Sir, – The RTÉ programme on the Áras Attracta care home in Swinford, Co Mayo, last week shone a depressing light on the standards of residential care for persons with intellectual disabilities in this HSE-run facility. The scenes have caused shock and distress to people all across the country. Inclusion Ireland has identified specific legislative or ministerial actions which could be taken now in five areas: advocacy, individualised funding (personal budgets), investment in promised disability reform, assisted decision-making legislation and hate crime legislation.
The Citizens Information Act 2007, a core component of the National Disability Strategy (NDS) (2004), provides for the establishment of a Personal Advocacy Service with statutory powers. The Personal Advocacy Service and Community Visitors Programme have yet to be introduced. The decision not to introduce the Personal Advocacy Service was made in 2008.
The National Advocacy Service has huge waiting lists and is struggling to meet demand and it has been reported that these advocates are being met with resistance and a lack of co-operation from public bodies, including the HSE.
The Tánaiste and Minister for Social Protection Joan Burton should, under section 5 of the Citizens Information Act 2007, establish the Personal Advocacy Service.
The HSE and Minister of State for Social Care Kathleen Lynch should introduce the Community Visitors Programme in 2015, in partnership with Inclusion Ireland and other stakeholders.
The Department of Health convened an expert group to review disability services that stated in 2012 that the current model of disability service provision does not meet stated policy objectives and that “those using disability services do not participate in society in any meaningful way . . . have little opportunity to self-determine or to live full and independent lives”.
Five large disability service organisations control 50 per cent of the total disability spend of circa €1.4 billion. They serve nowhere near 50 per cent of persons with disability who require support. In the absence of Government commitment to individualised or personalised supports being fulfilled, no real reform will happen soon.
In line with Programme for Government commitments, Minister for Health Leo Varadkar should instruct the HSE to ensure that service-level agreements are signed with disability providers for 2015 to allocate 5 per cent to 8 per cent of the block grant to individualised, person-centred, community-based models of support.
A programme of investment by Minister for Public Expenditure and Reform Brendan Howlin to ensure the implementation of the congregated settings report is urgently required if these abuses are to be avoided in the future.
Legislation currently before the Oireachtas – the Assisted Decision-Making (Capacity) Bill 2013 – will put in place the legal recognition of people with disabilities and a realisation of their right to enjoy legal capacity alongside others.
Crucial to this realisation is the supports that are needed to make decisions and exercise legal capacity, and it is critical that the legislation recognises the individual support each person with an intellectual disability requires to make and communicate decisions.
Persons committing hate crimes against persons with disabilities should be punished through the criminal justice system. There are two ways of doing this – by introducing aggravated forms of existing offences and through sentence enhancement. Both of these should be immediately considered by the Government.
In addition, Minister for Justice Frances Fitzgerald must repeal the Lunacy Regulation (Ireland) Act 1871, which labels people with intellectual disability as “idiots” in law and does not protect the decisions or choices of people with intellectual disabilities.
She should also publish the revised Assisted Decision-Making (Capacity) Bill 2013 and ensure its enactment at the earliest possible moment. – Yours, etc,
CORMAC CAHILL,
Inclusion Ireland,
Unit C 2,
The Steelworks,
Foley Street, Dublin 1.