The Disability Bill was fundamentally flawed and needed significant amendments, a number of interest groups told an Oireachtas committee yesterday.
Ten key issues of concern in the Bill identified by the Disability Legislation Consultative Group (DLCG) were supported by 14 other disability organisations making submissions.
At the Joint Committee on Justice, Equality, Defence and Women's Rights, Dr Angela Kerins of the DLCG, representing 507 organisations, said there were fundamental flaws in the Bill.
"Improvements have happened, but there is a very long way to go. There's a lot done, but an awful lot more to do," she said.
Dr Kerins read out the 10 issues of concern.
1. The DLCG believed the definitions of disability were too narrow. It was also concerned that the definition excluded episodic conditions and early intervention needs.
2. The Bill must provide a clear right to an independent assessment of need.
3. It must provide for individuals' right to "progressivity" on their unmet needs, identified in their independent assessment report. This must be done annually or whenever there was a change of circumstance.
4. The complaints system was too complex. It needed to be simplified and made more accessible.
5. The appeals system needed to be independent of the Department of Health and Children, perhaps in another Government Department.
6. The Bill must provide for a clear ring-fencing of disability-specific resources.
7. It must also provide for a clear statutory duty on all Government Departments and public bodies to include people with disabilities in their plans and services with appropriate monitoring and accountability.
8. Public services should include all those provided in the public system by statutory or non-statutory entities. The Bill did not take account of the wider needs, e.g. the Department of the Environment and Local Government had not addressed housing needs.
9. Clarity was needed on the impact of the Disability Bill on Section 14 of the Equal Status Act.
10. There should be a review of legislation after three years.
Dr Kerins said the DLCG had met the Minister of State, Mr Frank Fahey, on October 27th and expressed its concerns. It had also met the Taoiseach and now hoped for an early meeting with Mr Fahey for his response.
She added that time and time again there was uniformity across the organisations regarding the key issues that needed to be addressed.
Ms Mary Keogh, of the National Disability Authority and Forum of People with Disabilities, said: "The fundamental flaws outlined are the bottom line of changes. I'd urge that the mistakes of the past not be repeated, but they clearly will happen again if the DLCG is not listened to."
The CEO of the Disability Federation of Ireland, Mr John Dolan, said the Bill was "very vulnerable and weak as it stands now but it needn't be when it's finished,"
Others described it as having "serious flaws" and being "extremely disappointing" and not rights-based.
A total of 15 disability groups representing a range of interests, including the elderly, voluntary bodies, rehab, mental health, the intellectually disabled, Alzheimer's, epilepsy and brain injury made submissions.
All called for the amendments to be made but most stopped short of wanting the Bill scrapped completely.
The committee chairman, Mr Seán Ardagh TD, said more groups would be making submissions on the Bill next Tuesday.