People with Disabilities in Ireland
4th Floor Jervis House
Jervis Street
Dublin 1
Telephone: 01 87 21 74 4
Fax: 01 87 21 77 1
Email: info@pwdi.ie
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6 February 2003
(Draft - to be finalised for published version)
Dr Jane Pillinger, Ms Jennifer Stewart, Prof Gerard Quinn, Others to be added.
In March 2002, following the withdrawal of the Disability Bill, 2001, the Department of Justice, Equality and Law Reform (DJELR) set up an Expert Consultation Team with the task to consult with all stakeholders and report to government. At the same time the Minister of State invited the Chairperson of the National Disability Authority (NDA) to "facilitate meaningful dialogue at the national level with people with disabilities, their families, carers and service providers". This led to the formation of the Disability Legislation Consultation Group (DLCG), made up of umbrella groups and organisations in the disability sector. The NDA acted in a support capacity as well as secretariat to the group.
The government made a commitment to an amended Disability Bill in the Programme for Government (June 2002) including provision for rights of assessment, appeals, provision and enforcement. The Bill is due to be published in 2003 and is a legislative priority for the Department of Justice, Equality and Law Reform.
Discussions in the DLCG and a wider process of consultation, including sixty-eight written submissions and meetings in Cork, Galway and Dublin have helped to inform the content, focus and shape of this document and what the DLCG consider to be the core elements of disability legislation. The DLCG is of the view that these core elements include the right to an independent assessment of need that leads to a Statement of Needs and a plan that outlines how the needs identified will be met. This should be in line with the recommendations made in A Strategy for Equality, the Report of the Commission on the Status of People with Disabilities. In addition, the legislation should include the right to independent advocacy, physical, information and communications accessibility, and redress. Certain duties are also placed on public bodies to promote the mainstreaming of disability as well as duties on all public and private providers of services regarding accessibility.
This document summarises the consultations, recommendations and discussions undertaken in and by the DLCG on what should be included as core elements and underpinning principles in the new disability legislation. This document is the outcome of that process and proposes inclusion of fifteen core elements of disability legislation which are divided into four main parts:
This part of the paper explores the:
New legislation on disability in Ireland is part of a broader process of change internationally and nationally that is shaping a new social model in Ireland. This is based on changing values, rights and principles, with equality, participation, quality and inclusion being increasingly regarded as key values and principles underpinning Irish social policy. Ireland has also contributed to and benefited from the development of the European model of social rights rooted in social cohesion and social inclusion. This includes measures to improve the lives and rights of people who are disadvantaged, excluded and vulnerable. The greater focus on a social model of disability and rights also results from the changing and greater complexity of needs, including those related to achieving full participation in society. Meeting these needs in turn can help to build the values of trust, community and solidarity. The costs of not providing these rights will impact negatively on individuals, families and communities, as well as Irish society overall. The opportunities of embracing the legislation will have far-reaching economic and social benefits, including the more rational and effective use of resources, the enhancement of government-citizen connections, improved quality of life for people with disabilities, and the creation of modern, high quality, person-centred services.
For these reasons the DLCG believe that the disability legislation represents an important shift in thinking about how services can be provided more effectively and efficiently in order to realise the expectations and rights of people with disabilities. A key issue is that a rights-based approach positions the individual person with disabilities at the centre of service provision, and through needs assessment and service coordination resources are attached to the person him/herself.
There is also substantial evidence to show that services for people with disabilities are not always provided and managed in the most effective ways. This can lead to costly services that are inappropriately delivered. This has resulted in experiences of neglect, poor services or gaps in services for some people with disabilities. Organising and delivering services differently will impact positively on cost-effectiveness as well as on the full and equal participation of people with disabilities in society.
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