A report commissioned by the Department of Justice, Equality and Law Reform has poured cold water on suggestions that people with disabilities should be granted legally enforceable rights independent of Exchequer resources.
The report by Prof Brian Nolan of the Economic and Social Research Institute found none of the five countries studied - including the US, UK and Sweden - had adopted such a rights-based approach.
While it does not specifically reject the proposal, the report argues a "significant advance" would be made if alternative strategies were put in place, including the establishment of "a clear and detailed plan for improving services over time as more resources become available".
The proposal to have the needs of people with disabilities independently assessed and then made available as of right in a legally enforceable context has been recommended by the Disability Legislation Consultation Group (DLCG), as well as the Human Rights Commission.
However, the Government is reportedly divided on the issue, with some Cabinet members arguing such a concession would leave the State open to a large number of expensive law suits.
A Department spokeswoman said yesterday it planned to publish the Disability Bill, containing reforms, before Christmas, hopefully this month.
The ESRI report, published today, argues for a compromise where the State, through the relevant authorities, would "set out clearly what level of service provision the current level of resources is intended to underpin" and allow people with disabilities to access those services "with appropriate enforcement mechanisms".
It says: "The position currently adopted by many people with disabilities no doubt reflects their long-running experience of services that do not meet their needs and their disappointment with alternative approaches, but if carried to the extreme it runs the risk that 'the best may be the enemy of the good': an impasse would be to no one's advantage."
The report notes an independent assessment of needs could play "a key role" without legal backing. "While this assessment would not automatically mandate access to the full range of services seen as needed by the assessors, a clear picture of the gap between actual and desired services would be seen, and that could be a critical input into the planning process."
In a statement, the DLCG - representing 507 disability organisations - said the report makes two "unsafe" presumptions: first, that improved services depended upon more resources and, second, that more resources would become available over time. While accepting certain aspects of the report, the group said: "The issue of access for people with disabilities to the same mainstream public services as everyone else cannot be debated as a resource issue. It must be accepted as the norm for any society guided by the principles of equality."
Prof Nolan said: "The main negative message is that what people are looking for and insisting on - a righted-based approach - is open to argument. It is only the beginning of the discussion rather than the end of it."
At a meeting with the Tánaiste, Ms Harney, last night, the DLCG said it reaffirmed its proposals for effective disability legislation, emphasising the unity within the sector and its expectations for rights-based disability legislation which would make a significant difference to the lives of people with disabilities.
