O'Dea suggests Disability Bill will lead to more funds

Forthcoming disabilities legislation will create momentum for increased public expenditure in the area, the Minister responsible…

Forthcoming disabilities legislation will create momentum for increased public expenditure in the area, the Minister responsible for introducing the legislation has said.

Mr Willie O'Dea, Minister of State for Justice Equality and Law Reform, said this would be an inevitable outcome of the proposals for the Disability Bill which he is bringing to Cabinet.

Disability campaigners, who have been consulted on the proposed law, want it to include rights for disabled people which could be vindicated through the courts. However, Mr O'Dea has indicated that his Cabinet proposals would fall short of this.

He said the legislation was complicated as it would put responsibilities on other Government Departments, and he questioned whether it should be necessary for people to go to the courts.

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"If you let this go to court, the costs will escalate, and a lot of money that could be spent on people with disabilities will be spent on lawyers," he said.

There were "a range of ways other countries do it short of' saying that a judge can second-guess the decision of a health expert".

"I have put options to Cabinet and I'm not ruling out some involvement of the courts if my options are accepted."

Mr O'Dea said he was trying to find a way through the law to assess the need of people with disabilities and "give them a right to get it which doesn't involve the dragged out trauma of a court case with all the legal costs."

He also said he had no doubt that the Bill would create "momentum for increased public expenditure in the area".

The legislation due to be published later this year will replace an earlier Bill withdrawn at the end of the last Dáil, following opposition from disability rights campaigners.

The authorities subsequently invited disability groups to set up a consultation group on the legislation, which reported to Mr O'Dea's Department last February.

The report by this Disability Legislation Consultation Group recommends that the new law should provide rights to accessible services, with needs assessment, an enforceable advocacy system and the placing of duties and requirements aimed at removing barriers to people with disabilities on public and private service-providers.

It says people should have access to redress through the courts to enforce their rights granted in the legislation.

It also wants the law to contain "no provision, direct or indirect, that precludes the rights of people to take legal action".