Government publishes 'landmark' Disability Bill

The Government published its long-awaited Disability Bill this afternoon and described it as a "landmark document" that would make Ireland a world leader in providing rights to people with disabilities.

The Bill, which is an inherent part of the National Disability Strategy, contains a series of pledges to ensure people with disabilities are treated "fairly, efficiently and effectively", the Tánaiste, Ms Harney said.

The first of these will be an assessment of the applicant's needs. This will be carried out independently of the service provider, normally a government department or health board.

It will establish the nature and extent of a person's disability and the needs arising from it. The assessment will be examined by the provider, which will then provide a Service Statement.

If applicants are unhappy with this statement or their initial assessment, they may go to a complaints officer. If their case is investigated, a recommendation will ensue which must be approved by the chief executive officer of their health board.

Should they wish, they may then apply to an independent appeals officer if they do not accept the recommendation of either the complaints officer or the health board CEO.

Although they will not be entitled to full legal representation, they will have access to a specially trained advocate. The legislation for these advocates, who will be employed by the Department of Social Welfare, is contained in the Comhairle Bill, which was also published today.

The decision of the appeals officer will be legally binding. It can only be appealed to the High Court on a point of law. If the applicant feels the decision has not been carried out by the provider, they can apply to the Circuit Court for an enforcement notice.

The Bill also gives legal status to the commitment by all public bodies to reach a 3 per cent target for the employment of people with disabilities. The only bodies exempt are the Army, the Garda and Prison Officers.

Mr Ahern said the 3 per cent figure would be reviewed in the near future. Currently only 26 per cent of disabled adults are in full employment, compared to 70 per cent of the general population.

The legislation also places obligations on public bodies to make their buildings accessible to people with disabilities.

All the government departments involved have produced draft sectoral plans, which were released today. These plans are to be presented to the Oireachtas for approval following a period of consultation.

Multi-annual funding for the provisions of the Bill will be ring-fenced. At present, funding for all government services is provided on an annual basis. Money for disability services will now be allocated on a five-year basis. This would allow "increased investment in a systematic way over a number of years," the Taoiseach said.

The Government spends €2.5 billion annually, or 7 per cent of total State spending, on providing services for people with disabilities. A further €1.3 billion is also provided in social welfare payments. The Taoiseach said further funding would be announced in the Book of Estimates later this year.

He said there would be an "explicit requirement" that ministers in the six departments involved in providing services - health, social welfare, environment, transport, and education, enterprise and employment - must budget effectively for the provisions of the Bill.

Mr Ahern conceded that the Bill was "very ambitious", and would not "be put in place overnight". However, he said he was giving a "firm commitment" to people with disabilities and their families that they would receive the best possible care.

He particularly welcomed the complaints procedure, which would remove the "ridiculous" situation of people having to fight for their rights through the courts at huge expense to all sides. The idea was to adopt a "rights-based approach, rather than adopt a lawyer-driven system", he said.

"In my view, there is no country, anywhere, that has got anywhere near this," Mr Ahern said. He accepted that the Bill had taken many years to draft, but explained the delay was due to the extensive discussions that have taken place between government departments, disability and rights campaigners and civil servants. "We have tried our best to satisfy to the greatest extent possible the vast majority of requirements," he added.

Ms Harney said the Bill was part of the process of "making up for lost time and lost opportunities for people with disabilities." She said the Government had "begun to recognise and correct mistakes in attitudes and policies." Ireland's strong economic position meant adequate public resources were now available.

Groups campaigning for people with disabilities and their carers have been pushing the Government to introduce a rights-based Bill. A previous Bill drafted by the Government was rejected by disability campaigners in December 2001 because it did not contain a guarantee of legally enforceable rights to facilities.