The National Disability Authority has called on the Government to drop key parts of the controversial Disability Bill, which is due to begin its passage through the Oireachtas this week. Following a board meeting last week, the NDA recommended that an agency should be given powers to ensure that the disabled receive their proper entitlements.
A confidential briefing paper prepared for the meeting, which has been seen by The Irish Times, pointed out major deficiencies in the legislation, which has been roundly condemned by disability lobby groups.
In a subsequent letter to the Minister of State for Justice, Equality and Law Reform, Ms Mary Wallace, the NDA said that the assessment of a disabled person's needs should be carried out independently and not by either the Department of Health or health boards.
In addition, it has urged the Minister of State to drop the highly controversial Section 47 of the legislation, which will bar the disabled from taking civil actions to vindicate their rights.
The 20-strong NDA was established by the Minister for Justice, Mr O'Donoghue, in July 1998 and was set up on a statutory basis the following year.
The Disability Bill 2002 lays down the phased improvement of services for the disabled, including better access to public services, transport, health and social services, from January 2003. However, critics of the Bill, including Ms Kathryn Sinnott, who sued the State to win education for her autistic son, Jamie, point out that it does not offer legally-enforceable rights to the disabled.
The Government and a number of legal sources argue that the disabled could not be given superior rights to other sections of the community without provoking constitutional difficulties.
The NDA briefing paper stated: "There are frequent references in the Bill to 'reasonable steps' and 'as far as practicable'. These terms are not defined and it is usually left to the person providing the service to define them. This may lead to a lack of clarity re exactly what has to be done and to what extent."
The Equality Authority, which is statutorily bound to improve employment equality, has also written to the Minister of State seeking changes to the legislation.
A meeting is being held at the Mansion House in Dublin tonight, beginning at 7.30, to protest at the failure of the Bill to offer service guarantees to the disabled. In a leaflet, the organisers declare: "We all believe that if this Bill is passed by Dáil Eireann the campaign for rights will be set back for years. This is your last chance to be heard. And it may be our last chance, as a united disability movement, to make the politicians listen. No more broken promises. No more playing with words. Now is the time for rights."
