Dáil Éireann díospóireacht -
Tuesday, 12 Apr 2005

Vol. 600 No. 1

Adjournment Debate.

Disabled Drivers

Mr. Crawford

I thank the Ceann Comhairle for the opportunity to raise this important issue. I hope the Minister of State has some good news for us at the end of it.

One must ask significant questions about the Government's commitment to the disabled. Why is there so much difficulty for the disabled drivers in getting tax concessions? The Taoiseach and many Ministers attended the launch of the Disability Bill 2004. The Taoiseach stated clearly that millions if not billions of euro were available to deal with the problems of the disabled, yet on the issue of tax concessions for disabled drivers we are given poor answers to our questions. The delivery of tax concessions is a matter for the Minister for Finance. If the rules are not correct, the Minister and this House have the right to change them.

In case the Minister of State or others believe this is an isolated issue, I wish to bring to the attention of the House a number of different cases. One man living near the N2, which the Minister of State travels from time to time, made an application for a medical certificate, but was turned down. This man's right arm is completely useless. It hangs by his side and cannot be used. His wife was seriously ill at the time and I advised him to apply in her name. Thankfully, it worked. He has since lost his wife and made another application but was told that there was no point as he was previously turned down. We are appealing this case and hope that someone will have common sense on the issue.

Another young man who is the carer of his invalid sister and aged mother applied but because they do not meet the so-called criteria of missing limbs or whatever, the authorities have seen fit to turn him down. For this young man, who lives on a carer's allowance and the benefits of the two social welfare payments for his mother and sister, there is not much spare cash and this certificate would be of much benefit to him.

Another man from my county has been refused the certificate under the 1994 disabled drivers and disabled passengers tax concession scheme. While he retains his right leg he experiences severe problems with it. That he cannot use it is unimportant as far as this scheme is concerned. Another man with a wife and young family suffered a severe stroke and has neither the use of his left leg nor arm. It is unlikely he will regain their use. He has been turned down because he does not meet the criteria. In an attempt to get an answer I submitted a parliamentary question to the Minister for Finance on the matter.

In another case, a young man has very short legs and a full-grown body. However, anyone who sees him can tell there is no way he can drive a normal car. The car must be changed for him. He did not wish to write the word dwarfism on his initial application as he felt it was not right, but I encouraged him to do so. He holds down a first-class job but there is no bus service to the town in which he works. He must have his own car, yet he has been refused.

It does me no good to read out this litany, but that is the situation on the ground. The only answer I received from the Minister, Deputy Cowen——

An Leas-Cheann Comhairle

The Deputy must conclude.

Mr. Crawford

——was that he does not have control over this. There are special rules that a person must be wholly or almost wholly without the use of both legs. The people in some of the cases I have mentioned do not have the use of their limbs. Persons who are wholly without the use of one of their legs and almost wholly without——

An Leas-Cheann Comhairle

The Deputy should please conclude.

Mr. Crawford

The Minister for Finance's final comment was that he has no function in deciding whether individual certificates are issued either by the area medical officer or the medical board. I accept that, but surely the Minister of State should clarify the situation. Where billions of euro are available to people in these circumstances——

An Leas-Cheann Comhairle

The Deputy has gone over his time.

Mr. Crawford

——surely it is time to change the regulation.

Minister of State at the Department of Communications, Marine and Natural Resources (Mr. Gallagher)

I apologise for the Minister for Finance who is unavoidably absent. I am pleased to take this opportunity to clarify matters concerning the disabled drivers and disabled passengers tax concession scheme.

Deputy Crawford has raised two issues that will be addressed, the eligibility criteria for the scheme and the operation of the board of appeals. The disabled drivers and disabled passengers scheme of 1994 provides for certain tax concessions for the purchase and running of a vehicle for persons who meet particular medical criteria relating to physical disability. The tax concessions include remission or replacement of VRT, repayment of VAT on the purchase of the vehicle to be used and a repayment of VAT on the cost of the vehicle's adaptation. Repayment of the excise duty on fuel used in the vehicle and exemption from annual road tax to local authorities are also allowed.

The medical criteria set out in legislation are as follows. The applicant must be wholly or almost wholly without the use of both legs, wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted in movement of the lower limbs, without both hands or without arms, without one or both legs, wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg, or has the medical condition of dwarfism and has serious difficulties of movement of the lower limbs.

It is a fundamental requirement for admission to the scheme that the applicant meets the specified medical criteria and is in possession of a primary medical certificate to that effect, issued by the appropriate senior area medical officer, an official of the local Health Service Executive. I repeat Deputy Crawford's comments that the Minister for Finance has no function in deciding whether individual certificates are issued. Where the issue of the required certificate is refused, this can be appealed to the disabled drivers medical board of appeal, an independent body whose decision is final.

Mr. Crawford

That is taking the long way.

Mr. Gallagher

I will deal with that. I do not disagree. As the Deputy may be aware, an interdepartmental group reviewed this scheme. It examined all its aspects, including the qualifying medical criteria, the benefits and the appeal process. The report made a number of recommendations that were considered by the Government in June 2004. The report was published on the Department of Finance website in July 2004. The Government decided to implement the recommendations in respect of the board of appeal, which will be addressed separately. On the other recommendations, the Government decided that they would be considered by the Minister for Finance in the annual budgetary process having regard to the existing and prospective cost of the scheme.

The medical board of appeal is regulated by the Disabled Drivers and Disabled Passengers (Tax Concessions) (Amendment) Regulations 2004 and 2005. The 2004 regulations were signed by the Minister for Finance on 23 July 2004 and incorporated the following changes to the previous legislation: first, expansion of the panel of medical practitioners serving on the medical board of appeal from three to five and, second, amendment of the appeals process by introducing a six month waiting period between an appeal and a subsequent application and introducing the requirement for a second application to be certified by a registered medical practitioner to the effect that there has been material disimprovement in the medical condition since the previous application.

These changes were introduced on foot of recommendations of the interdepartmental review group report. They were recommended to improve the operation of the appeals process and enable the backlog of appeals to be tackled. In addition, last week the Minister for Finance brought in further regulations that will allow him to appoint an additional five medical practitioners to the board of appeal, which will now allow for ten medical practitioners to be on the board compared with the situation prior to July of last year when there were only three doctors on the board of appeal.

It is true that the appeals process has not operated effectively but this problem has been comprehensively addressed and the solution is being implemented. The Departments of Finance and Health and Children have been engaged in the process of reconstituting the board following a number of staff changes late last year and a number of administrative issues. Significant progress has been made and it is expected the board will resume its meetings in the National Rehabilitation Hospital shortly. On 14 March, the Minister appointed a new chairperson — senior level doctor — to the board. It is understood a new secretary is being recruited and will be in place shortly.

As a public representative, I appreciate there have been long and inordinate delays. We have all experienced this and it is not acceptable. The Minister has now dealt with this and I hope with the new board, chairman and secretary, this can be expedited.

In respect of the waiting list for an appeal, there are in excess of 600 appellants. The new chairperson of the board has been asked to address the backlog as a priority and the increase in the number of doctors who can participate in appeal hearings will allow for appeals to be heard much more frequently. The necessary new appointments to the board will be made over the coming weeks to facilitate the process of dealing with the waiting list.

These new arrangements being put in place should lead to an improved and streamlined operation of the board of appeal in dealing with appeals for the scheme.