The Taoiseach today agreed in principle to the provision of rights-based disabilities legislation by next November.
The introduction of the legislation will allow people with disabilities sue the State if it does not make proper provision for their needs, the Disability Legislation Consultation Group (DCLG) claimed today.
Following a meeting with the Taoiseach, Mr Ahern, and the junior minister at the Department of Justice, Mr Willie O'Dea, the DCLG said they had secured a commitment for rights-based legislation in the forthcoming disability bill due for publication in November.
The Government also committed to the provision of an independent enforcement officer.
This enforcement officer will have powers to vindicate the rights of disabled persons. If the enforcement officer is unsuccessful in a specific case the new Disability Bill will provide for recourse to the courts, according to Ms Angela Kerins, DSLG chairperson.
She told ireland.comthat under commitments made today by the Taoiseach and Minister of State Mr O'Dea, the new law will also provide for a independent needs assessment system which will establish the services required for the individual.
State agencies, including health authorities, will be obliged to provide these services.
Ms Kerins said legal redress would be an option provided for in the event this and other mechanisms fail. If following an appeal, a person does not get the services the believe they need, only then will the recourse to the courts be allowed.
The DCLG says resolution of disputes between a person and a service provider - for example a health board - is best achieved at a local level but the threat of further recourse is required to "provide the impetus for early resolution".
"Today's meeting has done a lot to recreate the trust between the Taoiseach and the disability sector. However, the real litmus test will come in November, especially in relation to the core element of the inspectors," Ms Kerins told ireland.com.
"The DLCG welcomes the fact that the Taoiseach has stated that he is determined to deliver a Bill which fulfills peoples needs," she added.
The legislation due for publication in November replaces a Disability Bill withdrawn at the end of the last Dáil following opposition from disability rights campaigners.
According to Ms Kerins, when she questioned the Taoiseach on the delay in publishing the new bill, she was told the Government intended to publish the Education Disadvantage Bill first. This bill will be published by the Government tomorrow.
Following publication of the Disability Bill in November Mr Ahern has agreed to again meet with the DLCG to discuss further changes that might be required. Ms Kerins said it is hoped the new bill would become law as soon as possible.
Labour Spokesperson on disability issues, Ms Breeda Moynihan Cronin, said the Taoiseach must follow through on his commitment by ensuring the legislation is passed as soon as possible.
"If the Bill is to be enacted by the end of this year, then it will need to be published by the beginning of the next Dáil session," she said.