Michael Moynihan
Question:117. Deputy Michael Moynihan asked the Minister for Finance if he has plans to reconfigure the disabled drivers and passengers' scheme; and if he will make a statement on the matter. [31773/21]
View answerTuesday, 15 June 2021
Questions (117, 389)
Catherine Connolly
Question:389. Deputy Catherine Connolly asked the Minister for Finance further to Parliamentary Question No. 217 of 13 May 2021, the status of the promised review of the disabled drivers scheme; the person or body carrying out the review; the terms of reference of the review; when the review will be completed; and if he will make a statement on the matter. [31866/21]
View answerWritten answers
I propose to take Questions Nos. 117 and 389 together.
A Supreme Court decision of 18th June 2020 found in favour of two appellants against the Disabled Drivers Medical Board of Appeal's refusal to grant them a Primary Medical Certificate (PMC). The judgement found that the medical criteria set out in the Regulations did not align with the regulation making mandate given in the primary legislation to further define criteria for ‘severely and permanently disabled’ persons.
On foot of the legal advice received, it became clear that it was appropriate to revisit the six medical criteria set out in Regulation 3 of Statutory Instrument 353 of 1994 for these assessments. In such circumstances, PMC assessments were discontinued until a revised basis for such assessments could be established. The medical officers who are responsible for conducting PMC assessments need to have assurance that the decisions they make are based on clear criteria set out in legislation. While Regulation 3 of Statutory Instrument No. 353 of 1994 was not deemed to be invalid, nevertheless it was found to be inconsistent with the mandate provided in Section 92 of the Finance Act 1989.
In order to allow for the PMC assessments and appeals to recommence I brought forward an amendment to the Finance Bill to provide for the existing medical criteria in primary legislation which, following the approval of the Finance Act 2020, allowed assessments to recommence.
Following approval of the Finance Act 2020, a comprehensive review of the scheme, to include a broader review of mobility supports for persons with disabilities and the criteria for qualification for the Scheme, will be conducted this year. On foot of that review new proposals will be brought forward for consideration.