JOINT COMMITTEE ON JUSTICE, EQUALITY, DEFENCE AND WOMEN'S RIGHTS debate -
Thursday, 12 Oct 2006

Disability Act 2005 Sectoral Plans: Motion.

Chairman

I welcome the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Fahey, officials from his Department and the other relevant Departments to this meeting.

Following a presentation by the Minister of State, the committee members will make opening statements and put questions. Copies of the briefing material and the Minister of State's speaking notes have been distributed to members.

The committee is pleased to deal with these first sectoral plans under the Disability Act 2005, which is important legislation. The Bill received detailed consideration by this committee before it was finalised. The national disability strategy underpins the participation of people with disabilities in society. I welcome that it has been endorsed under the new social partnership agreement, Towards 2016. The substantial commitments in the sectoral plans demonstrate the continuing commitment to achieving real equality for people with disabilities.

Deputy Lynch

I am not sure if I should put forward a proposal now or after the Minister of State's presentation. I will be guided by the Chairman in that regard. I have read the blurb on the various plans, and I am grateful to the Minister of State and the officials from the Departments for coming before the committee, but this important legislation took considerable time. We are legislating very much into the future to provide for a sector of society whose needs have not been dealt with up to this point. It is important that the sectoral plan on transport, for instance, should be considered by the Joint Committee on Transport and the sectoral plan on social welfare should be considered by the Joint Committee on Social and Family Affairs. Those committees could examine the detail of the plan for those Departments. The sectoral plan on transport is one that comes to mind. We need to know the scale and timeframe involved where the resources will be invested and how the plan will be rolled out. This committee does not have the time to examine six sectoral plans. It is a very busy schedule of work. I put forward that proposal.

Chairman

The Minister of State, Deputy Fahey, has responsibility for the area of disability. I accept fully Deputy Lynch's point about the complexities involved regarding the other Departments. I propose that the Clerk forwards the transcript of the proceedings of this meeting to the other committees with Deputy Lynch's recommendation that they examine in detail the sectoral plans regarding disability that have been put forward and report their findings to this committee.

Deputy Lynch

Yes. As the Chairman said, their findings should be reported to this committee as it is the governing committee for approval or alteration of the plans.

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

While we would have no difficulty with the sectoral plans being discussed as much as is necessary, I understand procedures on that have been agreed. The issue will be debated in the Dáil next week and whatever length of debate needs to take place can take place in that forum. While I accept the principle of Deputy Lynch's proposal, once the order has been agreed for the Dáil, it will delay further the process that has been agreed.

Chairman

It will be up to the committees to decide the action it will take because it is independent of the Dáil but we will proceed as planned. I invite the Minister of State to make his opening statement.

Deputy Fahey

The business before the committee relates to the process provided for under section 31(6) of the Disability Act 2005. Under that subsection, a resolution approving of sectoral plans prepared under section 31 of that Act is required to be passed by each House of the Oireachtas before the plans can have effect.

The six departmental sectoral plans for the provision of a wide range of public services for persons with disabilities are a central element to the Government's national disability strategy launched in September 2004. Members will recall that outlines of these plans were published at that time. The completed sectoral plans were then required to be laid before each House of the Oireachtas not later than one year after the commencement of the relevant provisions of the Disability Act. That was done in July of this year.

The national disability strategy reinforces and supports the participation of people with disabilities in society. This strategy builds on existing policy and legislation and has been endorsed in the new social partnership agreement, Towards 2016. Under Towards 2016, the national disability strategy is the agreed focus for disability policy over the lifetime of the agreement. The key elements of the national disability strategy are the Disability Act 2005, the Citizens Information Bill 2006, the multi-annual investment programme and the sectoral plans for service delivery by six Departments, which are before us today.

We have made considerable progress to date in implementing the strategy. In regard to 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, to which I will refer again shortly. Part 6 provides for the establishment of an excellence in universal design in the National Disability Authority and will commence on 1 January 2007.

Since December 2005, all public bodies, subject to certain conditions, must meet a number of legal requirements, including the following: they must ensure that the provision of access to their services by people with or without disabilities is integrated; ensure that services and goods they are supplied with are accessible to people with disabilities; ensure that the contents of the communications with people with disabilities are provided in an accessible format; establish procedures regarding the making and investigation of complaints from people with disabilities; and make their buildings accessible to people with disabilities by 31 December 2015. These accessibility provisions are now supported by a new code, the Code of Practice on Accessibility of Public Services and Information provided by Public Bodies, SI 163 of 2006, which was developed by the National Disability Authority and launched by the Tánaiste in July of this year.

Other elements of the national disability strategy include the Citizens Information Bill, due to be published today, which will provide for a personal advocacy service for people with disabilities, and the Government's €900 million multi-annual investment programme covering the period 2005 to 2009 for high priority disability support services.

The national disability strategy is further supported by a number of other disability measures, including: a major national post-census CSO survey on disability, which is currently under way, the results of which are expected next year; amendment of the Cabinet handbook to 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.

In all of this, a key element of the strategy to deliver key services to persons with disabilities is the suite of sectoral plans to be implemented by six Ministers and their Departments and public bodies under Part 3 of the Disability Act 2005. These plans represent a landmark in the progression of the national disability strategy. The National Disability Authority and the Departments concerned conducted a nationwide series of public consultation meetings on the draft plans.

Section 31 of the Disability Act 2005 provides the legislative basis for the six sectoral plans. In preparing and publishing these plans, each Minister was required to consult with representatives of persons with disabilities. The Act requires that the plans contain information on relevant codes of practice and regulations, complaints procedures, monitoring and review procedures and a 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. 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 sub-committee chaired by the Taoiseach. This will be augmented, following the approval of these sectoral plans, by arrangements to integrate key stakeholder interest groups into the formal monitoring process. This is consistent with the commitment to that effect set out in Towards 2016.

A key objective of the plans is to ensure an effective whole Government approach and each of the plans contains specific commitments to cross-departmental co-operation.

I will outline the sectoral plans in some detail. The sectoral plan of the Minister for Health and Children was developed through an extensive consultation process. It covers the initiatives to be taken by the Department, the Health Service Executive and some 27 statutory bodies. 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 with effect from 1 June 2007. The Act will then be commenced for children aged five to 18 in tandem with the implementation of the Education for Persons with Special Educational Needs Act 2004. This Act is being implemented over a five-year timeframe, which commenced in October 2005. Services for adults and children will continue to be enhanced progressively over the next number of years. The HSE will promote 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.

The sectoral plan of the Minister for Social and Family Affairs is geared to developing 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 persons with disabilities.

The sectoral plan of the Minister for Transport has been developed to accord with the concept of "transport for all", which will make an important contribution to addressing issues of disadvantage and social inclusion. The plan sets out a series of policy objectives and targets for accessible transport across all modes of transport — measures to make buses, trains, 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 requiring accessibility to be 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 sectoral plan of the Minister for Communications, Marine and Natural Resources is focused on the broadcasting and energy supply sectors. The plan deals with 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. In the energy field, the plan 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. Its priorities include a building and planning code. Accessibility of the built environment is a key factor in enabling people with disabilities to achieve a quality of life comparable to 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.

Another priority of the plan is local authority plans. Each local authority, within six months of the approval of this plan by the Oireachtas, will 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, within three months of completing the accessibility audit, will draw up an implementation plan in consultation with organisations representing people with disabilities.

A further priority of the plan is a housing strategy. To bring a new focus to addressing the needs of people with a disability, a national housing strategy for people with disabilities will be developed. New protocols will be established for interagency co-operation for all special housing needs. Legislation will be introduced that will result in a new means of accessing housing needs to ensure that all people can live with maximum independence within their communities.

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

Effective cross-departmental collaboration will be a key element of the implementation 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. The approval of these plans will represent a significant step forward in implementing the strategy as a whole. I have already spoken about the considerable contribution the various stakeholders have made to Departments 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 stakeholders and the Government. 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.

I thank officials from the six Departments and other Departments who have put an enormous amount of work into the preparation and development of those plans, both before and since we passed the Disability Bill. I am happy that significant progress has been made in an area of activity which, by its nature, is slow enough to be progressed. As the Minister of State responsible for co-ordinating all these activities, I am satisfied that a significant effort is being made in this regard. Consequently, I compliment all the officials involved.

Chairman

I thank the Minister of State and concur with him on the comprehensive nature of the sectoral plans we have received from all the Departments. It will take a while to read and assimilate them all. The amount of work and effort that has been put into them is quite obvious. I thank everybody who has been involved in that.

Deputy Stanton

I welcome the Minister of State and his officials. I concur both with his and the Chairman's comments because it is obvious that an enormous amount of work has been put into the sectoral plans. Much thought has also been applied to the strategy generally. Over the years, there has been much debate and controversy surrounding disability issues. We are making progress, however. I support what Deputy Lynch said earlier. The thrust of her argument was that the more discussion we have on these issues the better it will be. I agree with her proposal that other Oireachtas committees should also be deeply involved in the sectoral plans pertaining to their Departments. The more debates we have the more light will shine into these areas and the better it will be for everybody. Everyone in the country wants to see this issue being progressed to the best possible extent. Everyone has a positive input to make on these matters. For that reason, we should be as open, frank and honest as we can about all these issues. We must listen to what people are saying so that we can learn from their needs.

While I want to be positive, I was disappointed to receive very short notice of the launch of the sectoral plans, which occurred on a Friday evening in mid-summer. It was impossible for me to be there given the short notice. That is not helpful. In addition, not every Member of the Oireachtas was circulated with the plans. It would have been helpful if every Member had received a copy of each plan. It would have given them an opportunity to read the plans and learn from them. I know they are in the Oireachtas Library but it is not the same thing. We should have as much debate on these plans as possible. Other committees should also have an opportunity to discuss the plans as well as possibly reviewing progress annually. Officials could attend committees to discuss with members what progress has been made and what difficulties there are.

I would like to go through some of the plans, although I am not sure how much time we have for this discussion.

Chairman

The Minister of State has said he is available for as long as the committee wishes.

Deputy Stanton

That is okay. I just wanted to be clear.

Chairman

Having said that, we all have commitments.

Deputy Stanton

Absolutely.

Chairman

We will try to optimise the time available.

Deputy Stanton

That is okay. I just wanted to be sure. The Minister of State said the plans will be monitored. I think he said that after three years, a report will be made on the implementation of the plans, but that is a bit long. I would like to see each plan being examined at least annually by each Oireachtas committee. Does the Minister of State have political responsibility for the overall co-ordination of the national disability strategy?

Deputy Fahey

Yes.

Deputy Stanton

Looking at the health sectoral plan for a moment, the draft national standards proposed by the NDA have been in gestation for a few years. In March this year, the report of the Comptroller and Auditor General pointed to the need for clear standards of care for people with disabilities. The sectoral plan from the Department of Health and Children promises national standards under the health information and quality authority by April 2007. Can the Minister of State be sure this timetable will be adhered to, given that the Bill to establish that authority and the social services inspectorate on a statutory footing will not even be published, never mind enacted, until sometime in 2007? In the meantime, is the Government satisfied with a situation where there are no agreed national standards for services to people with disabilities? What safeguards are in place to protect service users and service providers? The latter question is quite an important one.

Referring again to the most recent report of the Comptroller and Auditor General on the provision of services by not-for-profit organisations, it was emphasised, on page 43, that clear accountability and financial monitoring systems need to be put in place. The key objective of the sectoral plan is to ensure a process of financial accountability. However, there is no mention of any new method of financial accountability for service provision in the plan. How do the Department of Health and Children and the HSE plan to change this? That is quite an important issue. The Comptroller and Auditor General is concerned about it and I think we should be as well.

The plan states that the Department of Health and Children will establish a national disability advisory committee representative of people with disabilities and other key stakeholders to provide a forum to inform policy at national level concerning services for people with disabilities. That is to form part of the overall monitoring mechanism for the implementation of the national disability strategy in so far as it relates to health services, and to advise the Minister for Health and Children on progress in the implementation of the Disability Act 2005 within the health service. The intention is to have the committee established by the end of 2006. How does the Department intend to ensure that such a committee would be truly representative of people with disabilities as well as ensuring that service users' voices are heard? I am talking about service users in particular. Will it be modelled on the original DLCG, which was, by and large, representative both of service users and service providers?

On the transport sectoral plan, we have all seen major improvements of accessibility, which we welcome. Accessible transport cannot come too soon, obviously. The system for the disabled person's parking card is medically based. Some people have been refused cards, however, even though they clearly need them. Sometimes it is the passenger who requires the card, not the driver. Is the system being reviewed to take cognisance of such difficulties? What is the average delay in issuing such cards? Will the Department investigate the possibility of applying penalty points to people who park inappropriately in spaces reserved for disabled persons? Nothing infuriates me more than to see that happening and people do it all the time. Has the Department of Transport considered taking action to prevent that from happening? Is the Minister of State confident there will be a fully accessible intercity coach service by 2015?

In regard to the Department of Communications, Marine and Natural Resources, the plan states that in addition to any regulatory obligations, the Department will work with the regulator and industry to seek to maximise the voluntary delivery by industry for people with disabilities. What is the timeframe there? Is voluntary compliance enough? Will it work? In regard to the Broadcasting Commission of Ireland and the relationship with Setanta Sports and the City Channel, for example, are there any plans to ask these companies to cover major disability sporting events as part of the licensing criteria? Perhaps the Minister of State would consider that aspect.

Deputy Fahey

What is the Deputy's point in that respect?

Deputy Stanton

As the Minister of State knows, there are sporting events in which people with disabilities take part. It is important they are given some coverage by the various television channels. Sporting events for the able-bodied get plenty of coverage but it would be good if we could encourage the various television channels to cover events for the disabled as well.

I refer to the linking of each of the sectoral plans to the statement of strategy and business plans of the various Departments. In many of the sectoral plans, Departments recognise the need to embed the actions outlined in the business plans and strategy statements of the relevant Department. However, this is not identified across all the sectoral plans. Perhaps that could be looked at as well.

I refer to the specific health needs of people with mental health issues. The Disability Federation of Ireland, DFI, in particular, is concerned that the sectoral plan fails to meet the specific health needs of people with mental health issues. I repeat that on behalf of DFI which brought it to my attention. It also states that Sustaining Progress sets out that the Department of Health and Children will 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 disabilities. However, the review focused strongly on specialist service provision. It is stated in Sustaining Progress that the review should not be restricted to specialist health and personal social services but DFI maintains that the focus has been on specialist services.

In the plan, the Department acknowledges that it has carried out a strategic review of existing specialist health service provision for people with disabilities. The Department yet again chose to address, specifically, specialist social services in isolation. This must be acknowledged and readdressed through actions in the sectoral plan and the implementation of the mainstream agenda through the business plan of the HSE.

DFI is also concerned that a commitment given by social partnership in Sustaining Progress to review health services for people with disabilities is now, three years later, being interpreted as a review of special health and personal social services for people with disabilities. It maintains that this is a very serious matter. This needs to be addressed.

DFI also maintains that much of the detail regarding the independent needs assessment has yet to come by means of regulation. Can the Minister give us a timescale for those regulations? One of the key issues in the independent needs assessment is the need to develop processes to identify and target unmet needs. The issue of progression of unmet needs and how these will be dealt with is very important in terms of the planning and delivery of services over time. The area of unmet needs came up again in the discussion on the disability plan.

According to the plan, registration on the national disability database is voluntary and access to services is not contingent on the individual being recognised. This is in conflict with the current and future emphasis on database numbers in the allocation of development funds through the HSE.

In regard to the Department of Enterprise, Trade and Employment briefing paper, again there is much to welcome. However, according to DFI, the timeframes for the roll-out for the various elements of vocational training and employment strategy seem very tight and spillage in one would tend to have a knock-on effect, thus holding up the whole implementation process. DFI brought this concern to our attention, so I am sure the Minister of State received it as well.

It also notes the absences. The Health and Safety Authority, for example, is not mentioned. It maintains this impacts hugely on people with disabilities and that services on which they may be entirely dependent can be severely and unreasonably restricted by the various health and safety rules and regulations. The employment rights and industrial affairs division, including the labour inspectorate, is also not mentioned and this will impact substantially on people with disabilities, most particularly the proposed training and employment strategy being successful in getting people into, and keeping more people in, employment.

In regard to the county enterprise boards, DFI welcomes the proposed initiatives regarding entrepreneurship but this should have included a policy of promoting their excellent training programmes as well as other supports to community and voluntary organisations which are very significant employers in given areas.

DFI maintains that under the transport plan, the National Roads Authority, the National Safety Council and the Medical Bureau on Road Safety are left out of the loop in the latest draft it has seen. What role might these organisations play in the plan? They are significant organisations, especially the NRA. What role will it play in the plan or will it be involved?

An issue which came up earlier was the Barcelona Declaration. How many local authorities have committed to it and are implementing it? A number of them have said they do not have the resources and there is huge resistance there. Of those which are committed and have signed up to it, what type of review mechanism is in place to see how it is progressing? According to the sectoral plan, each local authority will, within six months of the approval of the plan, carry out an assessable audit of all roads, streets, pavements, pedestrian crossings, public buildings and so on and that each local authority, within three months of completing the assessable audit, will draw up the implementation plan and that in doing so, local authorities will consult organisations representing persons with disabilities. The Barcelona Declaration has not been taken on board and there is much work to be done by local authorities. How is the declaration being implemented? Have local authorities merely signed up to it? I am concerned about that issue.

On the sectoral plan for the Department of Social and Family Affairs, there is a transfer of the income support and maintenance schemes from the HSE to the Department. I refer to the domiciliary care allowance to blind persons, the blind welfare allowance and the mobility allowance. I understand this will require primary legislation. Perhaps the Minister of State will tell us when it will be brought forward or if it is needed. This is being looked at by an interdepartmental group comprising the Department of Social and Family Affairs, the Department of Finance, the HSE and the Department of Health and Children. As the Minister of State will be aware, the various schemes operate unevenly throughout the country. Could he give us a timeframe for when this might happen? There is also a proposal to extend the disability allowance to all in long-term residential care. When will that happen?

I welcome the announcement that the Citizens Information Bill, that is the former Comhairle Bill, is being published today. That is quite important.

The sign language interpretation service for deaf people is another issue. There is a considerable lack of Irish sign language interpreters at present. I understand that a steering group has been established by Comhairle to implement various reports here. Perhaps the Minister of State could enlighten us on the progress made in that regard.

There is a proposal regarding complaints and redress over and above the existing social welfare appeals and customer comments and complaints system by appointing access and inquiry officers and giving the Ombudsman's guide to internal complaints systems. How will these work in connection with the existing system? Have the sectoral plans been completed? I will leave it at that to begin with.

Chairman

That is certainly a comprehensive list.

Deputy Stanton

I have another query. What role have the Combat Poverty Agency and the Office for Social Inclusion in the sectoral plans? I could spend a week at this.

Chairman

I am sure the Minister of State will have answers to some of those questions but many of them might require a little more time. Perhaps we will proceed with Deputy Lynch.

Deputy Lynch

Like the previous speaker, I welcome the Minister of State and the staff from the various Departments. From my own experience, when one puts something like this together there is always something else that pops up and someone else comes in stating one has missed the obvious. That happens and that is why it is so intense as well. We really appreciate the work the officials put in because it is not easy and we are working from a low base. In many ways, it is good to be starting from virtually a clear base but on the other hand it means that the Minister of State is trying to include everything that could possibly arise in the future. Sometimes we do not tell people how much we appreciate their efforts, and we do.

The Disability Act 2005 has far-reaching implications. It is far-reaching in so far as its main objectives are to deal with the needs of people with disabilities. They have similar needs to us as well as additional needs, and the sectoral plans are really the mechanism by which we implement the Disability Act 2005.

As Deputy Stanton stated, we could spend a week here speaking about provisions which should be included, questions that we need answered, timeframes, and what will happen and when. That is why I propose sending the various sectoral plans to the different committees. It is important to do so because there is considerable detail within each plan, let alone all the plans, for one busy committee to deal with in a limited time.

For instance, what would be contained in the assessment of needs was the issue which took up most time in the debate on the Disability Bill. How many people have been employed to ensure that the assessment of needs will be carried out? Clearly, a range of services is involved. How many new posts have been created and what are they? How many people have been assessed to date? I am sure they are not waiting on the chequered flag to go up. Clearly, they knew this would happen. I would be keen to hear how that is happening and what has been put in place. What approach has the Health Service Executive taken? Has it been different to that of the old health boards? Is it a national approach? Are there guidelines? Exactly how is the HSE dealing with that? That is central to what we are doing.

If we are looking at how people with disabilities live, to start with we need to know their needs. How is that being done? Then we look at their need for financial support. When will we start seriously looking at the cost of disability? I am not calling it an allowance or a separate payment. I am referring to the cost of disability, the cost to someone who, for instance, cannot walk into town like I can. When will we start looking at the cost of that?

There are four key areas: health, environment, social welfare and transport. While on transport, what are the timeframes for the transport provision? When will we start telling people the State will reduce the licence rate for those who provide public transport for people with disabilities in the form of taxis? When will we start telling taxi licence holders that they must give people with disabilities priority? When will we start insisting that all taxis be wheelchair accessible?

That is the type of detail into which the other committees must go. I am doing it here and, as Deputy Stanton stated, I am just picking and choosing. As he correctly stated, first and foremost, we are probably the frontline committee on this and we must ask these important questions. These are questions we will be accused of not asking if we do not ask them here. I just want to know when that will happen, what steps are being taken and what is the timeframe for all this. I would hate to think that the people who campaigned so strongly for these changes will not be around to see them if we allow this to slip too long. When will all this happen?

The other matters I, as a public representative, find particularly annoying are the guidelines for people with disability on their right to a reduction of vehicle registration tax, VRT, and the special status for disabled drivers. I will not tell the Minister of State what is normally said about the guidelines because it would not be correct to do so, but they are impossible to comply with in a modern world. What frightens me more is that there are people, who become disabled as a result of stroke or accident as opposed to being born with a disability, who need to be driven but whose driver will never receive that benefit because he or she does not comply with the criteria. Even the people operating the system write back to us including the guidelines and stating that we know what they are dealing with and the guidelines need to be changed.

The guidelines need to be changed. We live in an entirely different world. A car is not a rarity anymore. Perhaps we would be better off if it were, but it is not. It is now an essential mode of transport which every household has and needs because we do not possess a good public transport system. When will the change of guidelines happen?

The Minister of State spoke about local government. I see it and the environment as a key area for people with disability. In our cities the footpaths are dished and the traffic lights sound permission to cross for the visually impaired. These are vitally important advances. We live in an entirely different world than we did 20 years ago when we hardly saw people with disabilities on the streets. We do now, and they are not going back into their houses. They are staying out there, rightly so.

However, that is not the only obstacle people meet when they are walking along our thoroughfares. They encounter poles that are situated in the middle of footpaths or located 12 inches away from the walls of buildings. They also come across traffic light standards that are set so far back from the edge of footpaths that they cannot pass. Such obstacles are the fault of local authorities and bad planning. When will we put right the problems relating to what is already in place and ensure that such problems do not arise in the future?

Committee Stage of the Building Control Bill was taken yesterday. When the guidelines relating to building controls came into being, the only type of wheelchair available in Ireland was that which had to be pushed by another person, but that is no longer the case. Modern wheelchairs are motorised, battery operated and allow people who do not have the use of their hands to any great extent to get about on their own. The people to whom I refer cannot use public toilets because they cannot gain entry to them in their wheelchairs.

The building controls guidelines do not cater for those with mobility problems. When will we take action and demand that people be granted proper access? Will the Minister of State indicate when we will insist that all new builds should include 5% of accommodation that is specifically designed for people with disabilities? It may seem that this represents a high number of all new buildings and the obvious reply is that there are not that many people with disabilities, but that is not the case. People sometimes acquire disabilities in later life as a result of strokes, accidents, etc. As stated previously, this is not the Ireland of 40 years ago. At that time, people were born in a particular house and they died there. That is not the case now because people move. The act of moving is no longer so traumatic. We must ensure that action is taken in respect of these matters.

In respect of employment, transport is necessary to allow people to move around and they require housing in order that they might live independently. In order for that to happen, people must have proper incomes. These matters are interconnected.

On the sectoral plan for the Department of Enterprise, Trade and Employment, as already stated, the position is different and better than in the past, but I do see nothing in the plan that is imaginative, innovative or even aggressive in terms of encouraging the employment of people with disabilities. The plan provides for an increase in the number of community employment schemes. Such schemes will mainly be run by organisations which deal with people with disabilities. That is not integration and it will not lead to people being integrated into the wider community. It is not about educating those who do not have contact with people with disabilities about such individuals. That is crazy.

If people who run these organisations — I have written to the Minister of State about this matter on several occasions as, I am sure, has every other public representative — had access to core funding, they would be able to provide better services and would not be concerned each year as to whether their funding would be reduced or increased or whether they would receive moneys in respect of new projects. Access to such funding would allow them to make greater strides in the context of ensuring that people with disabilities would be in a position to obtain employment in other areas.

There is a range of issues with which we must deal. Deputy Stanton's suggestion regarding a 12-month review of the sectoral plans by the various committees is welcome. We have reached the point where it should not be a matter of argument and where we should be doing nothing other than discussing improvements. Everyone agrees that the sectoral plans must be put in place. In that context, we must focus on the smaller aspects which will make those plans work better and will lead to great improvements in the lives of people with disabilities.

Deputy F. McGrath

I welcome the Minister of State and his staff. On the broader issue of sectoral plans and the national disability strategy, I welcome positive developments for people with disabilities because those individuals have been catching up in the past four to five years. However, there is a long way to go.

As regards the national disability strategy, I am concerned that there will again be a great deal of talk and I am extremely worried about delivery in respect of many of the key issues to which it refers. I would like to hear the views of the Minister of State on that matter. The first issue on which I wish him to comment is that of unemployment among people with disabilities. The figure in this regard remains extremely high. How does the Minister of State intend to address this issue, which remains at the top of the political and social agendas?

The Minister of State referred to the national disability strategy reinforcing and supporting the participation of people with disabilities in society. That sounds worthy, is a noble aspiration and displays great vision. How is it possible to square such comments with the fact that in the past 48 hours it has emerged that St. Michael's House, which provides services of very high quality for people on the north side of Dublin, has 296 people on a residential waiting list, requires 70 places per year to help it emerge from the crisis it currently faces, has a deficit of €1.5 million and has indicated that it will require an additional 59 staff to deal with these matters? A total of 70% of the people to whom I refer live on the north side of the city. It is important that we address this issue as well as dealing with those of a broader nature.

On the sectoral plan for the Department of Health and Children, Part 2 of the Disability Act 2005 relates to assessment of need and service statements for people with disabilities. Will the Minister of State indicate why major gaps remain between assessments for people with disabilities and the delivery of services to them? This matter is a regular topic of discussion at members' clinics.

As regards the sectoral plan for the Department of Transport, reference is made to disadvantage, social inclusion and targets for accessible transport across all modes of transport. To what do those targets relate and will they improve the situation? Again, the transport needs of people with disabilities is an issue with which members must deal on a regular basis.

On the local authority plans and the accessibility audit of all roads and streets, there is still the major issue of people with disabilities being unable to negotiate their way around. If people with disabilities are to be able to live independently, accessibility is essential. The accessibility audit of our roads and streets must be carried out in full because people with disabilities regularly indicate that trying to get around is a nightmare.

With regard to housing, I wish to ask a number of difficult questions. We all accept the principle that people with disabilities should be able to live with maximum independence within their communities. What are the plans and targets in respect of this issue? I strongly agree with Deputy Lynch on the figure of 5%. Let us get real about this matter. That figure is achievable. When I was a member of Dublin City Council, its figure for the employment of staff with disabilities was 4%. As far as I am aware, in the first year in which this target applied the council exceeded it and achieved a figure of 4.7% because the staff of the council took a realistic view in respect of employing and working with people with disabilities. They were creative and radical and assisted in the development of circumstances in which the target could be achieved. We should support the concept of achieving a figure of 5%.

If there is to be independence within the community, there must also be a strategy to remove people from institutions. An example of good practice in the past 48 hours is that the nuns in St. Mary's in Baldoyle handed over a property worth €30 million to St. Michael's House and accepted a sum of only €100 in respect of it. They have handed over property valued at more than €30 million to St. Michael's House for €100, for which they should be commended. The patients will be taken out of the institution and integrated into the community in groups of five and six. That is a fantastic project. Will the Government fund and support that work, which has commenced? How will patients be taken out of institutions generally?

Many people complain about the lack of quality buses for people with disabilities. Senior management's thinking on this issue is lacking. Last week it was announced the bus service to the CRC and the Irish Wheelchair Association in Clontarf would have to cease for four or five weeks because of the Dublin Port tunnel works. How does that square with the provision of bus services for people with disabilities? The Department of Transport's sectoral plan refers to monitoring and evaluation. Mechanisms must be put in place to deal with these issues.

I referred to the unemployment rate among people with disabilities. How will the Government address disincentives and benefit traps that may create barriers to employment for such people? Can people with disabilities access mainstream health services? This has not been addressed but this reality must be faced.

As the Minister of State formulates the national disability strategy, will he work with and, in particular, listen to all groups representing people with disabilities when they make their submissions? A great deal of goodwill is expressed on this issue by public servants and Oireachtas Members but the key is to listen to people with disabilities and I urge the Minister of State to do so.

Mr. Fahey

I thank the members for a comprehensive set of questions and I will endeavour to touch on all of them. Perhaps my officials will prepare a more comprehensive response to the various pertinent issues raised.

Deputy Stanton referred to HIQA. The legislation to establish the authority statutorily is at an advanced stage of preparation. Intensive public consultation has taken place and, in the meantime, the Department of Health and Children has prepared standards on an interim basis. Everything is being done to publish the legislation and significant work is ongoing. The normal standards of financial accountability will apply but, unlike previously, the HSE has its own budget and funding and, consequently, financial accountability will improve because of the synchronisation of expenditure throughout the State as opposed to dealing with eight different health boards. It is becoming evident that accountability is improving, as is the co-ordination and efficiency of expenditure. The HSE is working apace on that issue.

I agree with members about the car parking issue. Increased availability, stronger penalties and improved monitoring are all being considered by the Department and my officials will forward a more comprehensive response on that matter.

I will bring the question of including disability in the licensing criteria for sports organisations to the notice of the Broadcasting Commission of Ireland, given its relationship with various radio and television stations. I agree with Deputy Stanton's sentiment that we would all like more coverage of disability sports, although it has improved in recent years.

The assessment of needs is carried out on an ongoing basis and, therefore, there is no question of waiting for HIQA or another authority to be established. Greater co-ordination of the assessment process has taken place and discussions are ongoing between the HSE and service providers regarding a more improved and efficient assessment of needs. The progression of unmet needs depends on funding and better organisation. A series of initiatives is being undertaken in respect of human resources planning within the Department of Health and Children and the HSE. The increase in the number of various therapists will result in a comprehensive work programme to address the shortage of key allied health professionals across the spectrum. During the debate on the Disability Bill, members referred to shortages in this area.

Deputy Finian McGrath referred to the employment of people with disabilities and the concerns expressed by the HSE. The Department of Enterprise, Trade and Employment's plan lays out a new series of initiatives to ensure greater accessibility and opportunity for training for people with disabilities. I partially agree with Deputy Lynch's comments on CE schemes and the need for core funding but one of the greatest challenges faced by the Department and FÁS is the need to create greater awareness among employers about their corporate social responsibility to employ more people with disabilities. I know from my time in the Department that it is a constant battle to encourage employers, including the public sector, semi-State bodies and local authorities, to be more proactive in the employment of people with disabilities. That challenge is being addressed under the sectoral plan for the Department of Enterprise, Trade and Employment.

Deputy Stanton raised transport issues, including accessibility to coaches and availability. A number of positive actions are being taken, particularly in regard to long-distance coaches, which is one of the most difficult issues. The problem is not unique to Ireland but, in recent times, the Department directed Bus Éireann to acquire long-distance coaches that would be accessible by people with disabilities. The company has agreed to acquire these buses. A major four-year European research project, COST 349, is in progress. It reported in October 2005 and made recommendations in respect of accessibility matters for certain coach types. Also, Bus Éireann is in the process of producing a coach accessibility programme in light of trials being carried out and the pressure put on it by the Department and the public transport accessibility committee.

I will come back to the Deputy with a more detailed response on the question of road safety and the non-involvement of the HSA and the NRA. I am not in a position to comment now, but I agree that such involvement is necessary.

The Deputies mentioned the review of many aspects of the disability strategy and asked about the monitoring and review mechanisms. Progress is being made in the Department of Health and Children and it is intended to have a review of the sectoral plan in mid-2007. Following on the review, further actions will be identified and specific timeframes will be agreed with the HSE and other bodies under the auspices of the Department. The national disability advisory committee is being put in place and it will also advise on progress on implementation of the Act.

I take the point made by all speakers with respect to the review period of three years for the sectoral plans. The maximum is three years and this was discussed in some detail during the passing of the Bill. It does not suggest that reviews cannot take place within a three-year timescale. Ongoing monitoring will be available, but to seek more frequent reviews would mean officials would spend more time reviewing than getting on with the task of implementing the plans. There is a firm commitment in the plan to review the issue of parking and we will provide more details on that to the Deputy.

Deputy Stanton also asked about local authorities, the review mechanism, audit and implementation. Local authorities must now engage in a comprehensive process and carry out detailed audits of roads, streets, pavements, pedestrian crossings and public buildings. Implementation plans must be drawn up and published by the authorities and they must implement the commitments and objectives set out in the Disability Act. Local authorities will have no place to hide. We accept there will be significant funding implications and the Government is committed to provide funding on an ongoing basis to assist in the implementation of the projects. More often than not it is a matter for each local authority to develop a culture where everything is disability proofed. If this commitment and culture is developed in the ongoing day to day work of the authority, money will not necessarily be an inhibiting factor. We are still coming round to the stage of ensuring that local authorities throughout the country are dedicated to providing disability friendly services across the spectrum, not least in the built environment.

Deputy Lynch mentioned new buildings and the building and planning code. This was discussed at great length during debate on the Bill and there was some disagreement between us and the Deputy and representative organisations. The overall objective of the building and planning code is to ensure that an effective, legislative and regulatory framework is in place. The Department of the Environment, Heritage and Local Government aims to review Part N of the planning code and to include a review of definition of people with disabilities and to prepare proposals to amend the building regulations and associated technical guidelines documents. Whatever shortcomings there are, they will be adequately addressed in that review.

Deputy Stanton mentioned the Department of Social and Family Affairs and the role of the Combat Poverty Agency. I will come back to the Deputy with regard to the legislative changes that will take place.

Deputy Lynch mentioned the assessment of needs, asked how many new people were being assessed and what the approach of the HSE was. Increasing numbers of appointments are being made and these are not affected by the public service appointments ceiling. The human resources section of the Department and the HSE are working apace at establishing these. Within the next 12 months the Department and the HSE will appoint assessment, liaison and complaints officers around the country, based on the estimated need as indicated by population profiles. The HSE will also make arrangements for the assessment of need, the provision of service statements and for complaints and redress mechanisms as outlined in the sectoral plan.

In 2005 some €70 million provided for and put in place more than 1,000 new front line staff, including some of the multidisciplinary personnel who will be involved in the assessment and service delivery process. Further funding of approximately €100 million is being provided in 2006 and measures are being taken to address shortages. Extra money has been provided, but we are also concerned about changing the old system. I am confident that as a result of what I hear from the HSE, the system will be much more efficient and cost effective than in the past when several service organisations in the same area worked independently of each other. One of the objectives of the Department and the HSE is to have a more efficient mechanism whereby assessments will be carried out on a multidisciplinary basis across a number of organisations. This will take time and reorganisation, but we will finish with a much better assessment mechanism without having to wait for extra money, which is coming.

Deputy McGrath raised the issue of St. Michael's House. Some of the difficulties with St. Michael's House and the short-term difficulties across the spectrum are often caused by the value for money initiatives which are being put in place by the Department. I agree that problems exist with a shortage of places throughout the country and the Department is aware of this. This is part of the changing structural arrangements taking place.

We must be aware that there are often difficulties for the Health Service Executive and the Department of Health and Children in closing institutions and putting people out into the community. We are all aware of certain trade union difficulties which have delayed such initiatives for quite long periods. While the changes are taking place now, the question of funding is always an issue but it is not the only issue. Significant structural changes are taking place in the care programme involving some radical change which often involves detailed negotiations with trade unions. It is not quite as simple a case as a shortage of money because there are also other issues to consider.

On the question of the targets for transport, Deputy Lynch asked what timeframes are being put in place. She asked about initiatives such as the reduced rate for driving licences and other questions relating to transport. Much of the work on transport initiatives across the spectrum is ongoing. The sectoral plan contains a set of targets which will be part of a more detailed response to the Deputy. There are targets to achieve accessibility at bus stops and on the inter-city coach services, in bus stations and on the urban bus services.

I agree with the Deputy about the impossibility of complying with the guidelines in respect of the disabled driver and vehicle registration tax, VRT. I will ask the Department to examine this issue again because it is a constant cause of concern. On the other hand, I can appreciate the difficulties from the Department's point of view because every case is different. It is difficult to accommodate everybody. The general point made by the Deputy is accepted and will be considered.

The issue of employment was raised by Deputies Lynch and McGrath. The efforts of FÁS feeding into the sectoral plan of the Department of Enterprise, Trade and Employment will produce better outcomes than before. This will be an important aspect of the sectoral plan for that Department.

The Deputy referred to the Barcelona Declaration which has been adopted by more than 100 Irish local authorities, the highest percentage in Europe. Good practice has been recognised and disseminated. The Barcelona committees at local authority level comprise councillors, officials and local people with disabilities. Work already under way on the Barcelona progress will be built upon in the local authority implementation plan under the Department's sectoral plan.

The point made by Deputy McGrath in respect of the housing strategy and which is to improve the lot of people with disabilities is a key part of the sectoral plan of the Department of the Environment, Heritage and Local Government. It will be rolled out over the next three years with a considerable amount of funding being required to do so.

Deputy Stanton

I understand that legislation will be introduced as a means of assessing housing need. When will this legislation be brought forward? The housing for disabled persons grant scheme is to be reformed. What kind of progress is being made on this reform?

Deputy Fahey

I do not have that information with me but we will respond to the Deputy on both points. In respect of the overall monitoring to which both Deputies referred, this has been the subject of discussion under the agreement, Towards 2016. It has been agreed that a new overall monitoring agency will be established to replace the old disability legislation consultation group. This will be a new role for the stakeholders with continual dialogue and consultation by senior officials with the representative organisations in the disability sector. The outcome of those negotiations will be reported to the Cabinet committee. It is hoped to hold the first meeting of this new group before the end of the year.

Deputy Stanton

Has the group been established yet?

Deputy Fahey

The group has not been established but the NDA is working on this. It is hoped to have proposals shortly.

Deputy Stanton

I ask the Minister of State to ensure that the service users and not just the service providers are represented in strength. It is quite important that the various groups which might have had a disagreement with Government would also be invited. It is important to listen to people who may not always agree with us or with the Government.

Deputy Fahey

We never hold a grudge about disagreements.

Deputy Stanton

We know that.

Deputy Fahey

Everybody will be represented.

Deputy Lynch

The Minister of State is a remarkable man.

Chairman

I thank the members who contributed. Is it agreed there should be further debate on the matter by Dáil Éireann and Seanad Éireann? Agreed. Is the draft report agreed subject to insertion of the details regarding attendance and the contributors to the discussion? Agreed. I thank the Minister of State and his officials for their attendance.