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Dáil Éireann debate -
Thursday, 26 Oct 2006

Vol. 626 No. 3

Citizens Information Bill 2006: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

I wish to share time with Deputy Callely.

It is always a challenge speaking for a few minutes in a debate and then picking it up again a few days later. On Tuesday I said I have always had a good relationship with the Minister for Social and Family Affairs, Deputy Brennan. I hope admitting that does not destroy his career.

He is shaking in his chair.

The Minister is doing very well as Deputy Hayes knows. While the Minister and I share a constituency boundary, it is not just that. I have considerable contact with him through my work as a local Deputy and through my work on the Joint Committee on Social and Family Affairs and as secretary of the Fianna Fáil group. Since he came to the Department of Social and Family Affairs I have always said he is doing tremendous work and to my sense is revolutionising the Department. He has seen the challenges and is listening to what people are saying.

The halo is getting bigger.

Even the Opposition admits the Minister is doing a good job. If we were surveyed all of us would say the Department of Social and Family Affairs continues to be the best Department in terms of disseminating information. I have absolute proof of this in the business I do.

I am always sensitive about talking just about Tallaght. In the other contributions to this debate I have heard other colleagues talk about every street in their constituency, so I will talk about Dublin South-West — Tallaght, Brittas, Firhouse, Templeogue and Greenhills. The serious point is that in this century we still have a need to get information out. Many years ago I attended a function at Kimmage where a good Fine Gael man, Dr. Garret FitzGerald, made the point that many public representatives, particularly Deputies, would have time for other matters if systems were working.

I have already complimented the Department and I am not rowing back on that. We get many queries for different Departments, including the Department of Social and Family Affairs. They often relate to the system not working for the client. As the Minister has clearly indicated he wants to do, we must continue to provide a customer friendly service. Where people are unfortunate to have needs in respect of the Minister's remit, the Department should provide that type of service. We are all aware of cases when there are gaps in information and it is very important we continue to do all we can to ensure information is available.

Much progress has been made in recent times. Last week I told the Minister that the recent publication that the Department circulated to Deputies contained much good information. The staff working with me in Tallaght tell me that the information about contact points etc. continues to be improved, which is as it should be. When a constituent arrives at my full-time office in Tallaght village or at one of my eight clinics throughout my constituency seeking information, we should be able to get it easily. We should also work to allow them direct access to the information. While there will always be gaps in that regard, that is the ideal.

I will again talk about my town. I have often said here that the office of the Department of Social and Family Affairs in The Square is probably one of the best in the country and provides an excellent service. I compliment the Minister.

I note the presence of Deputy Callely, who was always very good to me when he was chairman of the Eastern Health Board.

The Deputy might mention the Bill.

Everything I have said is about the Bill.

It is all about Tallaght.

I have heard colleagues talk about every street in Cork, so the Deputy will need to bear with me. I do not mention Tallaght that often.

The Deputy will go down in history as the man who mentioned Tallaght in this House more often than anyone.

The Deputy might write to me about that and I will include it in my next leaflet because Fine Gael voters in Tallaght might need to hear how good I am.

The Department of Social and Family Affairs office in Tallaght provides an excellent service. It is supplemented by the citizens information centre in Tallaght village. I have heard other colleagues talk about their local citizens information centres. The operation of the citizens information centre in Tallaght represents good use of public moneys. Those offices provide a range of information on social welfare, taxation, free legal aid, family matters, health, education, housing, employment, consumer affairs, refugee information and local information. A range of application forms are available, including those for passports, driving licences, driving tests, medical cards and optical benefits, and affidavits are also available.

I ask the Deputy to give way. Does the Deputy have any opinion on the Bill?

I will engage with Deputy Stanton some day when I have more time and I would be happy to debate it. If the Deputies look up what I said on Tuesday and today, they will note I made many references to the Bill, which is excellent legislation.

Let me refer to the representations made to us on the Bill by the Disability Federation of Ireland. Those of us who attended its various briefings, at the Mansion House and elsewhere, will know it is very worthy of support. I am happy to support it.

It is very important that we continue to support all our disability groups. The Disability Federation of Ireland's response to the Comhairle (Amendment) Bill gave the Minister some work to do.

I thank the Ceann Comhairle for being patient with me. I am sorry my Fine Gael colleagues do not have the same patience but maybe I will work on them also and engage with them again.

Come on, any time.

I thank my good friend and colleague, Deputy O'Connor, for sharing time.

I welcome the opportunity to speak on the Citizens Information Bill 2006 and I congratulate the Minister for Social and Family Affairs, Deputy Brennan, on introducing it. The Bill is a fundamental part of the Minister's strategy to have an effective combination of supports in place to ensure the uniform provision of quality and relevant information, advice and advocacy services across the board under the brand of citizens' information.

The primary purpose of the Bill is to amend the Comhairle Act. I appreciate the tremendous work and effort of Comhairle and congratulate it thereon. I refer in particular to the very useful information it publishes throughout the year, especially in the publication entitled Relate.

Thousands of individuals and representatives of organisations frequently tell me about the tremendous support, information and services they receive from Comhairle. In the course of my constituency work, I have found Comhairle to be outstanding and I offer my congratulations to all involved. I am very pleased that the Bill strengthens the functions of Comhairle and I firmly believe information and advocacy are very important. They are now more relevant than ever before.

We live in interesting and challenging times. In Ireland we enjoy a bubbling economy that is the envy of many of our European neighbours. We have enjoyed some very good years and I am confident that Fianna Fáil, when in Government, will continue to safeguard the progress made to date and plan a future with positive results for all, especially the more vulnerable. The efforts of successive Fianna Fáil-led Administrations to develop our economy, infrastructure and communities have borne fruit. Over the past ten years we have witnessed unprecedented economic growth and dividends have been invested in our social services and other supports and structures in local communities. I want the progress made in recent years in our great country to continue and I want us to consolidate, maintain and build upon it. We should be proud that all our citizens, especially the vulnerable, can gain access to information and supports easily and freely.

We are often reminded that we live in an information society and this is true. This is why the Bill is timely; it will meet the needs of a rapidly changing society and keep abreast of the array of supports and services that are now in place. The information elements of the Bill are very relevant and designed to meet the needs of our rapidly changing society, in which the delivery of independent, accurate and user-friendly information to the public is so important.

Three groups in particular spring to mind when considering the benefits of this Bill, namely, the disabled, the elderly and the vulnerable.

One of the greatest achievements of western society in the 21st century has been the increase in life expectancy. Figures from the Central Statistics Office, collated from the results of the census, suggest the average age of our population is increasing and that there is a noticeable increase in life expectancy among the three aforesaid groups. The 1996 census showed that 11.5% of the Irish population was over 65 and recent projections suggest that, by 2031, this figure will have more than doubled.

The Government's commitment to the development of a comprehensive range of supports and services to all citizens, especially the disabled, elderly and vulnerable, can be demonstrated clearly by outlining the resources made available in recent years, along with the service developments. This Bill and Comhairle's strategic plan serve as a suitable mechanism with which to provide relevant information to the entire population.

I support the Minister's view that the provision of independent, clear and accessible information has a central role in helping to break down barriers, ease anxieties, open up opportunities and, very often, clear the way for citizens, particularly the most vulnerable, to improve their circumstances and build better lives. The Minister, his Department and Comhairle have undertaken a formidable task and have made great progress in commencing the process in question to ensure that information is accessible and that the personal advocacy service is based on a legislative and sound footing.

I cannot over-emphasise the importance of being able to access relevant information freely, easily and in a user-friendly manner. Examples of successful initiatives and practices need to be shared. A mechanism should be put in place to accommodate some types of shared success stories by way of chat avenues, whereby groups or individuals could share in the benefits of successful outcomes.

Comhairle is the national agency responsible for the provision of information, advice and advocacy services for everyone. From time to time, it focuses on a specific group and at present it is prioritising the information needs of older people. It recognises that older people need specific information at specific points of transition and it provides tremendous information, including all the facts and figures. The October 2006 edition of Relate covers a multitude under the theme “Information Needs of Older People”. Chapter headings include “From Work to Retirement”, “Illness and Needing Care”, “From Home to Long-Term Care”, “Health Services”, “Taxation” and “Equal Treatment”. It is great stuff and my only problem is that it is one-way traffic. I suggest that the Minister consider piloting an initiative in which individuals or groups could benefit from successful outcomes arising from tapping into relevant information such as that in question, and that he consider the manner in which it is applied and the benefits that accrue.

We need Comhairle and all the relevant information but it would be of great benefit if we could accommodate an information-sharing or chat page, perhaps on the new citizens' information website. Perhaps it could be accommodated easily. Difficulties arise owing to gaps in services around the country. We need to be a little more proactive across various Departments and regions to ensure uniform eligibility criteria, assessment and provision.

I very much welcome the fact that the Bill provides for the introduction of a personal advocacy service for certain persons with a disability. I note that the Minister said in his Second Stage contribution that "the Bill provides for the introduction of a personal advocacy service for certain people with disabilities who would otherwise have difficulty obtaining access to the services in place to assist them." However, what happens if the services are not in place?

We all acknowledge that there are gaps in service provision and that there can be "poles apart" variations around the country. There are many examples but from my experience I encountered gaps and variations in the provision of health and social services, along with services provided by the local authorities. To be fair, we have made great strides in the development of social services and in achieving social inclusion. However, with ever-changing goalposts, I often find that gaps and variations remain, not just at regional, departmental or agency levels but also at local level in terms of decision-making, even where there are clear qualifying criteria in place. Interpretations can vary from person to person within the same office and, given the existence of gaps at regional level, this causes some difficulties.

Many good things are happening in our services and in every community but we still have some way to go to ensure our services, supports and structures are such that there are equal opportunities for all. Issues in this area arise from a range of factors and they need to be addressed and resolved.

I share the Minister's view that the new personal advocacy service will be invaluable in supporting people with disabilities. I understand the Minister for Social and Family Affairs, Deputy Brennan, has already allocated €14 million for the provision of personal advocacy services. Those services, as set out in this Bill, provide for the assignment of a personal advocate to assist, support and represent a person with a disability in applying for and obtaining social services and in pursuing any right of review or appeal in connection with that service. As I envisage it, the position of personal advocate will be invaluable. Given that we currently enjoy almost full employment and great job opportunities with high earnings, there may be difficulties in filling those positions. While the allocation of €14 million is very welcome, we will need to monitor developments.

I note the Minister has put arrangements in place for the new personal advocate service. Those arrangements will be completed when the Bill is enacted. I ask the Minister to keep an open mind on this service because it might need to be somewhat flexible until it beds down, as one might expect with a new service. Overall, the development of the personal advocate service and advocacy services in general is very welcome. If these services are monitored and modified as required, this will be the breakthrough of the century. Can the Minister, Deputy Brennan, give the House details of the arrangements he has prepared in advance of the enactment of this legislation?

While I appreciate I am running out of time, I would like to deal with one section of the Bill. I refer to section 7 and specifically to the new section 7E. Will personal advocates work on a one-to-one basis at local level? Can a personal advocate be a family member? I fully appreciate the principles the Minister wishes to achieve throughout the Bill, particularly in section 7. Equally, I feel we need to provide for a level of flexibility. While such a level of flexibility could be interpreted as being provided for in section 7E, I am not sure all the safety valves which are provided for are needed. The Citizens Information Board may have to arrange for the functions of a personal advocate to be performed by persons other than its members of staff. Such a decision would have to be referred to the Minister for Social and Family Affairs for approval. I ask the Minister, who has indicated he will make changes to the published legislation, to consider this issue. He has said he will amend the section that sets out the qualifications required to be a personal advocate in the personal advocacy service, for example. Family members and friends should be accommodated in this regard. I appreciate the amount of time I have been given and I am sorry I do not have more time.

I am pleased to welcome the publication of the Citizens Information Bill 2006, which has finally made it to this House. In particular, I welcome the Bill's provision for the introduction of a personal advocacy service, to be operated by the Citizens Information Board. This service should help to enable people with disabilities to access the health and social services to which they are entitled. Disability groups have been campaigning for a long time for an advocacy service to be introduced. I am pleased that their Trojan efforts have paid dividends. I hope the advocacy service will be established in an efficient and effective manner, so it can be up and running by the intended date of 2008.

Historically, services for people with disabilities have been woefully inadequate in this country. We are slowly addressing the inequalities that have emerged as a consequence of those poor services. The Government needs to consider carefully the fact that a significant proportion of people with disabilities in Ireland, unlike many other countries, are residing in institutions. In 2006, it is not good enough to isolate people from their families and friends in institutions where they can be vulnerable. If the necessary resources are made available, it is possible to enable people to live in their own communities. I hope this aspect will be given attention by the Government in the near future.

An independent advocacy service is important if we are to ensure people with disabilities are fully catered for by service providers. The advocacy service will help people with disabilities to vindicate their rights and to receive equal treatment. It will allow people with disabilities who are unable to speak for themselves to have their views represented in respect of the services to which they are entitled. I welcome the Minister's initiative in broadening the definition of a "social service" in this Bill. It is useful to have such a definition enshrined in legislation. The definition could have explicitly referred to the areas of transport and access, however, as they are two important service components for people with disabilities. The Minister has yet to detail the geographic remit of the personal advocacy service. Will the service operate in regional offices? Will it be centralised in Dublin? If it follows the decentralisation model, it could be located absolutely anywhere. It would be useful to base the service in regional offices which feed into local structures. When service providers are located far from applicants, they can seem remote and intimidating. That is a problem we encounter in many of the areas with which we deal.

I am anxious to ensure the criteria for appointing a person as an advocate are appropriate. It is important that the best qualified and most appropriate individual should get the job. There needs to be trust and understanding between the advocate and the person whose interests they are representing. Ideally, the advocate would be well known to the person. An effective information campaign should be linked to this legislation to ensure the relevant people are aware of the new service, what it entails and how to apply for it. Organisations which represent the interests of people with disabilities will have a key role to play in the provision of information. Their views need to be taken on board by the Government and the Minister. People who are appointed as personal advocates must understand the needs and circumstances of the individuals whose interests they are representing.

I wish to speak about the dissemination of information about the new service. How does the Department intend to ensure that those who are eligible for the service are aware of its existence? Will special strategies be employed to reach people in residential institutions, for example? Will personal advocates receive training, briefings and in-service instruction? As changes are made in each budget, it is essential that personal advocates should begin with a good knowledge of the system. Similarly, they should be kept up to date as provisions and entitlements change, which they do on a regular basis. Members of the Oireachtas should be fully aware of the procedures for applying for a personal advocate position. People often contact their local Deputies in the first instance when they are filling in forms and dealing with Departments. Therefore, a comprehensive brief about the new service would be useful for public representatives. I refer not only to Deputies but also to members of local authorities and people on all other kinds of representative bodies throughout the country.

This proposed legislation will lead to substantial logistical demands. Personal advocates are allowed to attend any meeting, consultation or discussion to represent the person there. Who decides when such meetings take place, however? If the advocate is not qualified, the meeting may not take place at all. Who notifies advocates of these meetings? Are they entitled to such notification? The advocate can, at any reasonable time, enter any place where day care or residential care and training is provided to the person they are representing. No mention is made of places of detention and hospitals, however. Who defines what time of the day is reasonable? Will the service providers have responsibility for such decisions? Will it be necessary for an appointment to be made and notice to be given? When the advocate attends a meeting, what can he or she do?

A statutory or voluntary body that provides social services is required to co-operate with the personal advocate in the performance of his or her duties. A person who by act or omission obstructs or hinders a personal advocate in the performance of his or her functions shall be guilty of an offence and will be liable on summary conviction to punishment. Can a statutory or voluntary body be guilty of an offence? In the rest of the Bill, it states statutory bodies shall co-operate but here it mentions a person who obstructs or hinders an advocate. Who lays that charge? What checks and balances will be put in place to ensure that the system operates as it should in this context?

Another issue that needs to be addressed is monitoring the personal advocate's work and ensuring that all those with personal advocates are receiving equally high standards of service. This will be a difficult system to put in place, but it is vitally important. The advocate will occupy a very important role indeed and the entire premise for the system would be undermined if advocates were not performing to high standards. This is something that we really must get right in implementing this piece of proposed legislation.

This Bill provides for the establishment of a director of personal advocacy. Such a directorship will be an important but challenging task and it is, therefore, essential that the director's office is adequately resourced so that he or she can fulfil the functions without unnecessary impediments. Any director will benefit hugely from the expertise available through the disability support groups that exist. In the past provision has been made for new bodies to be established and then it transpires that they are swamped with work because of under-resourcing. We must ensure this does not arise in this case. The area of services for people with disabilities cannot remain the Cinderella of the sector forever and we must, therefore, ensure that funding and personnel allocations are true to the spirit of this legislation.

There is much else that could be said on this area and, once again, I welcome this Bill to the House. It is not before time and I hope it is the start of a real and sustained effort to ensure that people with disabilities are afforded equal rights and fair treatment, not only in theory but also in practice. I look forward to the enactment of this legislation when the time comes and I hope that it will make a real difference to many lives in the future.

I join previous speakers in complimenting the Minister for Social and Family Affairs, Deputy Brennan, on the initiative he has taken with the Citizens Information Bill 2006. Like Deputy Hayes, I have some questions but I understand that the delivery of customer-friendly information on rights and entitlements is the mainstay of the Bill which will enable us to move on and suggest how matters should be handled. Whether these rights are sought by an advocate or the individual it is important that we simplify existing procedures and make it easier, where possible, for people to know their rights. That is the intention of this Bill.

Deputy Hayes referred to making people aware of the availability of personnel, what is involved in the process and so on. We must recognise that the potential applicants are people who already have a difficulty operating in the mainstream communications network which is one of the reasons they need extra help.

In many groups with which we are involved people can be drafted in with many descriptions applied including CEO, information officer, co-ordinator and so on. In some cases they can almost take over the operation. I have respectfully suggested to many groups that those involved be the spokespeople in making their own cases and this is happening in more organisations, such as the Irish Wheelchair Association. It is important that an outsider does not take over the rights of group members or impinge on their entitlements.

We like to boast that we live in an information age and this has been said repeatedly in the context of this Bill. Sometimes we do not consider how this information age might adversely affect many members of the public. This applies not only to the disabled; there is a range of people directly affected by their lack of knowledge of modern technology and communications. Those of us who may have been given extra training can easily take such skills for granted and assume that everyone else is as expert. This is a mistake that is made repeatedly.

I ask the Minister for Social and Family Affairs to bear this in mind when we spread the message of the availability of this service. We speak of texting and e-mailing but probably 50% of the population is not au fait with such technology. There are some examples of how older people have been trained in the use of technology but I refer to the average person. We must remember when technology is implemented which we find useful in the dissemination of information that there are people still out of that loop.

I am worried by the trend of telling people to get information via e-mail, websites and computers when many have no access to a computer and even if they had would have no knowledge of how to use it. This is no reflection on mental prowess because older people have shown that they have the capability, given the opportunity, training and programmes geared towards them. We must consider those who have not received these opportunities. Young people are adaptable, will take on such changes with greater facility and love playing with video games and so on because they are reared in such an environment.

I am particularly concerned about access for the three groups referred to in the Bill. People with mental and other difficulties must be included and we must take note of their needs and ensure we reach them. This will not happen naturally but requires work.

Debate adjourned.
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