Ombudsman Emily O'Reilly has expressed concern that the wording of the new Disability Act may not be robust enough to ensure public bodies take sufficient steps to improve access for disabled people to buildings and services.
The Act, which was recently placed on the statute books, requires public bodies to provide a range of accessible services and buildings for people with disabilities. However, Ms O'Reilly said parts of the legislation were subject to a range of clauses such as "where practicable" and "having regard to resources and obligations".
The Ombudsman said she could foresee difficulties if public bodies took a "minimalist" approach to interpreting the act. This, she said, could lead to frustration among people with disabilities and undermine the credibility of the legislation.
"When issues of access are qualified by these conditions, then who becomes the arbiter? Who decides what's practicable and reasonable?" she asked.
"Integration [of people with disabilities] means something very specific: it's not just putting a ramp out by the back exit, for example. It's about providing the same level of access to building and services for all people. It's not just a patch-up job."
Ms O'Reilly said that, given the level of resources available, it would be more difficult than in the past for public bodies to argue they did not have sufficient resources.
"In relation to resources, the Disability Act couldn't come at a better time. The issue of a lack of resources won't wash as well as it did in the past."
Under the Disability Act, the remit of the Ombudsman will be broadened to provide for the review of decisions made by complaints officers in relation to non-compliance with the terms of a sectoral plan, or the determination of an inquiry officer in relation to non-compliance.
Ms O'Reilly was speaking at the publication of a report published by the National Disability Authority, How Far Towards Equality?
The research found people with disabilities fare significantly worse in all aspects of society compared to non-disabled people.
