Tom Clonan

The Disability (Miscellaneous Provisions) Bill 2023 tabled by Tom Clonan and Seanad Independent Group senators passed report and final stages in the Seanad yesterday.

The bill proposes to amend the Disability Act 2005 and the Equal Status Act 2000 to create a legal obligation for the State and the HSE to provide therapies, interventions and supports outlined in any assessment of need.

Ireland is the only country in the European Union with no legal requirement to provide the supports listed in an assessment of need or equivalent document, senators were told.

Opening the debate yesterday, Mr Clonan said: “We are outliers. We are 30 years behind England, Scotland, Wales and Northern Ireland with regard to legislative rights for disabled citizens.

“We are 50 years behind Germany and most of continental Europe. In fact, we are 75 years behind the German constitution in terms of what it sets out for disabled citizens and the State’s responsibilities.”

He said the legislation would move Ireland to a rights-based approach consistent with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

Emer Higgins, minister of state in the Department of Children, Disability and Equality, told senators that the government “supports the intent of the bill and has chosen not to oppose it on that basis”.

“I must, however, point out that there are significant challenges in the reality of the fact that the State has limited resources,” she added.

Speaking after the debate, Mr Clonan said: “I wish to thank the government and the new minister of state, Emer Higgins, and minister Norma Foley for allowing this bill to pass all stages in the Seanad.

“I believe this decision signals a sea change from positions that previous government ministers have taken on disability.”

He added: “I ask my colleagues in the Dáil to progress this bill to ensure that Ireland’s disability rights align with every other country in the European Union.”