A defining period for people with disabilities in struggle for equality

The National Disability Strategy is the result of a hard-fought struggle, writes Angela Kerins

The National Disability Strategy is the result of a hard-fought struggle, writes Angela Kerins

The publication yesterday of the National Disability Strategy marks a very significant milestone for the disability sector in Ireland and is the result of one of the most hard-fought legislation struggles in the history of the State. It is the result of an unprecedented consultation process between civil society stakeholders and Government.

While we will have to study the overall strategy in detail, take advice and give a more considered view, we are entering a defining period in the struggle for the equal participation of people with disabilities in this country. However, the disability sector must be measured in its response to the strategy.

The Disability Bill 2004 represents just one link in the National Disability Strategy, albeit an important one. It cannot be viewed in isolation but must be considered in relation to the multi-annual financial package, sectoral plans of the Government Departments and the provision of independent advocacy services.

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One of the major elements of the Bill is the introduction of the right to individual independent assessment of need and the right to redress and appeal, which did not appear in the previous Bill drafted by Government in 2001, and which resulted in wide criticism from the disability sector.

These rights are critically important and it is quite possible that these independent assessments may throw up some surprises to the established perceptions of need, as well as exposing deficiencies and strengths in the existing systems. This will all contribute to improving the current situation.

It remains to be seen how effective this appeals mechanism will be. It is not in anyone's interest to resort to court action, but people must have enough confidence in the appeals mechanism to make recourse to the courts the very last resort.

A further provision brought in through the Comhairle Amendment Bill and recommended by the Disability Legislation Consultation Group, is the introduction of a personal advocacy service for people with disabilities and plans for a specially appointed director of this service.

This type of support is essential for those who may have difficulty in advocating for themselves.

As part of the overall National Disability Strategy, six Government Departments have also published their outline sectoral plans, which set out programmes for future development in the area of disability and are due to be finalised next year. I hope that over the next 12 months the expertise of the disability sector, particularly of people with disabilities, will play a pivotal role in their completion and that agreed targets will be set for implementation.

The Government's commitment to a multi-annual funding package is very welcome.

However, this must be adequate in terms of the overall allocations and flexible enough to be able to take into account the results of the overall assessments of need and the implementation needs of the finalised sectoral plans.

It is also important that this funding be transparent with most, if not all of it, ending up at the coalface of need so that those who require supports experience the maximum benefit.

The Taoiseach has stated that this funding will be announced in the Estimates later this year. This will give a clear indication of how serious the Government is about delivering this programme. Ministers in the six Departments - Health, Social Welfare, Environment, Transport, Education and Enterprise and Employment - must budget for the provisions of the Bill.

I said at the beginning that the road towards this Disability Strategy had been long and hard, but we have made significant progress and by working together we can achieve real change.

We now know through activities such as the Disability Legislation Consultation Group, Special Olympics and the European Year of People with Disabilities 2003 that when we pull together, debate the issues and find common ground, we are a powerful force for change.

We are still at the early stages of the National Disability Strategy and while the signs are positive, I hope that we can continue with a process of engagement and consultation between Government, the disability sector and stakeholders in the coming days and months.

We will put forward proposals to further enhance the legislation and will work tirelessly with the Government Departments so that the sectoral plans are as comprehensive as they possibly can be to ensure the best possible outcome for people with disabilities and their families.

Angela Kerins is chairwoman of the National Disability Authority; the authority works on behalf of the State to promote and help secure the rights of people with disabilities, and to ensure that services to people with disabilities are of the highest standards and quality