The Government has given a commitment to disability campaigners to provide in new legislation for the right to sue the State for services.
News of the development emerged after a meeting yesterday between the Taoiseach, Mr Ahern, and the Disability Legislation Consultation Group. The chairwoman of the group, Ms Angela Kerins, said it was encouraged by the meeting.
The development emerged despite the reservations of some Cabinet members who believe that such a concession would leave the State open to a large number of claims costing millions of euro.
Those opposed to such a concession are believed to include the Minister for Justice, Mr McDowell, who has made forceful arguments against rights-based legislation.
However, the Minister of State for Justice, Mr Willie O'Dea, had acknowledged that the holding of the Special Olympics in Ireland last month had given an incentive for the Government to produce the "best legislation possible".
The Government spokeswoman confirmed last night that the Disability Legislation Consultation Group, which represents more than 500 disability organisations, had been given an undertaking that a right of appeal to the courts would be included in a new Disability Bill.
The new Bill will be published in the autumn after earlier proposals were dropped before the election last year by the Government. That Bill had been widely criticised by disability campaigners.
In addition to the right of access to the courts, the new Bill will provide for a right of appeal in the first instance to State agencies with enforcement. It will also provide for an independent assessment of needs and for the allocation of services to people with disabilities.
Such legislation will follow the Education for Persons with Disabilities Bill, which will be published today by the Minister for Education, Mr Dempsey.
While Mr Dempsey's spokeswoman would not disclose the terms of that bill, it will include provisions to improve access to education up to the age of 18 for those with disabilities. This is seen as an implicit recognition of flaws in the current system.
The general secretary of the National Association of Mental Handicap in Ireland, Ms Deirdre Carroll, welcomed the Government's commitment to include the right to go to the courts to secure services for disabled people.
Noting the previous Bill did not include the right of access to the courts, Ms Carroll said the meeting with Mr Ahern was positive. "We would hope that people would have the right to go to the courts if all other administrative mechanism failed, but it's really only as a last resort."
Ms Kerins said that Mr O'Dea had made a commitment to meet the group once the new Bill was published.
