Dáil Éireann Debate, Wednesday - 5 May 2004
37 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the reason for the delay in the publication of the Disability Bill; if this is in breach of the programme for Government and Sustaining Progress; and if he will make a statement on the matter. [9569/04]
View answer40 Ms B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform when he expects that the promised Disability Bill will be published; the discussions he has had with disability groups regarding the terms of the Bill; and if he will make a statement on the matter. [12691/04]
View answer172 Mr. Stanton asked the Minister for Justice, Equality and Law Reform the role the European Commission has in the drafting or otherwise of the forthcoming Disability Bill; if a European agency or body has been consulted or is in the process of being consulted or will be consulted in relation to the Disability Bill; when he expects to publish the Bill; the groups that are taking part in consultations regarding the Bill; and if he will make a statement on the matter. [12949/04]
View answerI propose to take Questions Nos. 37, 40 and 172 together.
The Agreed Programme for Government established the Government's commitment to complete consultations on the disability legislation and to bring an amended Bill through the Oireachtas. Sustaining Progress outlined the Government's aim to publish and enact the Bill before the end of 2003 following the enactment of the Education for Persons with Disabilities Bill 2003.
The Education for Persons with Disabilities Bill 2003 is awaiting Committee Stage in the Dáil and work is on schedule to publish the proposed Disability Bill either following, or in advance of, enactment of that legislation. Deputies will be aware that the Education for Persons with Disabilities Bill did not complete its passage through the Oireachtas in the time frame envisaged when Sustaining Progress was being published.
Where national legislation transposes an EU directive, there is a requirement on the State to communicate information to the Commission within specified time frames. Such is the case in relation to the Equality Bill 2004 which transposes Council Directives 2000/43/EC and 2000/78/EC, adopted under Article 13 of the EC Treaty, and Directive 2002/73/EC of the European Parliament and of the Council, adopted under Article 141 of the treaty. The Bill will amend the Employment Equality Act 1998 and the Equal Status Act 2000 to meet Ireland's obligations as a member of the European Union in implementing the directives and make further and better provision in relation to equality of treatment in the workplace and elsewhere. The Disability Bill does not involve the transposition of a directive so this procedure has not applied.
The Government has facilitated extensive consultation nationally in relation to disability legislation. The Government appointed an expert consultation team to oversee the national consultation process. This comprised experts in legal, economic and social affairs. The team met and received the views of the 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.
Many Deputies will know that 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. Broad ranging consultations took place in 2002 and early 2003 following which the DLCG presented the document, Equal Citizens — Proposals for Core Elements of Disability Legislation, in February 2003.
Last year, the DLCG had meetings with a number of members of the Government, including the Taoiseach, the Tánaiste, the Minister of State, Deputy O'Dea, and the Minister of State, Deputy 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.
Earlier this year, meetings took place between officials and the DLCG at which it was given an outline of the proposals for legislation. Its views about these proposals were discussed and noted for consideration by the Cabinet sub-committee on social inclusion. At present, contact is continuing between the group and the Minister of State, Deputy O'Dea.
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 awaiting 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, to be updated by the Equality Bill 2004, which is currently awaiting Second Stage in the Dáil.
The Government is conscious of the complexity and cross-cutting nature of the issues involved and, to support ministerial engagement throughout the process, referred oversight of the Bill and other elements of the framework to the Cabinet sub-committee on social inclusion. The Government and the Cabinet sub-committee on social inclusion are giving particular attention to the Bill and to the views emerging through the consultation process. The Bill is at an advanced stage of preparation and will be published as soon as the Government has completed its work.
