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Dáil Éireann díospóireacht -
Thursday, 24 Jun 1999

Vol. 507 No. 1

Other Questions. - Disabled Drivers Scheme.

Ivor Callely

Ceist:

13 Mr. Callely asked the Minister for Finance if his attention has been drawn to the difficulties experienced by applicants under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations, 1994, in obtaining the primary medical certificate; if his attention has further been drawn to the concerns of some senior area medical officers over these difficulties and the number of applicants recommended by the medical officers to appeal to the Medical Board of Appeal; if the review by the interdepartmental group will consider recommendations of the senior area medical officers; and if he will make a statement on the matter. [16091/99]

The Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations, 1994 require that a disabled person must meet the specified medical criteria and be in possession of a primary medical certificate issued by the appropriate senior area medical officer. Refusal of a primary medical certificate may be appealed to the Disabled Drivers Medical Board of Appeal. The board is independent and its decision is final. I have no role in determining whether a person satisfies the medical criteria laid down in the above mentioned regulations, nor have I powers which would allow me to overturn a decision of the Medical Board of Appeal.

There is increasing demand from applicants to gain admittance to this scheme. However, as with all schemes governed by qualifying conditions, there will always be applicants who do not meet the required conditions. Therefore, it may be that the difficulties referred to by persons in obtaining the primary medical certificate do not indicate administrative inefficiencies but rather the fact that the applicants concerned may not meet the specified medical criteria.

We have considered how to resolve these sort of issues before. A comprehensive review of the workings of the provisions of the scheme was carried out in 1993-4, involving wide-ranging consultations with the Departments of Health, the Environment and Justice, the Disabled Drivers Medical Board of Appeal, the Revenue Commissioners, relevant organisations catering for the disabled and Opposition spokespersons on Finance.

In the course of the review detailed consideration was given to the qualifying medical criteria for entry to the scheme, bearing in mind the various representations which had been received seeking the extension of the benefits of the scheme to many additional categories of disabled individuals. It was decided that the scheme should continue to focus on persons with the most severe and permanent mobility restrictions. Six different types of disablement are listed under the regulations, drawn up following that review, and a qualifying person must satisfy on one or more of them. It is the nature and the extent of the disability which determines a person's eligibility under the scheme rather than the circumstances which have given rise to that disability. The cur rent regulations, namely, the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations came into effect on 1 December 1994.

Additional Information

A current review of the scheme is being undertaken by an interdepartmental group under the chairmanship of the Department of Justice, Equality and Law Reform with a view to determining what modifications, if any, might be proposed to the scheme. The existing medical criteria for qualification may be among the items examined by the group. However, I do not want to raise expectations that any person who suffers from some form of disability will be able to benefit from the scheme following the completion of this examination.

In addition, the Revenue Commissioners have carried out a wide-ranging technical review of the operation of the scheme and their report is also awaited. However, this review is much narrower in scope in that it addresses problems with the current scheme and makes recommendations on how to make it operate in a more effective and cost-efficient manner for its present target group.

While I am very sympathetic to people with disabilities, the difficulty with this scheme relates to the need to focus its substantial benefits on those most affected by lack of mobility due to physical disability. The cost of the current scheme has been steadily increasing and opening it up to wider ranges of disabilities would significantly add to this cost. The total cost to the Exchequer for 1998 was £14.4 million and it is estimated that the cost will rise to £16.5 million in 1999. This does not include the costs of the exemption from the payment of road tax.

As was indicated in the other House last night, a variety of requests have been made for the medical criteria to be relaxed so as to extend the range of qualifying disabilities to include many other categories suffering from other ailments. In addition, there are requests to allow persons not fully meeting the current criteria relating to the loss of limbs to be admitted. The number of potential beneficiaries is unclear but according to groups representing the disabled, there are up to 350,000 persons in Ireland who could be regarded as disabled to some degree. Clearly a scheme which attempted to meet all these needs would involve a radical overhaul of the basis of the relief and result in a large increase in cost.

The potential cost and the possible very wide uptake of any extension of the scheme can be gauged by the interest of Deputies and the 30 or so questions tabled on this issue so far this year. I accept the obvious concern and the sincere motivation of the House in seeking to extend this scheme. Needless to say, we want to be sensitive on this issue, but there are genuine problems in accommodating extensions of relief as I hope I have demonstrated.

I thank the Minister for his reply. If a recommendation is made to alter the specific medical criteria, will he be in a position to accept it?

The regulations were drawn up after the consultation process outlined in my reply. In reply to previous questions, and during the debate on last year's and this year's Finance Bills, I highlighted the cost of this scheme. Discussions on this costly scheme have been taking place among members of the Fianna Fáil parliamentary party for some time. It is a costly scheme because it is very attractive. Other countries address this problem in a different way.

I pointed out to the Deputy on a previous occasion that to make changes to the existing scheme to make it less attractive would bring down a hornet's nest on the head of the Minister for Finance. I recall a former Minister for Health and a former Minister for Finance proposed changes to this scheme in the past and all hell broke loose. I am reluctant to revisit it, except to say that an ongoing interdepartmental review is taking place and the matter will be considered when that review group's report comes before me.

I thank the Minister for his reply. He understands and appreciates the difficulties being experienced. I welcome the interdepartmental review. In light of the fact that senior area medical officers have no alternative but to recommend applicants whom they deem appropriate to avail of the scheme, will he consider seeking the views of the senior area medical officers, or might I get their views and convey them to the Minister for consideration by the interdepartmental review committee?

I do not have an objection to the Deputy sending the views of anybody to a relevant interdepartmental review group. I do not want to give the impression that I am heartless in this regard, but I must point out it is estimated that there are 350,000 persons in Ireland who have some form of disability. Relaxation of the medical criteria that apply to this scheme would impose a heavy charge on the Exchequer for the reasons I outlined. It is an attractive scheme and, perhaps, there is another way of addressing this problem. When we introduced this scheme perhaps we should not have set it up as we did, but we did that and I have no intention of abolishing it. Changing the scheme with a view to making it less attractive might bring more people into the scheme but it would then be less attractive to those who are already in it, and that is a problem.

I thank the Minister for his response. I appreciate his concerns about abuses of the scheme. I am concerned, as I know the Minister is, that there are people who cannot avail of the scheme who should be able to do so. Given the strict criteria laid down in the first primary certificate, senior medical officers find they cannot comply in terms of ticking the required boxes, so to speak. For that reason and because of my interest in this matter and my involvement in the Eastern Health Board, I will contact some senior area medical officers to get their views on the scheme and forward them to the interdepartmental review committee.

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