The Labour Party leader, Mr Pat Rabbitte, has expressed concern that the Government may renege on its promise to deliver rights-based legislation following fresh correspondence on the matter from the Taoiseach, Mr Ahern.
Last July, the Taoiseach gave a commitment to disability campaigners to provide legislation which would allow disabled people to sue the State if not given proper services.
However, in a letter to Mr Rabbitte last week, Mr Ahern said the focus on whether the legislation would meet the criteria for being rights-based could detract from "real issues" such as services and standards.
While he said that there would be a right of recourse to the courts in the legislation, he did not say on what grounds and for what services this right would apply.
The letter, dated August 26th, was sent on the same day as a newspaper article by the Minister of State with responsibility for disability issues, Mr Willie O'Dea, said the right to services should be limited by "the availability of staff and resources".
Mr Rabbitte has responded to Mr Ahern, and said that the wording of the letter left him with "foreboding" about whether the Government would renege on its commitment to rights-based legislation, especially the right to a needs assessment and services arising from that.
In the Taoiseach's letter, Mr Ahern wrote: "[It is] the Government's intention that the proposed legislation would put the best possible arrangements in place for people with disabilities.
"However, the emphasis on the issue of 'rights' can, in my own view, become overly simplistic when represented in terms of an individual's access to the courts on a specific issue.
"This can detract attention and discussion from the real issues which arise from the interaction and interdependence of rights, services and standards.
"The challenge is to have effective combination of legislation, policies, institutions and systems in place.
"A focus on the extent to which particular legislative proposals meet an abstract criterion of 'rights-based' may not advance a proper and critical view of the services that should be in place and how they should work."
He went on to say that the Government was committed to significant improvements and an ultimate right of access to the courts.
In response to the letter, Mr Rabbitte said in the aftermath of the Special Olympics there was "huge national support" for rights-based legislation, and there could be "no possibility of reneging on the commitment to rights".
"I have to say that your letter to me, however, leaves me with foreboding about whether or not the Bill, when published, will live up to the rhetoric.
"In particular, I see nothing unduly abstract about the term 'rights-based' and I would hope that it is not the intention to muddy the waters in this regard."
Mr Ahern said it was intended that the Disability Bill would be finalised and introduced into the Dáil in November.
A separate piece of legislation, the Education for Persons with Disability Bill, which has already been published, will be enacted before the more general piece of legislation.
