Disability groups have expressed disappointment with Government plans to amend a landmark piece of disability legislation which will still contain a provision that would restrict access to the courts for people seeking the provision of adequate services, writes Carl O'Brien Social Affairs Correspondent
An umbrella group of disability organisations discussed the planned changes to the Disability Bill with the Minister of State for Justice, Frank Fahey, yesterday.
While some of the 10 proposed changes were given a cautious welcome, there was some anger that controversial measures, such as restricted access to the courts, would remain in the new Bill.
The last Disability Bill was withdrawn in the months leading to the 2002 general election mainly because of opposition over a similar section relating to access to the courts.
The amendments to the Bill outlined by Mr Fahey yesterday include a number of "concessions" such as:
a provision allowing for the Ombudsman to be used as an appeals officer in cases where there is a dispute over services being provided
widening the definition of "disability" to include mental health and childhood conditions
a set timeframe within which an assessment of a person's needs must be carried out
a review of the legislation within five years of it being enacted.
The umbrella group representing much of the disability sector, the Disability Rights Consultation Group, meets next Wednesday to reflect on the changes.
However, before this meeting, several disability organisations said the changes did not go far enough by failing to address key issues such as ring-fenced funding for the disability sector, or the progressive realisation of rights for people with disabilities.
Donal Toolan of the Forum on People with Disabilities said: "What they're talking about is not substantially different to the legislation that was withdrawn. They're open to amendments on pretty small issues. But there isn't going to be any progress on the big issues."
He said it was hypocritical of the Government to argue that it could not provide ring-fenced funding for disability services, given that it was prepared to set aside money over a long period of time for major infrastructure projects in the National Development Plan.
But Mr Fahey said the changes were significant and he rejected calls for ring-fenced funding.
He said there was virtually no international precedent for such measures, even in more traditionally liberal countries such as Sweden.
He also said he was prepared to meet the umbrella group to discuss other issues and amendments.
Other disability groups including Namhi, which represents intellectually disabled people and their families, and the National Parents and Siblings Alliance (NPSA) were disappointed with the Government's planned amendments.
Séamus Greene of the NPSA said: "It's about as bad as we expected. The Government expects it will be passed before the end of this Dáil session in the summer, so you wouldn't be overly hopeful of significant changes."
Namhi general secretary Deirdre Carroll said: "We've been told the right to go to court will not be there. Our members won't be pleased.
"These kinds of issues are very serious and of importance to people with disabilities."
The legislation is due to be debated at committee stage in the Oireachtas from next Tuesday.