Rights commission says Disability Bill is a 'missed opportunity'

The Irish Human Rights Commission has described the Government's Disability Bill as a "missed opportunity" to provide legislation which would meet the basic rights of disabled people.

The commission's observations, forwarded to the Minister for Justice, Mr McDowell, this week, say there is no provision in the Bill to provide basic standards of services for people with disabilities contrary to international human rights law.

The commission also expressed disappointment that the Bill did not contain a mechanism which would guarantee the progressive realisation of rights of people with disabilities.

The general exclusion of court proceedings was a central aspect of the legislation, it said. If judicial remedies were excluded, it said proposed administrative remedies must be effective. However, the commission questioned whether this system would be effective or impartial.

Sen Maurice Manning, president of the Irish Human Rights Commission, said the human rights of persons with disabilities must be the paramount in the legislation.

"In spite of the evident effort, and in some instances genuine advances made by the Government in this legislation, the commission regrets that the opportunity to put in place proper human rights standards and structures has not been fully availed of in the present Bill."

Prof Gerard Quinn, a member of NUI Galway's law faculty and a member of the commission, said the Bill would narrow the grounds upon which a disabled person could go to court, especially in the provision of services.

The commission identified a number of areas that could be "improved" on. These include:

• The definition of disability in the Bill should be amended to reflect international standards. The inclusion of the terms "substantial" and "permanent" in the proposed definition give rise to concern that categories of disabilities may be excluded;

• The provision that assessment officers may delegate their functions to officers of health boards raises questions about the independence of the assessment process;

• Some explicit statutory expression needs to be given to the concept of a floor to the provision of services, as there is no requirement for a basic standard of service;

• The system of funding allows service providers a wide discretion to deviate from the provision of resources identified as being required.

The full text of the Irish Human Rights Commission is available on  www.ihrc.ie