhfuil an Rialtas ag iarraidh a dhéanamh sa chéad chúpla bliain eile. Ní leor iad, áfach, agus sin an drochrud ó thaobh na bpleananna seo. Ní leor na sé Roinn atá ainmnithe anseo. Lorg muid go gcuirfeadh gach uile Roinn plean le chéile, agus is trua é nach bhfuil sé sin os ár gcomhair sa Bhille atá á phlé againn anocht. Ní hiad na Ranna seo amháin a bheadh gafa le seirbhísí dóibh siúd atá ar mhíchumas.

The advantage of the sectoral plans is that at least a timeframe is involved. As such, the plans are welcome and the indicative timeframes are a means by which we can measure progress. It is a pity we are not dealing with rights so that they could be guaranteed but the sectoral plans before us are the best proposal we have and are welcome.

As Rehab stated, it is crucial the Government implements robust monitoring and fully delivers on commitments. It is a pity the relevant committees did not deal with the sectoral plans so the expertise of those who deal with issues involving health and children and social and family affairs was not brought to bear on the minutiae of each of the plans. Perhaps, as we progress, sectoral plans will first be discussed by the relevant committees and then forwarded to the Joint Committee on Justice, Equality, Defence and Women's Rights, which has responsibility in this regard because it also deals with equality. I hope the Minister will take this point on board. I hope also that more time is given to preparations for the debate and that each of us, as spokespersons on these issues, have the sectoral plans circulated to us rather than having to seek them out prior to the committee debate. I was not able to stay for the entire committee debate, which is a pity because I could probably have raised some of the points I intended to raise. Unfortunately, I had another engagement.

With regard to all of the sectoral plans, we need to ensure that we move forward, that delivery is achieved and that we set ourselves targets not only which are realisable but which force us to exert ourselves more than do some of the published plans. These targets should be slightly radical and force us to deliver this more quickly than is intended by the plans before us.

With regard to the sectoral plan on enterprise and employment, the attempt to improve access to employment for persons with disabilities needs to be backed by a commitment which permeates the Department's culture and informs its approach to planning and service delivery. This is essential if real advances are to be made towards the realisation of independent living. The strategy should also reach beyond simply focusing on vocational training. Barriers to choice need to be dismantled. In the immediate term, small practical changes can be implemented effectively, such as the following: parking bays for disabled people should be left free; disability awareness training should be rolled out; and access and reasonable accommodation for people with disabilities as service users and as employees should be provided.

The national supported employment programme is not inclusive, does not meet the needs of many employers and is not designed for people with significant disabilities. Just this morning, a woman with severe disabilities told me she is struggling because she has no alternative employment to her CE scheme but she has been told she must finish work with that scheme. We need to properly consider the effect all of this has on people with disabilities and how we can ensure they play as full a role as I or the Minister play in our society.

Mr. F. McGrath

I welcome the opportunity to address the sectoral plans in accordance with section 31(6) of the Disability Act 2005. I welcome any plans for strategies that assist our disabled people. I was elected on a strong disability platform and in this debate I strongly support all the disability groups and urge the Minister to listen to the recommendations and submissions made by them. I thank and commend the groups for their magnificent work in our society in the past ten to 15 years.

I remind Members that people with disabilities have rights, including the right to decent, quality services. We are not facing up to this fact at present. Plans are all very well but we need clear strategies on implementation. Any democratic and just society must put jobs, health care and supports for the disabled at the top of the political agenda. The debate about resources is over. We have the resources and finances. The Government must now get on with the job.

I find it amazing and unacceptable that a service such as St. Michael's House has 296 people on its residential waiting lists, over 74% of whom live on the north side of Dublin. To resolve this issue, St. Michael's House seeks to reduce its waiting list and provide an additional 70 places per year, which would not require much money or resources. St. Michael's House had a deficit in 2006 of €1.5 million and it is under pressure to reduce services to balance its budget. I ask the Minister and the Government to take action in this regard. St. Michael's House has been awaiting the implementation of the Harmon plan since 1999. It needs 59 extra staff to resolve these issues, which are very important.

I strongly supported the Disability Federation of Ireland in its recent pre-budget submission. I urge the Minister to listen to the federation with regard to two core issues. First, the Government should invest €50 million to address the residential needs of adults with significant disabilities who are inappropriately accommodated at present. Second, the Government should have the courage to invest €25 million in budget 2007 for home support, respite care, personal assistants and day care places for adults with significant disabilities.

This is an important issue. We must respect the rights of the disabled but we must also ensure they have proper jobs, health care and respect.

Ms C. Murphy

I agree with the sectoral plans, which are a good idea in principle. However, they cannot be academic. The problem with the sectoral plans is that expectations will be raised. People will have an assessment carried out and service plans will follow as a result — the focus will be on pre-school children. During the Adjournment debate last week I drew attention to difficulties with three children that highlighted the problem of the unequal level of service within the Health Service Executive. For example a child had to wait for 24 months for an assessment for speech and language therapy in County Kildare. This child's parents were advised the HSE can forward them a list of private occupational therapists. This child is autistic and is in a mainstream school because there is no occupational therapist available and resources are not available for such provision. I have a letter from the HSE indicating it cannot employ additional staff because there is a cap on the number of therapists it can provide.

These plans will remain merely academic unless the necessary people are put in place to deliver on what is provided in those plans. While the point was made during the debate on the disability Bill that finance will be a key issue, the provision of physical resources will be a key issue in the cases I raised during the debate last week.

I am happy to give the Minister of State details of three examples I used, as I was drawing attention to the needs of real human beings. That cap on employment and the unequal level of distribution of services in the HSE has the potential to ensure that these service plans cannot be delivered on in some parts of the country. It is not good enough that one's postcode determines the level of service one gets.

Mr. Cuffe

I met a father on a doorstep the other night who told me he gave up work two years ago to care for his disabled son. He used to coach two soccer teams but he no longer does that. His son is 19 years old, half my height and prone to injury. This child wishes to remain in education and needs special transport.

The acid test of any plan is whether it can offer hope to such a child whose father and family have given up a great deal to provide the best for this child. Unless we can look that child and father in the eye and say "Yes, we will deliver for you", we cannot say we are providing assistance to those with disabilities. This child simply needs direct transport to and from home to his place of education, but he is not being offered that.

We must think big on this issue in the way George Bush Senior did when he introduced the Americans with Disabilities Act some 15 or 20 years ago. He had a vision at that time — provision for the implementation of which he put down in black and white — that in five years' time every public building in the United States would be fully accessible to people with disabilities. That is the kind of vision we need from across the floor of this Chamber, but it is not there.

Far too much is buried in the small print and hidden behind bureaucratic fudge. I am concerned we are setting up complex mechanisms to deliver on the Disability Act. The timescales are too drawn out and funding for such provision is not clearly set out. I do not believe we can look that father or young man to whom I referred in the eye.

This issue is about simple matters. It is about being able to offer transport to a person with a physical disability. It is also about the provision of level access on footpaths and pavements of this city and elsewhere, ensuring that kerbs are dished and local authorities deliver on such provision and have the necessary funding to do so. It is about the provision of wheelchair accessible taxis. I suspect three quarters of the taxis that have come on to our roads in the past five years are not wheelchair accessible. That is an indictment of the Government. I accept it opened up the market, but the first thing it could have done was make sure that the new vehicles were accessible to those with disabilities. It is appalling that is not the case.

To borrow a phrase from somewhere else, the Minister of State should "just do it"; he should just make sure he delivers on the aspirations and vision that is required to improve the lives of so many people. Many of these people are hidden behind closed doors because they cannot go outside the door because the necessary facilities for them are not in place.

This issue is about the simple things. It is about allowing a father to give his son independence and allowing a 19 year old access to education. Unless the Minister of State can look that young man in the eye and say "Yes, we will deliver for you", he will have failed.

Mr. Fahey

I thank the Deputies for their contributions and positive suggestions, which have been taken on board. When the subject was discussed last week, I agreed to formulate a composite reply to address more comprehensively all the issues raised, which are the responsibility of various Ministers to whom the different sectoral plans relate. That is currently being done. I anticipate an overall reply will issue in the near future.

Deputy Stanton mentioned the monitoring arrangements to review progress under the strategy as agreed under Towards 2016. We will continue the practice of putting the stakeholders at the centre of this process. As I mentioned at committee new arrangements are being put in place involving stakeholders, representatives and senior Government officials and these arrangements will be in place before the end of the year. Consultation is ongoing on that.

Deputy Stanton raised the question of resources. More than 1,000 frontline posts are associated with the 2005 developments and in excess of that number are associated with the 2006 developments. This matter was also raised by Deputy Catherine Murphy and Deputy Lynch. During the past two years posts funded under the national disability strategy were additional to previously approved staffing levels, which led to a consequent adjustment to the approval of the employment ceiling for the health services. This has not happened in too many places.

The question of assessment was raised by several Deputies. The Act provides for the right to an independent assessment of need. A child may be assessed under the Disability Act or under the Education for Persons with Special Educational Needs Act. The HSE will appoint assessment officers and liaison officers throughout the country based on the assessment need as indicated by population profiles over the next 12 months. As a Deputy pointed out, that Act is central to our disability policy. As I said in committee, pending the establishment of HIQA the Department of Health and Children will initiate work on the development of standards in conjunction with the interim HIQA and in consultation with the National Disability Authority and the other relevant stakeholders.

Deputy Lynch mentioned disabled drivers and the disabled passengers' tax concessions scheme. There are strict medical criteria laid down for the implementation of this scheme. While I accept the point made by the Deputy, which was also made in committee, there were more than 9,500 claimants under this scheme in 2005 in respect of whom the total payment was €56 million. Therefore, it is a significant scheme. It was examined by the interdepartmental group, which made a number of recommendations, both immediate and long term. It raised many fundamental questions about the intended scope and purpose of the scheme into the future. Given the scope of the scheme, further changes can only be made after careful consideration.

On the question of housing raised by Deputy Lynch there will be a significant new national housing strategy for people with disabilities. The Towards 2016 draft agreement includes specific provisions for tailored housing and housing supports for people with disabilities including, in particular, adults with significant disabilities and people who experience mental illness. In fact, a significant housing strategy was agreed under Towards 2016.

The effective co-ordination of policies, the operation of the plans by various Departments and the delivery of services were mentioned by Deputy Lynch. The implementation of this strategy will be led by the Cabinet sub-committee on social inclusion, chaired by the Taoiseach. It will be supported by a senior officials' group, which will have regular strategy meetings. That group's sole policy focus is on delivering the disability strategy as outlined in the Act and the various sectoral plans I have described today.

Negotiations and discussions with the stakeholders will be ongoing. Their views, as has been the case from the beginning, are being taken into account in a most careful manner.

Deputy Ó Snodaigh mentioned employment and I agree there is a need for disability awareness training and a more general awareness among employers of the need to be proactive in employing people with disabilities. Deputy Cuffe mentioned transport and specifically the need for direct transport to and from home for disabled people. While I agree with his basic point, in reality, significant transport arrangements are already in place. Disability organisations have pointed out situations to me where three or four minibuses are picking up individuals in one small area of Dublin and taking them all in the same direction. In that context, there is a need for rationalisation and much greater co-ordination. Undoubtedly money could be spent more efficiently in this sector. It is not just a question of providing more money, as a significant amount of money is already being invested. Reform of structures and rationalisation of organisations and service providers is also required. That will come about through the HSE adopting a much more co-ordinated and synchronised approach than has been the case to date.

This is the most comprehensive strategy that has ever been put in place under any legislation enacted here. It involves the Taoiseach, the Tánaiste and all Ministers, in particular the six so-called line Ministers. I, along with my officials in the Department of Justice, Equality and Law Reform, am charged with co-ordinating the efforts being made. I am quite satisfied, given the strategy and the level of resources being invested, that we will see improvements. However, they cannot happen overnight and will take time. We are now on the right road and I am satisfied the disability legislation and strategy will enhance the lifestyle of people with disabilities.

Question put and agreed to.