Government will seek to pass the Disability Bill before next election

The Disability Bill, published yesterday, is a priority piece of legislation for the Government according to the Minister of …

The Disability Bill, published yesterday, is a priority piece of legislation for the Government according to the Minister of State for Justice, Ms Mary Wallace. She said it would be passed before next year's general election, "barring accidents".

As the organisations representing the people with disabilities assess the long-awaited Bill, one of their concerns is that it pass all stages before the Dβil is dissolved.

"It is an opportunity to get something into law that has been called for for a long time," according to the chief executive of People with Disabilities in Ireland, Mr Michael Ringrose.

"We would like to see cross-party support to ensure the Bill becomes law, but we would also like to tweak with elements of the bill, particularly the timeframes, because it is important we get it right."

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Mr Ringrose regretted that a commitment for all future public procurement contracts to be "disability-proofed" was not included in the Bill and said he would be seeking such an amendment.

Ms Wallace, who has responsibility for equality and disability, stressed that the Bill was a priority for the Government, along with the Social Welfare and Finance Bills. The Bill will affect most ministerial portfolios, and the Disability Federation of Ireland acknowledged it as unique in working across so many Departments.

The Minister aims to have buses accessible by 2010, with 60 per cent accessibility by 2006. She wants all taxis to be accessible by 2010, and trains by 2015. Advocacy services will be in place by 2006 and needs assessment will be a statutory right by 2003.

It puts a moratorium on a requirement that people at risk of potentially life-threatening diseases have genetic testing before they get insurance and sets a 3 per cent target for employment in the public sector, starting in 2003 and to be completed by 2009. The dates are "outside" deadlines and she hoped the measures would be in place before then.

For the Forum of People with Disabilities, the timeframe is a key issue. "The ideas and the principles are fine but there is a lack of urgency as if we have to gently guide people towards this," said Mr Donal Toolan, its co-ordinator.

"We don't. We have to make hard decisions and not take a softly-softly approach." He said there should be sanctions in the legislation for people who do not meet their commitments.

Mr John Dolan of the Disability Federation of Ireland welcomed the legislation as "ground breaking" in that it was the first attempt to enshrine the issues that were important for people.

"But while it is a major step forward, there is no point codding ourselves that if this became law in the morning then people's situations would improve in the short or medium term."

Ms Deirdre Carroll, general secretary of the National Association for Mentally Handicapped, welcomed the formalising of statutory need as something the association had sought for a long time.

"Often the problem is trying to get an assessment. Now it is stated clearly that parents, particularly of young children will be able to get an assessment of need and services," she said. "And people who are not satisfied with their assessment can go back to demand one."

The extension of the Ombudsman's remit was also a good move, and while welcoming the advocacy service, Ms Carroll was disappointed that it would not be in place until 2006. But it would be particularly helpful for people in closed environments such as in psychiatric hospitals "who might have no family, no ability to speak, no idea if their needs are being met".

Labour's health spokeswoman, Ms Liz McManus, said the "long lead-ins would make it very easy for people to opt out of their commitments, human nature being what it is". She called for specific interim targets that would have to be met.

Fine Gael's equality spokeswoman, Ms Frances Fitzgerald was "gravely concerned" about the lack of an independent advocacy service in the short term.

Key elements of the Disability Bill include:

1. Assessment of needs and guaranteed follow-through services to be available from January 1st, 2003;

2. All taxis and most buses to be fully accessible by 2010 and all rail accessible by 2015 with interim deadlines;

3. An advocacy service to represent the disabled, to be in place from January 1st, 2006;

4. A moratorium on genetic testing for commercial purposes from January 1st 2003 to December 31st 2009;

5. Videophone-link interpretation service for the deaf to be available from 2006;

6. Significant powers to National Disability Authority to ensure full implementation of legislation;

7. Government policy on mainstreaming public services for people with disabilities to be fully implemented in 2006;

8. A 3 per cent target for employment in the public service to be fully implemented by December 31st, 2009.

Marie O'Halloran

Marie O'Halloran

Marie O'Halloran is Parliamentary Correspondent of The Irish Times