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Please find enclosed on the FF/PD Amendments for the forthcoming Disability Bill. What do you think of the Amendments from the Government
please write your views after you read it.
Brendan Searson
Disability Officer
FG Dublin South East
Disability Bill 2004
Committee Stage Dáil Amendments
1. Section 2
In page 6, subsection (1), before line 15, to insert
“ ‘Executive’ means the Health Service Executive”.
2. Section 2
In page 6, subsection (1), to delete lines 22 and 23.
2a. Section 2
In page 6, subsection (1), line 29, to delete lines 29 to 31 and to insert “the meaning of the Air Navigation and Transport Act 1965 or a service provided by a person who only operates train service or railway infrastructure of historic or touristic interest;”.
3. Section 2
In page 6, subsection (1), line 39, to delete “a health board” and to substitute “the Executive”.
4. Section 5
In page 8, subsection (1), between lines 32 and 33, to insert the following definitions:
“ ‘service plan’, in relation to a specified body, means a service plan or other similar document approved by the Minister to whom that body is required by an enactment to submit such a plan or document;
‘specified body’ means the Executive or any other public body an officer of which is the accounting officer in relation to the appropriation accounts of that body for the purposes of the Comptroller and Auditor General Acts 1866 to 1998.”.
5. Section 5
In page 8, lines 33 to 50, to delete subsections (2) and (3), and to substitute the following subsections:
“(2) Where, in the financial year 2005 or any subsequent such year, a Minister or a relevant public body in relation to that Minister provides or arranges for the provision of services under this Act, that Minister shall, subject to subsections (4) and (5), allocate out of the monies available to him or her for that year such amount as he or she considers appropriate for the provision of those services.
(3) Where, in the financial year 2005 or any subsequent such year, a specified body provides or arranges for the provision of services under this Act, that body shall, subject to subsections (4) and (5), allocate out of the monies available to it for that year such amount as it considers appropriate for the provision of those services.”.
6. Section 5
In page 9, lines 1 to 14, to delete subsection (4), and to substitute the
following subsections:
“(4) In determining the appropriate allocation under subsections (2) or (3) in a financial year, the Minister or specified body concerned shall ensure that the amount remaining after the allocation is not less than the amount that is required, having regard, inter alia, to -
(a) the extent of the Minister’s or the specified body’s other obligations in that year, and
(b) in the case of a specified body, its service plan for that year
for the performance of the functions conferred on the Minister or the specified body other than by this Act.
(5) If satisfied that the amount of the moneys allocated under subsections (2) or (3) in a financial year is the maximum amount permitted by this section to be so allocated -
(a) the Minister or specified body concerned, as the case may be, shall not be required to allocate, and nothing in this Act shall be construed as requiring the allocation of, additional moneys under subsections (2) or (3) for that year, and
(b) the Minister or a relevant public body in relation to the Minister or a specified body, as the case may be, shall not be required to provide, and nothing in this Act shall be construed as requiring the provision by or on behalf of the Minister, the relevant public body or the specified body of, services under this Act in that year the cost of the provision of which could not be met out of the moneys allocated under subsections (2) or (3).”.
7. Section 6
In page 9, before section 6, to insert the following new section:
“ Review of 6. The Minister shall, not later than 5 years after the
operation of commencement of this Act, carry out a review of
Act. the operation of this Act.” .
8. Section 6
In page 9, subsection (1), to delete line 17.
9. Section 6
In page 9, subsection (1), between lines 19 and 20, to insert the following:
“ ‘appeals board’ means the Special Education Appeals Board established under section 36 of the Act of 2004.”
10. Section 6
In page 9, line 22, to delete “a health board” and to substitute “the Executive”.
11. Section 6
In page 9, lines 24 and 25, to delete “a health board” and to substitute “the Executive”.
12. Section 6
In page 10, subsection (1), line 2, to delete “a health board” and to substitute “the Executive”.
13. Section 6
In page 10, subsection (1), lines 8 to 13, to delete subsection (2) and to insert the following subsection:
“(2) In the definition of “disability” in section 2, “substantial restriction” shall be construed for the purposes of this Part as meaning a restriction which –
(a) is permanent or likely to be permanent, results in a significant difficulty in communication, learning or mobility or in significantly disordered cognitive processes, and
(b) gives rise to the need for services to be provided continually to the person whether or not a child or, if the person is not a child, to the need for services to be provided early in life to ameliorate the disability.”.
14. Section 6
In page 10, subsection (3), line 17, to delete “health boards” and to substitute “the Executive”.
15. Section 6
In page 10, subsection (3), line 19, to delete “health boards” and to substitute “the Executive”.
16. Section 6
In page 10, subsection (3), line 25, to delete “health boards” and to substitute “Executive”.
17. Section 6
In page 10, between lines 29 and 30, to insert the following subsection:
“(4) References in this Part to the appeals board shall be construed as references to the appeals board with, in addition to the functions conferred by the Act of 2004, the function of hearing and determining an appeal under section 10(4).”.
18. Section 7
In page 10, subsection (1), line 35, to delete “the chief executive officer concerned” and substitute “the Executive”.
19. Section 7
In page 10, subsection (1), lines 30 to 32, to delete:
“The chief executive officer of each health board may authorise such and so many officers of the board as he or she considers appropriate” and to substitute “The Executive shall authorise such and so many of its employees as it considers appropriate”.
20. Section 7
In page 10, subsection (2), lines 38 and 39, to delete “by other officers of the health board concerned” and to substitute “by other employees of the Executive”.
21. Section 7
In page 10, subsection (3), line 42, to delete “may” and to substitute “shall”.
22. Section 7
In page 11, subsection (6), lines 8 and 9, to delete “the chief executive officer of the health board concerned, and if appropriate,” and to substitute “the Executive, and, if appropriate, a person referred to in section 8(2) and”.
23. Section 7
In page 11, subsection 8(c), lines 50 and 51, after “assessment” to insert “and that note is taken of the views (if any) of the applicant concerning his or her needs or preferences in relation to the provision of services to meet his or her needs”.
24. Section 8
In page 12, subsection (1), lines 25 and 26, to delete “the health board in whose functional area he or she resides” and to substitute “the Executive”.
25. Section 8
In page 12, lines 39 to 45, to delete subsection (4) and to substitute the following:
“(4) Where it appears to an employee of the Executive that a person may have a disability or where a person is in receipt of a health service provided by the Executive or both, he or she may arrange for an application under subsection (1) to be made by or on behalf of the person or may request the Executive to carry out or cause to be carried out an assessment of him or her.”.
26. Section 8
In page 12, subsection (5), line 46, after “application” to delete “or a request under subsection (1)” and to substitute the following “under subsection (1) or a request under subsection (4)”.
27. Section 8
In page 12, subsection (5), line 47, to delete “the chief executive officer of the health board concerned” and to substitute “the Executive”.
28. Section 8
In page 13, subsection (7), line 13, to delete “A health board” and to substitute “The Executive”.
29. Section 9
In page 13, lines 30 and 31, to delete “the health board concerned” and to substitute “the Executive”.
30. Section 10
In page 13, subsection (1), lines 35 and 36, to delete “The chief executive officer of a health board may authorise such and so many officers of the board as he or she” and to substitute “The Executive shall authorise such and so many employees of the Executive as it”.
31. Section 10
In page 13, subsection (2), lines 39 and 40, to delete “a chief executive officer of a health board” and to substitute “the Executive”.
32. Section 10
In page 13, subsection (2), line 46, to delete “the health board” and to substitute “the Executive”.
33. Section 10
In page 14, subsection (4)(a), line 5, to delete “to”.
34. Section 10
In page 14, subsection (4)(a), line 9, to delete “may” and to substitute “shall”.
35. Section 10
In page 14, between lines 24 and 25, to insert the following subsection:
“(5) The liaison officer may appeal a decision of the Council under subsection (4) to the appeals board who may direct the Council to comply with the request or dismiss the appeal and the Council shall comply with a direction of the board.”.
36. Section 10
In page 15, subsection (7), line 6, to delete “A copy of a service statement” and to substitute “A service statement shall be prepared without undue delay and a copy thereof”.
37. Section 10
In page 15, subsection (7), line 7, to delete “the chief executive officer of the health board concerned” and to substitute “the Executive”.
38. Section 10
In page 15, subsection (8), lines 14 and 15, to delete “the chief executive officer of the health board concerned” and to substitute “the Executive”.
39. Section 10
In page 15, between lines 20 and 21, to insert the following subsection:
“(10) A liaison officer shall review the provision of services specified in service statements.”.
40. Section 12
In page 15, subsection (1), line 47, to delete “A health board” and to substitute “The Executive”.
41. Section 12
In page 16, subsection (1), between lines 2 and 3, to insert the following:
“(c) specifying the aggregate needs identified in assessment reports which have not been included in the service statements,”.
42. Section 12
In page 16, lines 5 to 10, to delete subsection (2) and to substitute the following:
“(2) The Executive shall, within 6 months after the end of each year, submit a report in writing to the Minister in relation to the aggregate needs identified in assessment reports prepared including an indication of the periods of time ideally required for the provision of the services, the sequence of such provision and an estimate of the cost of such provision.”.
43. Section 13
In page 16, subsection (1), lines 19 and 20, to delete “the chief executive officer of the health board concerned” and to substitute “the Executive”.
44. Section 13
In page 16, between lines 23 and 24, to insert the following:
“(b) the fact, if it be the case, that the assessment under section 8 was not provided within the period of time specified in section 8(5);”.
45. Section 13
In page 16, subsection (1)(d), line 29, to delete “board” and to substitute “Executive”.
46. Section 14
In page 16, subsection (1), lines 38 and 39, to delete “The chief executive officer of each health board may authorise such and so many officers of the board as he or she considers appropriate” and to substitute “The Executive shall authorise such and so many employees of the Executive as it considers appropriate”.
47. Section 14
In page 16, subsection (3), lines 45 and 46, to delete “a chief executive officer of a health board” and to substitute “the Executive”.
48. Section 14
In page 17, subsection (4)(a)(iii), line 10, to delete “the chief executive officer concerned” and to substitute “the Executive”.
49. Section 14
In page 17, lines 20 and 21, to delete, “the chief executive officer concerned” and to substitute “the Executive”.
50. Section 14
In page 17, subsection (5), between lines 23 and 24, to insert the following paragraph:
“ (c) Where a complaint is not resolved under this subsection, the complaints officer shall keep a record of the matter and send a copy thereof to the Executive who shall refer the matter to another complaints officer for investigation.”.
51. Section 14
In page 17, subsection (6), line 33, to delete “the chief executive officer concerned” and to substitute “the Executive”.
52. Section 14
In page 17, subsection (8)(c), line 48, to delete “a health board” and to substitute “the Executive”.
53. Section 14
In page 17, subsection (8)(c), line 51, and in page 18, line 1, to delete “the chief executive officer of the health board concerned” and to substitute “the Executive”.
54. Section 14
In page 18, subsection (8)(e), line 7, to delete “a health board” and to substitute “the Executive”.
55. Section 14
In page 18, subsection (8)(e), line 11, to delete “the health board concerned” and to substitute “the Executive”.
56. Section 14
In page 18, lines 16 to 49 and in page 19, lines 1 to 5, to delete subsections (11) to (13).
57. Section 17
In page 17, lines 44 and 45, to insert the following
“(b) if the report contains a finding that the Executive failed to provide an assessment within the period of time specified in section 8(5),”.
58. Section 17
In page 19, subsection (1), line 24, to delete “specified in paragraph (a), (d) or (e) of” and to substitute “or recommendation under”.
59. Section 17
In page 19, lines 31 to 38, to delete subsection (2), and to substitute the following:
“ (2) The Executive or the head of an education service provider may appeal to the appeals officer in the prescribed manner against a finding or recommendation specified in paragraph (f) of section 14(8) and, if such an appeal is brought, the appeals officer shall give the parties an opportunity to be heard by him or her and to present to him or her any evidence relevant to the appeal.
(3) An appeal under this section shall be initiated by a person referred to in subsection (1) or (2) within 6 weeks of the date on which the finding or recommendation to which it relates was communicated to the person, by furnishing a notice in writing in the prescribed form or in a form to the like effect to the appeals officer specifying the grounds of appeal.”.
60. Section 17
In page 19, subsection (1), line 25, to delete “a chief executive officer of a health board” and to substitute “the Executive”.
61. Section 17
In page 19, subsection (2), lines 35 and 36, to delete “chief executive officer concerned” and to substitute “Executive”.
62. Section 17
In page 19, subsection (3), lines 41 and 42, to delete “chief executive officer concerned” and to substitute “Executive”.
63. Section 17
In page 19, subsection (3), lines 44 and 45, to delete “the chief executive officer of the health board concerned” and to substitute “the Executive”.
64. Section 17
In page 19, subsection (4), line 50, to delete “the health board concerned” and to substitute “the Executive”.
65. Section 17
In page 21, subsection (11)(b), lines 16 and 17, to delete “the chief executive officer of the health board concerned” and to substitute “the Executive”.
66. Section 17
In page 21, subsection (15)(c), line 38, after “officer” to insert “or”.
67. Section 18
In page 22, subsection (2), line 45, to delete “applicant” and to substitute “the person who initiates the appeal”.
68. Section 18
In page 23, subsection (5)(b), lines 8 and 9, to delete “the chief executive of the health board concerned” and to substitute “the Executive”.
69. Section 18
In page 23, subsection (5)(b), lines 13 and 14, to delete “chief executive officer of the health board concerned” and to substitute “Executive”.
70. Section 20
In page 23, lines 36 to 38, to delete subparagraph (v) and to substitute the following subparagraph:
“(v) matters relating to the nomination by the Council of a person or persons with appropriate expertise to assist in carrying out an assessment in relation to educational services,”.
71. Section 20
In page 24, to delete lines 4 to 6 and substitute the following paragraph:
“(v) the procedures for and in relation to the review by liaison officers of the provision of services specified in service statements, including the intervals at which such reviews shall be undertaken either generally or with reference to–
(I) a particular category or categories of disability, or
(II) categories of persons of a particular age,”.
72. Section 21
In page 24, subsection (1)(a), lines 20 and 21, to delete “the chief executive officer of the health board concerned” and to substitute “the Executive”.
73. Section 21
In page 24, subsection (1)(a), line 39, to delete “the chief executive officer concerned” and to substitute “the Executive”.
74. Section 23
In page 25, between lines 36 and 37, to insert the following new section:
“Definition. 23. In this Part ‘housing authority’ has the same meaning as it has in the Housing Act 1966 amended by section 21 of the Housing Act 1988.”.
75. Section 23
In page 26, subsection (2)(f), line 13, to delete “take account of” and to substitute “comply with”.
76. Section 23
In page 26, subsection (4) (c), lines 42 and 43, to delete “and the frequency of use of the building by such persons”.
77. Section 23
In page 26, between lines 43 and 44, to insert the following:
“(5) Before making an order under subsection (4), the Minister of the Government concerned shall consult with such other Ministers of the Government or such other persons as he or she considers appropriate.”.
78. Section 25
In page 27, between lines 33 and 34, to insert the following subsection:
“(4) This section shall come into operation on 31 December 2005.”.
79. Section 26
In page 28, between lines 5 and 6, to insert the following subsection:
“(3) The head of a public body, shall as far as practicable, ensure that information that is published by the body which contains information relevant to persons with intellectual disabilities is published in a form that is comprehensible to those persons.”
80. Section 29
In page 30, lines 13 to 17, to delete subsection (5) and to substitute the following subsection:
“(5) Where an accessible public transport service and related infrastructures or buildings are required by a sectoral plan to be provided by a specified date (“the specified date”) and the specified date is later than the date which would otherwise apply by virtue of sections 23 to 27, the service, infrastructures or buildings may be provided at any time before the specified date.”.
81. Section 30
In page 30, line 30, to delete “and”.
82. Section 30
In page 30, between lines 30 and 31, to insert the following new paragraph:
“(d) arrangements for cooperation by the Executive with housing authorities in relation to the development and coordination of the services provided by housing authorities for persons with disabilities, and”.
83. Section 34
In page 32, line 11, to delete “and”.
84. Section 34
In page 32, line 15, to delete “road.” and substitute “road, and”.
85. Section 34
In page 32, between lines 15 and 16, to insert the following new subsection:
“(2) In this section ‘public places’ includes –
(a) street furniture, pavements and pedestrian zones,
(b) signage,
(c) public parks and open spaces owned or maintained by a local authority,
(d) harbours, bus and light rail stops for which a local authority is responsible,
but does not include a public building under section 23 or a service to which section 24 or 25 applies.”.
86. Section 34
In page 32, between lines 15 and 16, to insert the following:
“(d) housing and accommodation for persons with disabilities,
(e) proposed arrangements for cooperation by housing authorities with the Executive in relation to the development and coordination of the services provided by housing authorities for persons with disabilities, and
(f) any other matters which the Minister considers appropriate.”.
87. Section 34
In page 32, paragraph (b), line 11, to delete “and”.
88. Section 34
In page 32, paragraph (c), line 15, to delete “road.” and to substitute “road,”
89. Section 36
In page 32, line 39, after “writing” to insert “a prescribed form or a form to the like effect”.
90. Section 41
In page 37, subsection (1), line 11, to delete “2B(1)(xi) and to substitute “2B(1)(b)(xi)”.
91. Section 44
In page 38, subsection (2)(b), line 20, to delete “a health board” and to substitute “the Executive”.
91a. Section 45
In page 39, subsection (1)(b), line 6, to delete “1999 Act” and to substitute “Act of 1999”.
92. Section 45
In page 39, subsection (3)(d), between lines 38 and 39, to insert the following subparagraph:
“(4) that the public body concerned shall offer a specified number of work experience placements of specified duration to persons with disabilities each year.”.
93. Section 45
In page 39, subsection (3)(d)(ii), line 35, to delete “or”.
94. Section 45
In page 39, subsection (3)(d)(iii), line 38, to delete “appropriate.” And to insert “appropriate,”.
95. Section 46
In page 41, subsection (7), line 6, to delete “each” and to substitute “such”.
96. Section 47
In page 41, subsection (1), lines 8 and 9, to delete “ A public body, shall, at the request of the relevant Minister or of the Authority,” and to substitute “A public body shall, at the request of the Minister, or of the Authority,”.
97. Section 48
In page 43, line 15, to delete “The Authority” and substitute “Subject to paragraph (c), the Authority”.
98. Section 48
In page 43, line 23, to delete “A report” and substitute “Subject to paragraph (d), a report”.
99. Section 48
In page 43, between lines 34 and 35, to insert the following new paragraphs:
“(c) The Authority may, where it considers appropriate, prepare, and submit to the Minister not later than 30 November in each year, a report (other than a report under subsection (1)) setting out the particulars referred to in paragraph (a), and where it so does it shall be deemed to have complied with that paragraph.
(d) The Authority may, where it considers appropriate, prepare, and submit to the Minister not later than 30 November in each year, a report (other than a report under subsection (1)) containing –
(i) an assessment, and
(ii) if appropriate, a recommendation,
referred to in paragraph (b), and where it so does it shall be deemed to have complied with that paragraph.”.
100. Section 50
In page 44, lines 27 and 28, to delete “physical or mental feature,” and to substitute “physical, sensory, mental health or intellectual”.
101. Schedule
In page 49, lines 34 to 40, to delete paragraph 1 and to substitute the following:
“1.-The position of appeals officer shall be a position in the Civil Service, within the meaning of the Public Service Management (Recruitment and Appointments) Act 2004, and a person shall not be appointed to be the appeals officer unless he or she has been selected for appointment to the position following a competition under that Act.”.
102. Schedule
In page 50, lines 21 to 32, to delete paragraph 7.
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