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Proposed Legislation.

Dáil Éireann Debate, Tuesday - 23 March 2004

Tuesday, 23 March 2004

Questions (487)

Seán Haughey

Question:

484 Mr. Haughey asked the Minister for Justice, Equality and Law Reform the position regarding the introduction of a disability Bill; if this Bill will be rights-based; and if he will make a statement on the matter. [8590/04]

View answer

Written answers

It is my intention, in accordance with the commitment given in An Agreed Programme for Government, to circulate a disability Bill as soon as possible in the coming weeks. Given the complex and cross cutting issues involved, the preparation of the Bill is being overseen by the Cabinet Committee on Social Inclusion.

The disability Bill is a key part of the framework being put in place by the Government to underpin the equal participation by people with disabilities in Irish society. The framework includes: the Education for Persons with Disabilities Bill, 2003 which is on Report Stage in the Dáil; the Comhairle (Amendment) Bill which is being prepared in the Department of Social and Family Affairs in relation to the provision of advocacy; sectoral plans for key public services; and equality legislation, currently being updated by the Equality Bill 2004, which is about to commence Second Stage in the Dáil.

Following concerns expressed by interest groups, the Government agreed to further consultations about the disability Bill 2001 and proposals for disability legislation. An expert consultation team was appointed by the Government in April 2002 to oversee the consultation process. The team met with and received the views of stakeholders including the disability legislation consultation group, DLCG, the social partners, the community and voluntary sector and relevant Departments before completing its task in February 2003.

As Deputies will be aware, the DLCG is a group representative of people with disabilities, their families, carers and service providers which was brought together by the National Disability Authority, NDA, to facilitate dialogue at national level, both within the sector and with the consultation team. The DLCG presented the document, Equal Citizens — Proposals for Core Elements of Disability Legislation, to the expert consultation team in February 2003.

Since then, the DLCG have had meetings with a number of members of the Government including the Taoiseach, the Tánaiste, and Ministers of State, Deputies O'Dea and Tim O'Malley. The discussions at these meetings covered such matters as assessment of need, standards, service provision, the need to build capacity in key sectors of the public service so as to allow provision of disability accessible services in a cost effective way and workable redress mechanisms. The DLCG was assured of the Government's commitment to bring forward the disability Bill as a matter of priority.

In recent weeks, there have been meetings between the DLCG and officials from my Department, the Department of an Taoiseach and the Department of Social and Family Affairs. At these meetings, the DLCG was given an outline of the proposals for legislation and their views about these proposals were discussed and noted for consideration by the Cabinet Committee on Social Inclusion. The Cabinet Committee on Social Inclusion and the Government are finalising their deliberations on the Bill which, as I mentioned already, it is intended to circulate in the coming weeks.

The disability Bill will give statutory effect to a range of important policies as they relate to people with disabilities, establish systems for assessment of need and service provision and specify infrastructure for policy delivery and redress. The Government is convinced of the importance of effective redress mechanisms if services committed in the Bill are not delivered. Statute-based complaints and appeals structures will be provided.

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