Many injustices perpetrated by this State have had their roots in an immoderate concern for the public purse. Neglect, based on an unwillingness to provide costly services, was a traditional response when faced by the needs of vulnerable citizens.
Active discrimination applied, as happened recently with infected blood products. A reluctance to forcefully confront public prejudice also played its part. The terms of the Coalition Government's Disability Bill contained aspects of all these failures.
Thankfully, it has been withdrawn as a result of intense political and public pressure. Criticisms of the Bill centred on the long delays before many of its provisions would take effect; the fact that the rights of the disabled would not be legally enforceable and a lack of clarity about what would be required of service-providers. The National Disability Authority, established by the Government, found it necessary to call for major amendments to the legislation. It objected to a provision that would bar disabled persons from taking civil actions against the State. It also sought the appointment of an independent agency to investigate the needs of disabled persons and to ensure they received their proper entitlements.
Reacting to a growing clamour against the Bill, the Government considered its options at some length yesterday. Ministers agreed to drop Section 47, which would have prevented disabled persons from taking civil actions. And they authorised the Minister of State for Justice, Equality and Law Reform, Ms Mary Wallace, to engage in consultations with interested parties with a view to further amendments. Last night, Ms Wallace insisted the Bill had not been scrapped and that it contained many positive provisions.
There is no doubt that aspects of the Bill were well intentioned and sought to respond to the long-standing demands of disabled persons. In seeking to make public transport, buildings and services accessible, however, the legislation envisaged an implementation time-scale ranging from 5 to 13 years. Other services for the disabled could have become available next year. Ms Wallace will talk to various interest groups in coming weeks but, with a general election less than three months away and a full Dail programme in place, this Bill is effectively dead.
Last night, at a public meeting in the Mansion House, the Labour Party leader, Mr Ruairi Quinn committed his party to the introduction of rights-based legislation if he was returned to government. Earlier, in the Dáil, Fine Gael's Ms Frances Fizgerald sought withdrawal of the Bill, which she described as "mean-spirited and inadequate". The Government has already gone some way towards removing the most objectionable aspects of the legislation. What is now needed is a generous, more caring approach, that injects real urgency into the implementation of the proposed measures.