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Dáil Éireann díospóireacht -
Wednesday, 19 Feb 1997

Vol. 475 No. 2

Priority Questions. - Children with Disabilities.

Helen Keogh

Ceist:

10 Ms Keogh asked the Minister for Equality and Law Reform if he has satisfied himself that all children with a disability have equality of access to facilities with able-bodied children; and if he will make a statement on the matter. [4498/97]

It is not clear to what specific facilities the Deputy is referring. The Report of the Commission on the Status of People with Disabilities entitled "A Strategy For Equality" contains recommendations in many areas which will promote equality for people with disabilities, including children with disabilities. I have established an interdepartmental task force to prepare a plan of action on the rights of people with disabilities based on the Commission's report and this plan is due to be completed around mid-year. I will also set up a monitoring committee to oversee the implementation of the Commission's recommendations. The monitoring committee will be representative of people with disabilities, their families, carers and service providers, as well as the social partners and Government Departments.

If the Deputy has specific questions about particular services, they should be referred to the relevant Minister for answer.

The Minister's reply is somewhat inadequate. He asks about specifics. I refer him to the report of the Commission on the Status of People with Disabilities which made many recommendations regarding education. On the one hand the Minister is trying to ensure there is no discrimination against people with disabilities and, on the other, the State appealed to the Supreme Court in a case relating to the education of a disabled child? What is the Minister's view on this? Why was it necessary to fight this case? Does the Minister not think that was contrary to natural justice? It is my understanding from previous replies that the Minister expected the task force to report earlier in the year. I am disappointed it will not do so until the middle of the year. When exactly will it report?

The Minister for Education replied to a question from Deputy Flaherty on the matter raised by Deputy Keogh on 9 October 1996. I refer Deputy Keogh to that reply and it is open to her to seek any further clarification by way of a question to the Minister for Education.

The interdepartmental task force has been appointed and its remit is to prepare an action plan which is due to be completed in the middle of this year. I understand the group is on target to complete the plan and when that is done it is my intention to submit it to the Government for consideration. I will also set up a monitoring committee, which will be broadly representative and which will have an ongoing role, to look at the implementation on a phased basis of the numerous important recommendations in the commission's report. The matter must be tackled on a prioritised basis and that is the reason for the interdepartmental task force which comprises representation from the relevant Departments. The task force will work in conjunction with the monitoring committee.

Does the Supreme Court judgment not supersede the recommendations made by the commission — notwithstanding the immense value of the commission's report? The recommendations in the report would go a long way to satisfying the needs identified as a result of the Supreme Court action. Does the Minister agree that the recommendations should be put into operation immediately on foot of the court decision?

The question of educational arrangements does not come within the ambit of my Department. The Minister for Education has already replied to a question on this issue. I suggest the Deputy seeks any further clarification she requires on this issue from the relevant Minister.

I do not agree. The Minister has the responsibility to champion the plight of disabled people. He set up the commission, accepted its report and now wishes to priorities its recommendations. It is within the Minister's responsibility to ensure disabled children have the same rights of access to facilities as any other child. That is a matter for the collective responsibility of the Government.

That is a broad comment which is not particularly helpful. There are many specific recommendations in the commission's report and they must be addressed on an item by item basis. There are over 400 recommendations affecting the Ministers for Education, Health, Social Welfare and Justice. The only practical approach was to set up an interdepartmental task force to examine the recommendations carefully, prepare an action plan and priorities items that may be dealt with quickly by the relevant Ministers. The task force has already had meetings, I hope the action plan will be produced by the middle of the year and we can set about the implementation of the recommendations.

My ministerial colleagues have responsibilities for different aspects of this matter. It would be counterproductive to ask me the detail of the administrative responsibilities of other Ministers because do not have that information. However, those Ministers are readily available to deal with queries. Another Deputy has taken advantage of that availability by putting a question on this point to the Minister for Education. Any particular issue that arises within the ambit of another Minister should be addressed to the relevant Minister.

I have an overall responsibility to see to the implementation on a phased basis of the recommendations in the commission's report. The task force has been set up for that purpose and we will progress in a measured and careful way on that basis.

I do not wish to detract from the Minister's commitment in this matter. Is it not supremely ironic, to say the least, that the Government put the commission in place on the one hand while on the other hand it challenged the right of a disabled child to be educated? That is an incredible contradiction and it should not go unchallenged. It is not the Minister's specific responsibility but as a collective decision by the Cabinet it was very bad. The Minister should ensure the Supreme Court decision is implemented.

That seems to be more of a comment than a question. As I understand it, the Minister for Education has satisfactorily dealt with the subject matter of the court case. She replied to a question on the matter in the House. The issue has been resolved satisfactorily. I see no contradiction in the Government having set up the commission and taking a practical, progressive and proactive approach to deal with the commission's many recommendations on all aspects of the lives of people with disabilities.

Deputy Keogh is seeking to highlight the case of one child in a particular circumstances involving an education issue which was resolved. If the Deputy is unhappy with that resolution, I invite her to take the matter up with the Minister for Education.

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