The results of a survey commissioned by the National Disability Authority show that the Irish public is strongly supportive of improved State policies and services for people with disabilities: 85 per cent thought treating people with disabilities less favourably than others could never be justified; three out of five people agreed that society disables people by creating barriers; 40 per cent said the State does not provide enough benefits for people with disabilities.
Only 28 per cent said that the State does provide sufficient benefits, and another 31 per cent answered that they simply didn't know. Again, 40 per cent chose an increase in such benefits as their first priority for extra State spending, with a further 28 per cent saying it was their second priority.
When it comes to education, there was strong support for progressive policies: 72 per cent agreed that children with disabilities should be supported in mainstream schools with resources, aids, assistants and adaptations to the physical environment; 84 per cent said they would not object to children with disabilities attending the same class as their own children.
Interestingly, however, people with disabilities, or those who knew somebody with a disability, were less likely to agree that children with disabilities should attend the same school. This is hardly surprising, considering that people with disabilities, or those who know them, are much more aware of the reality of State support, or the lack of it.
In contrast, there was a relatively low level of awareness among non-disabled people of the nature of disabilities.
There were also variances in attitudes according to type of disability, with more negative attitudes expressed regarding the rights of people with mental health difficulties.
The lack of adequate support systems provided by the State could be a root cause for this variance in attitudes.
The Disabilities Bill is essential to give us the legislative basis for the provision of the economic and social supports so necessary for people with disabilities to live, work and participate as equal and valued citizens.
The NDA recommends that the Disabilities Bill create individualised service planning and delivery for the inclusion of people with disabilities in mainstream activities. In particular, the NDA recommends that the Bill provide for individualisation of State payments as a "ticket to independence' for people with disabilities.
Instead of attaching funding to service providers, as currently happens, individualisation of funding would attach funding to the person. This would allow people to make their own choices, for example, about the most suitable rehabilitation services and training for them.
The Disabilities Bill should also enshrine the right to an individual assessment of needs. This should be available for each life stage and should not be confined to the period of formal education ending at 18 years.
There are early signs that needs assessment will be addressed in the Bill, as referenced in the recently published National Health Strategy.
This must extend beyond the Department of Health and health boards to all agencies providing core services to people with disabilities, for example housing, sheltered employment, income support, etc.
Provision should be made for the rights of people with disabilities living in institutional care so that they can live their lives in the least restrictive environment possible. The Bill should also ensure the right of people with disabilities to participate in, and be consulted on, the planning of services that are provided or envisaged for them.
The Disabilities Bill also needs to provide for other substantive areas not covered under the anti-discrimination legislation. For example, it could set down a definite percentage for the provision of lifetime adaptable housing - a provision already allowed for, but not specified, in the Planning and Development Act.
The issue of education came under immense scrutiny earlier this year with the Sinnott ruling. The Education Act of 1998 was a milestone because it specifically covered children with disabilities. It is, however, time to move on. It is NDA's view that the Act should be amended or a chapter should be added to the Disabilities Bill dealing more specifically with education and disability.
Within this chapter, the Bill should set down the right to an equally effective education with a statutory presumption in favour of participation in the mainstream. It should also legislate for a process whereby an individualised education plan could be identified and agreed upon by parents, the school and the child. Most importantly, the resources for these plans, such as care assistants, physiotherapy, psychology, occupational therapy, speech therapy and assistance technology, should be dedicated and put in place well in advance of the school year.
Supplementary activities such as teacher training should also be anticipated in planning these services.
According to Prof Gerard Quinn from UCG, Ireland now ranks high on any list of nations considered progressive and innovative in the disability field, despite its late start and poor historical record.
The report of the Commission on the Status of People with Disabilities was a watershed because it set a rights-based approach to Irish disability policy. This approach was reflected in the way disability was mainstreamed in the State's main legislative instruments preventing discrimination - the Employment Equality Act of 1998 and the Equal Status Act of 1999.
However, the finest anti-discrimination law will never be enough on its own to ensure real freedom and independence.
We also need a web of flanking social supports to enable people to take advantage of the formal freedoms opened up through anti-discrimination law. The Disabilities Bill can provide the legislative basis for these essential social supports so that promises can become a reality for the majority of people living with disabilities in Ireland.
Claire O'Connor is director of the National Disability Authority