Disability (Amendment) Bill 2026: Second Stage
Dail Éireann — 2026-09-23
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David Cullinane (SF), Waterford

The most important issue here is the rights of children with disabilities. Any objective review of this Government and, in fact, previous Governments over a long number of years would show a poor record. In many areas, it would show a disgraceful record. In 2005, the Government at the time - the Minister's party was in government - put in place an Act that provided rights for children with disabilities, including the right to an assessment of need. Every year since, the Government has utterly failed. What we have seen is children waiting far too long for an assessment. In many cases, they are not getting it. Worse than that, however, is that parents have had to go to court daily to demand that the State implement what it is legally obliged to do. Hundreds of cases - thousands over the years - have happened.
The Government then tried to pull a fast one. It brought in a new standard operating procedure. It tried to pawn off what was not an assessment of need as an assessment of need. Parents brought the Government to court. The High Court agreed with the parents that it was not an assessment of need. It was set aside. Since then, the waiting list has increased massively. In fact, it has multiplied by a factor of six, seven or more. We have far too many children waiting for an assessment.
Children cannot get access to services. What is really appalling and upsetting for parents, who have to battle for services, is that the assessment does not come and they are told they do not need an assessment to access services, as if the services are there. They then try to access services, sign up with a CDNT, and are put on a waiting list for an assessment or a service to be given to their child.
I raised last week in this House an issue in relation to the Waterford south city children's disability network team because I had met a group of parents. I have done far too many of these meetings, where, unfortunately, the same pattern or story is being told of parents stressed and unable to access the services and children not getting the developmental supports that they need. They were telling me that there was no point of contact for over a year for parents in relation to the CDNT. There was no nurse. Even trying to get incontinence pads for children who needed them was an impossibility. There was only one occupational therapist and no psychologist. As a result, children were left without supports. Children need multidisciplinary supports, including occupational therapy, speech and language, and psychology. It is all part of the team that is required, yet across many of these CDNTs, we do not have the staff.
We can bring in legislation and tinker with the system, but the issue is capacity. The only thing that will resolve this issue for parents and children is if we have the staff and capacity to ensure, on the one hand, that children get timely access to an assessment and, on the other hand, they actually get the services they need.
In the context of the Bill, there needs to be a discussion about the role of the assessment officers. I know this was dealt with during pre-legislative scrutiny at the relevant committee. It is something that needs to be teased out further on Committee Stage. I know a number of concerns have been raised. No impediment can be put in the way. There can be no three-card trick employed by the Government to in any way deny a child access to an assessment of need. It was enshrined in law. Children are legally entitled to this assessment. They are also entitled, I would argue as a matter of right, to appropriate services. For far too many children, they are not getting it. There are many missed opportunities for those children. If we are going to have a fresh start, that fresh start has to be about capacity and making sure that children have better access.

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Retrieved: 2026-09-28T05:50:49+00:00
Sitting date: 2026-09-23