Backdown on disability Bill

The Government has been forced to make major changes to the Disabilities Bill, including dropping a section that would have prevented…

The Government has been forced to make major changes to the Disabilities Bill, including dropping a section that would have prevented the disabled taking civil actions in the courts.

The concession from the Minister of State for Justice, Ms Mary Wallace, came just hours before a Dublin mass meeting of disabled groups and less than 48 hours before it began its passage in the Oireachtas.

The changes see an end to Section 47 of the Bill, which would have prevented civil actions by disabled people, such as that taken by Ms Kathryn Sinnot on behalf of her 23-year-old autistic son.

In addition, the Minister of State promised amendments that would see the needs of the disabled assessed by an independent body, and not by either the Department of Health or the health boards.

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In addition, she promised better enforcement rules, saying: "I have agreed to enter into further consultations on how this Bill can be enforced to the satisfaction of interests group."

The legislation aims to improve from 2003 access to public services and buildings, publicly-regulated transport and health and social needs assessment, though some changes are not due to come into force for a decade.

However, the Government is still unwilling to concede the disabled groups' key demand that the Bill should offer them legally enforceable constitutional rights to a range of services.

Yesterday's concessions came following calls from the National Disability Authority, the Equality Authority and a host of disabled groups, some of which are threatening to run up to six candidates in the general election.

Already Ms Sinnot, representing the Hope Project in Cork and the Cork Disability Group, has said that she will consider standing in Cork South Central, where Fianna Fáil is attempting to hold on to three of five Dáil seats.

Privately, the Government and others argue that it would be constitutionally impossible to give superior rights to the disabled over every other section of Irish society, but this is strongly questioned by others.

The leader of the Labour Party, Mr Ruairí Quinn, said a constitutional guarantee would form a key element of the party's price for involvement in coalition.

"Firstly, we want to see a constitutional amendment to give rights to people with disabilities to counterbalance existing rights," he declared. We are committed to a rights-based disabilities Bill. They will form part of any programme for government the Labour Party is prepared to endorse."

Editorial comment: page 15

Mark Hennessy

Mark Hennessy

Mark Hennessy is Ireland and Britain Editor with The Irish Times