The Disability Bill was sharply attacked by Kathleen Lynch, Labour TD for Cork North Central.
"Unfortunately, the people who need this legislation to live a full life depend on us to highlight issues such as this. The restrictiveness is evident in the long title which outlines the Bill's intention. We cannot continue to put legislation of this nature in place."
Ms Lynch said the frustration and dismay of the disabled was now palpable when one talked to them. "They throw their hands up and ask what more they can do. However, I am sure they will find the energy again, they will come back and we will, at some stage in the future, have legislation that gives people with disabilities the right to services and not just the right to assessment."
Finian McGrath Independent, Dublin North Central, said there was a historic moment when the State had an opportunity to put its interest into action.
"I become very annoyed when I hear statements asserting that the Department of Finance cannot write blank cheques to provide services for people with disabilities. Services, in this context, refer to respite, residential and day care for people with intellectual disabilities and broader services for those with other disabilities."
Mr McGrath claimed that when they used the term rights for people with disabilities, they did so lightly.
"We are talking about the rights of our citizens, both adults and children. This country has constantly been in conflict over the rights of its people, both historically and internationally." Mr McGrath said there was a historic opportunity to do something really positive for people with disabilities.
"I pay deliberate attention to people with intellectual disabilities because they are priority cases. They are people with intellectual disabilities in their 40s and 50s, whose parents and extended families are dead, who are in a very negative, if not sad, situation."
Aengus Ó Snodaigh SF, Dublin South Central, said that in France disability legislation had been in place since 1973. "The French have not gone forward in terms of positive action measures or rights since then because they were not included in the original legislation. We have an opportunity, particularly given our wealth, to draw up legislation to ensure that we are ahead of the rest of the world and are setting the standard for others to follow. We should take the lead and set out rights explicitly."
Minister of State for Justice Frank Fahey said that all spending was subject to the estimates and budgetary processes of the Department of Finance and other departments.
"This legislation underpins a multi-annual expenditure programme, as outlined by the Minister for Finance, which is designed to bridge the gaps in funding and services for people with disabilities. It underpins a public expenditure programme over the next five years in order to address those identified gaps and I am satisfied that the Bill will achieve its aim in that regard."