Seanad debates
Wednesday, 8 May 2024
Disability (Miscellaneous Provisions) Bill 2023: Committee Stage
12:30 pm
Tom Clonan (Independent) | Oireachtas source
I will also speak to section 3. I will have no more to say; I want to be brief.
Section 2(1) to 2(6), inclusive, place disability rights on a legislative basis, therefore, making them fundamental human rights. That is consistent with the Government's campaign from last autumn and into the winter. Disability rights are human rights. I am mandated, under the UNCRPD, as a parent and carer, to speak to the rights and lived experience of disabled citizens. I am not just permitted to do this; I am actually mandated to do this by the UNCRPD. As parents, because we do not have the experience of a rights-based approach to disability in Ireland, there is a lot of unmet need. That creates pain and trauma in families all over the Republic. I worry so much about my son and what will happen to him, in particular when I die, that it robs me of interactions with my other children, who are adults and teenagers. I know many Senators share that experience of trauma.We are always worried. We are always fearful. It is a fear of the unknown and it brings with it this huge sadness. To be honest, it robs people of the enjoyment of life. We are not emotionally available for our children and for our partners. It is a really destructive thing because it is not human rights-based. This section remedies that.
I know that placing the services on a legislative footing and giving disabled citizens a statutory right to services and therapies would create a demand that is challenging for budget and resources, but that demand exists already. It is just not recognised in law and, as a consequence, we find that our needs are not met. I make the point that placing things on a statutory basis and giving people human rights is a fundamental principle of our democracies and we must not flinch from it. This legislation would correct that hierarchy between assessment of need and the provision of services and therapies, as the Minister of State highlighted with regard to section 2. It would not make it any worse; it would actually remedy and rectify that.
With regard to the Short Title, collective citation and commencement, section 3(1) states: "This Act may be cited as the Disability (Miscellaneous Provisions) Act 2023." However, it is really a disability rights Bill. We see how states and democracies seek to address the concerns and needs of categories of citizens by way of vindication of their rights through law. That is what we do as legislators, and this is a disability rights Bill.
At the beginning of the debate, I thanked everybody who had co-signed the Bill from the Labour Party, Sinn Féin, the Civic Engagement Group and my colleagues in the Seanad Independent Group. I also want to thank my colleagues in Fine Gael, Fianna Fáil and the Greens who have supported me from across the floor. I really want to register my gratitude for that. I particularly recognise the contributions of Senator McGreehan. For me, as a parent and a carer, it was great to come to the Committee on Disability Matters and see her absolute commitment and her passion for the rights of disabled citizens. I referred earlier to the fear and the trauma, but when I see that commitment, it is very helpful and reassuring to know that we are not alone, as it were. I thank her personally for that. I also thank Senator Carrigy for all of the work that he does.
In Ireland, whether you have a physical disability, a so-called intellectual disability or are neurodiverse, we are all in the same community. It is about coming together - disabled citizens, neurodiverse citizens, parents, carers, traumatised people and people with acquired conditions. According to the World Health Organization, every single one of us will become disabled at some point in our life. That is normally towards the end of life but people also become disabled through road traffic collisions and through acquired brain injuries. This legislation benefits every citizen in the State.
I thank the Minister of State for not opposing the Bill. I ask her to please support it and, hopefully, at some point, we can have a conversation about introducing this in the Dáil. I also thank those who are not here but who supported us last summer and, as Senator McGreehan said, took a risk on the night. People really showed that this is a House that has a voice and makes a difference.I commend Senator McGreehan, Senator Carrigy and all my colleagues for the support I have received. When Senator Hoey talked about "the Bill that could" and said it was a small Bill, I thought she was going to say "A small Bill from a small man". I do not know where this fear came from.
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