Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697804864268.pdf (Ireland)
An Comhchoiste um Nithe a Bhaineann le Míchumas Maoiniú ar Mhíchumas a chomhfhogasú le Coinbhinsiún na Náisiún Aontaithe um Chearta Daoine faoi Mhíchumas Buiséad 2023 Aighneacht Réamh-Bhuiséid Iúil 2022 Joint Committee on Disability Matters Aligning Disability Funding with the United Nations Convention on the Rights of Persons with Disabilities Budget 2023 Pre-Budget Submission 33/DM/06 July 2022 Aligning Disability Funding with the United Nations Convention on the Rights of Persons with Disabilities Budget 2023 Pre-Budget Submission MEMBERSHIP • Holly Cairns T.D., Social Democrats • Seán Canney T.D., Independent • Emer Higgins T.D., Fine Gael • Neasa Hourigan T.D., Green Party • Michael Moynihan T.D., Fianna Fáil, (Cathaoirleach) • Jennifer Murnane O'Connor T.D., Fianna Fáil • John Paul Phelan T.D., Fine Gael • Pauline Tully T.D., Sinn Féin, (Leas-Chathaoirleach) • Dessie Ellis T.D., Sinn Féin • Senator Tom Clonan, Independent • Senator Eileen Flynn, Independent • Senator Erin McGreehan, Fianna Fáil • Senator Fiona O'Loughlin, Fianna Fáil • Senator Mary Seery Kearney, Fine Gael Page 1 of 27 Maoiniú ar Mhíchumas a chomhfhogasú le Coinbhinsiún na Náisiún Aontaithe um Chearta Daoine faoi Mhíchumas Buiséad 2023 Aighneacht Réamh-Bhuiséid Joint Committee on Disability Matters Holly Cairns T.D., Social Democrats Seán Canney T.D., Independent Emer Higgins T.D., Fine Gael Neasa Hourigan T.D., Green Party Michael Moynihan T.D., Fianna Fáil, Cathaoirleach Jennifer Murnane O’Connor T.D., Fianna Fáil John Paul Phelan T.D., Fine Gael Pauline Tully T.D., Sinn Féin, Leas-Chathaoirleach Dessie Ellis T.D., Sinn Féin Senator Eileen Flynn, Independent Senator Erin McGreehan Fianna Fáil Senator Tom Clonan, Independent Page 2 of 27 Aligning Disability Funding with the United Nations Convention on the Rights of Persons with Disabilities Budget 2023 Pre-Budget Submission Senator Fiona O'Loughlin, Fianna Fáil Senator Mary Seery Kearney, Fine Gael Page 3 of 27 Maoiniú ar Mhíchumas a chomhfhogasú le Coinbhinsiún na Náisiún Aontaithe um
 Chearta Daoine faoi Mhíchumas Buiséad 2023 Aighneacht Réamh-Bhuiséid FOREWORD In its Pre-Budget Submission for 2023, it was important for the Committee to continue to focus on key funding initiatives for delivery under Budget 2023 that will drive strategic change and reform and enable meaningful implementation of the UNCRPD and deliver rights for people with disabilities.
Similar to the Pre-Budget Submission 2022, a key focus for the Committee for Budget 2023 is the development of a model of funding distribution in line with the UNCRPD that can deliver better outcomes for people with disabilities, and maximise people’s capacity, independence and quality of life.
This funding redistribution must be undertaken in tandem with strengthening the link between expenditure and activity across services and service providers, to help improve monitoring and in turn value for money in disability services.

The first steps towards this can be taken by developing UNCRPD compliant Equality Budgeting.

Another important theme, and which was communicated to the Committee in public meetings, is that delivery of disability proofing has radically changed.
Previously, people without disabilities, for example, staff who were preparing a Memoranda for Government proposal, would undertake a disability impact assessment to determine if a policy proposal impacted people with disabilities.

However, under the UNCRPD, Disabled Persons Organisations (DPOs), can only determine the impact of policy on those they represent, people with disabilities.

Government must act urgently to fund and develop meaningful structures and mechanisms that enable this new governance.
Another concern of the Committee which requires urgent attention under Budget 2023 is Children’s Disability Services and developing, funding and resourcing a model of early intervention, where intervention happens early in a child’s life (0-5yrs) and is mainstreamed across health and education services to reduce regression and deliver improved quality of life outcomes.
The forthcoming budgetary choices will be an indicator of the State’s commitment to the UNCRPD and the fulfilment of its human rights obligations for people with disabilities.
Page 4 of 27 Aligning Disability Funding with the United Nations Convention on the Rights of Persons with Disabilities Budget 2023 Pre-Budget Submission Table of Contents MEMBERSHIP ........................................................................................................... 1 FOREWORD .............................................................................................................. 4 INTRODUCTION ........................................................................................................ 7 Optional Protocol and general provisions ............................................................. 8 RECOMMENDATIONS ..................................................................................................................... 10 Equality and non-discrimination ........................................................................... 11 RECOMMENDATION ....................................................................................................................... 11 Accessibility ........................................................................................................... 12 RECOMMENDATIONS ..................................................................................................................... 12 All of Government National Plan for Accessibility ......................................................................... 12 Built environment .......................................................................................................................... 12 Transport ....................................................................................................................................... 13 Independent and adequate standard of living and social protection ................ 14 RECOMMENDATIONS ..................................................................................................................... 14 Universal Design, planning, and housing delivery
 ........................................................................ 14 Independent living ......................................................................................................................... 15 Additional congregated settings .................................................................................................... 16 Homelessness ............................................................................................................................... 16 Disability allowance ....................................................................................................................... 16 Medical cards ................................................................................................................................ 17 Artists Basic Income ...................................................................................................................... 17 Family Carers ................................................................................................................................ 17 Homecare and personal assistance .............................................................................................. 18 Education and employment .................................................................................. 19 RECOMMENDATIONS ..................................................................................................................... 19 Health and life ......................................................................................................... 20 RECOMMENDATIONS ..................................................................................................................... 20 Children’s Disability Services ........................................................................................................ 21 Page 5 of 27 Maoiniú ar Mhíchumas a chomhfhogasú le Coinbhinsiún na Náisiún Aontaithe um Chearta Daoine faoi Mhíchumas Buiséad 2023
 Aighneacht Réamh-Bhuiséid RECOMMENDATIONS ..................................................................................................................... 22 Palliative care/nursing homes ....................................................................................................... 23 Mental health ................................................................................................................................. 24 Freedom from exploitation, violence, and abuse and autonomy and integrity 24 RECOMMENDATIONS ..................................................................................................................... 24 Gender-based support .................................................................................................................. 24 Assisted Decision-Making (Capacity) Act 2015 and Decision Support Service ........................... 24 Participation in public and political life ................................................................ 25 RECOMMENDATIONS ..................................................................................................................... 25 Statistics, national implementation, and international cooperation .................. 25 RECOMMENDATIONS ..................................................................................................................... 25 APPENDIX ............................................................................................................... 27 UNCRPD Categorisation ................................................................................................................... 27 Page 6 of 27 Aligning Disability Funding with the United Nations Convention on the Rights of Persons with Disabilities Budget 2023 Pre-Budget Submission INTRODUCTION The Committee welcome the record overall funding of €2.2bn in 2021 for HSE- funded disability support services, an increase of €179m or almost 9% on disability spending in 2020.
The Committee recommend that the Disability Budget in 2023 maintains this funding level standing at around €2.3 billion.1 The Committee believe that the transfer of functions from the Department of Health to the Department of Children, Equality, Disability, Integration and Youth provides a significant opportunity to transition disability services from a medical approach to a social approach where equality, person centred/individualised approach and the UNCRPD can form the basis of delivery.
The Committee recommend that the Department of Health, the HSE and Department of Children, Equality, Disability, Integration and Youth work together to develop a model of funding distribution in line with the UNCRPD and strengthen the link between expenditure and activity across services and service providers, to help improve monitoring and in turn value for money and accountability of person-centred services.
The transformation needed to maximise people with disabilities capacity, independence and quality of life as outlined in the Committees report ‘Ensuring Independent Living and the UNCRPD’, where people with disabilities are no longer viewed as objects to be segregated and institutionalised but instead viewed as subjects like everyone else and included and supported in local communities.2 This transformation will require significant resourcing and funding and the Committee believe that legislative commitment, as recommended in the Committees report, is needed under a domestic right to independent living to deliver this change and enable targeted resources and supports.
The Committee further supports the establishment of a national plan and recommend that this plan is developed in line 1 Department of Health, Disability Action Plan Framework, Review of Disability Social Care Demand and Capacity Requirements to 2032, Available at; 154248_bf984bb8-83d7-4f62-8cd5-fb707acaddc4 (5).pdf 2 Joint Committee on Disability Matters – Ensuring Independent Living and the United Nations Convention on the Rights of Persons with Disabilities – March 2022 (oireachtas.ie) Page 7 of 27 Maoiniú ar Mhíchumas a chomhfhogasú le Coinbhinsiún na Náisiún Aontaithe um Chearta Daoine faoi Mhíchumas Buiséad 2023 Aighneacht Réamh-Bhuiséid with a domestic right to independent living while strengthening other key governance mechanisms as outlined in the Committees report.
The Committee are also aware that the allocation as outlined in the Budget 2022 Expenditure Report3 makes no reference to Universal Design which was a key theme in the Committees Budget 2022 Pre-Budget Submission.4 The Committee believe that Universal Design is a key mechanism to deliver sustainable and accessible services, buildings and wheelchair liveable homes across all sectors.
The Committee note that the current structure of the Disability Participation Consultation Network (DPCN) is not in line with Article 4 (3) of the UNCRPD.5 The Optional Protocol to the UNCRPD, or complaints process when an individual feels their rights have been breached, has also not been ratified.

Budget 2023 needs to ensure that there is funding to develop additional consultation mechanisms to ensure that all public bodies are consulting with people with disabilities on policy that affects them.
The Committee believe that transitioning to a needs-led and rights-based disability services as required by the UNCRPD must include an All of Government response with a key focus on mainstreaming early intervention and responding to unmet need to develop care pathways that work for people with disabilities.

Optional Protocol and general provisions The Optional Protocol (OP) to the UNCRPD has not been ratified.
The UN Special Rapporteur on the Rights of Persons with Disabilities, IHREC and the UN Committee on the Rights of Persons with Disabilities (UN Committee) have called for urgent ratification as Ireland is among the last countries in the EU to ratify the OP.
Under the OP, complaints can be submitted directly to the UN Committee by individuals if they feel that their rights have been violated, and the UN Committee can undertake 3 Department of Public Expenditure and Reform, Budget 2022 Expenditure Report 4 Joint Committee on Disability Matters Aligning Disability Funding with the United Nations Convention on the Rights of Persons with Disabilities - Budget 2022 Pre-Budget Submission - July 2021 - 33/DM/02 (oireachtas.ie) 5 Article 4 – General obligations | United Nations Enable Page 8 of 27 Aligning Disability Funding with the United Nations Convention on the Rights of Persons with Disabilities Budget 2023 Pre-Budget Submission subsequent inquiries.
The Committee believe that the delay in ratifying the OP represents an instance of structural violence where the lack of implementation of a complaint’s mechanism and subsequent accountability, harms people with disabilities by preventing them from meeting their basic rights under the Convention.6 The Committee believe that in the forthcoming budget there is urgent need for increased ambition regarding the ratification of the OP.
The Committee believe that funding strategy needs to move to individualised funding and a needs-led system where an assessment of people’s needs would be undertaken to allow for direct resource allocation to meet the needs of each person.

Those could be personal care needs, social inclusion needs, etc.
The Government must implement the personal budgets pilot to enable a model of delivering disability supports as a personalised budget which has autonomy, independence, and community inclusion for people with disabilities at its core.
Considering the current structure of the DPCN is not in line with Article 4 (3) of the UNCRPD, there is a need for urgent action regarding developing mechanisms for meaningful consultation with people with disabilities, across all groups, in line with the spirit of Article 4 (3).

The three-year Action Plan covering 2022-25 in line with the Disability Action Plan Framework was due to be published by December 2021.

As of time of writing this submission, this plan has not been published.
This plan needs to be published urgently and in line with the HSE’s Roadmap on the Progressing Disability Services (PDS) Model.

Both plans must be meaningfully informed by Disabled Persons Organisations (DPO’s), people with disabilities and their parents and/or carers.

6 Structural Violence - Violence - Wiley Online Library Page 9 of 27 Maoiniú ar Mhíchumas a chomhfhogasú le Coinbhinsiún na Náisiún Aontaithe um Chearta Daoine faoi Mhíchumas Buiséad 2023 Aighneacht Réamh-Bhuiséid RECOMMENDATIONS 1.
Urgent redistribution of funding in Budget 2023 in line with the UNCRPD to deliver better outcomes for people with disabilities, and maximise people’s capacity, independence and quality of life as highlighted by the Disability Capacity Review.7 2.
Equality Budgeting must be developed to deliver CRPD compliant budgeting.8 It is important that Equality Budgeting and future iterations of the National Development Plan (NDP), Rebuilding Ireland Strategy action plans and policies are effectively aligned with the UNCRPD and Universal Design principles.

The Committee recommends that any projects or programmes that are allocated funding under the NDP should be compelled to use the principles of Universal Design.
All Departments must update their budgetary key metrics accordingly and in line with CRPD compliant budgeting.

3.

Budget 2022 and the Expenditure Report does not highlight additional funding for the development of DPOs.

As the DPCN is not a DPO, there is need for the forthcoming budget to commit to funding a national policy and framework on the recognition and consultation of people with disabilities and their DPOs.
This should include funding for additional direct consultation with DPOs until such time that changes can be made to the structure of the DPCN to bring it in line with UNCRPD consultative requirements including; a) provision of increased multi-year funding for DPO’s to strengthen their advocacy and policy work, allow them to engage in accessible and robust internal and external consultations, and ensure they have the financial capacity to engage with multiple public bodies and processes.
b) provision of increased funding for Disability Service Providers and Charities engaged in advocacy work to ensure they have the financial capacity to engage with multiple public bodies and processes.

7 Department of Health, Spending Review 2021 Social Care for People with Disabilities: Trends in Expenditure and Delivery of Services.

8 Disability inclusive or CRPD compliant budgeting?
– Center for Inclusive Policy (inclusive-policy.org) Page 10 of 27 Aligning Disability Funding with the United Nations Convention on the Rights of Persons with Disabilities Budget 2023 Pre-Budget Submission c) funding and resources be made available to self-representative groups of people with disabilities who wish to become DPOs, to enable them to achieve the governance and other standards required, and that, when the criteria for entry on a National Register of DPOs has been finalised, sufficient resources are made available to ensure that genuine organisations have the capacity to meet these criteria.
4.

Urgent funding for a Forum of Organisations and Parents for Children with Disabilities to ensure that the UNCRPD is aligned with legislation regarding children with disabilities and in absence of the DPCN as a DPO and considering lack of establishment of parent’s forums under the PDS model.

5.
5.

Development of the Disability Consultative Forums in line with Article 4 (3) of the UNCRPD and in the absence of the DPCN as a DPO in all Departments and particularly in the Department of Health so that people with disabilities have a meaningful consultative mechanism to participate in strategic change.

6.

Urgent funding for disability awareness and Equality and Human Rights Training for all public sector staff.

7.
7.

In expectation of ratification of the Optional Protocol to the UNCRPD in 2022 ensure funding in Budget 2023 to ensure efficient operation of access to the complaints process and scrutiny of the UN Committee Equality and non-discrimination RECOMMENDATION 8.

Budget 2022 outlined an increased allocation for IHREC to enable it to continue to meet its statutory obligation to protect and promote human rights and equality.
Budget 2023 must include funding to support the expansion of IHRECs role to ensure the foregrounding of the Public Sector Equality and Human Rights Duty in the UNCRPD Implementation Plan and strengthening compliance in Departments in alignment with Equality Budgeting.

Page 11 of 27 Maoiniú ar Mhíchumas a chomhfhogasú le Coinbhinsiún na Náisiún Aontaithe um Chearta Daoine faoi Mhíchumas Buiséad 2023 Aighneacht Réamh-Bhuiséid Accessibility RECOMMENDATIONS All of Government National Plan for Accessibility 9.
The Committee recommended in their recent report the development for an All of Government National Plan for Accessibility and monitoring framework to ensure full inclusion, in consultation with people with disabilities and their DPOs and agree annual targets across all the sectors.

Budget 2023 must ensure funding for All of Government accessibility for people with disabilities in line with the UNCRPD.

Built environment 10.


The UNCRPD sets out Universal Design as a key strategy for the design and development of products, services, ICT, and buildings that are accessible and usable to the widest range of users possible regardless of age, size, disability, or ability.

The Expenditure Report for Budget 2022 does not highlight how Universal Design will be used as a key strategy and there is a need in Budget 2023 to highlight how capital investment can be aligned with Universal Design principals.

11.
11.

Additional funding for Housing Adaptation Grants, alongside a review of current retrospective 'draw-down' processes for these grants to ascertain whether upfront payment for successful applicants may result in more people being able to remain in their homes, including; a) increasing the maximum grant in line with increased building costs b) increasing the income threshold in line with recent social welfare scheme increases 12.
Additional funding is made available to enable Local Authorities to provide at least one fully accessible toilet including changing place toilet facilities, available 24 hours a day, in publicly accessible buildings in their area of responsibility.

A complete and accessible list of fully accessible public toilets, including changing place facilities, should be published enabling people with disabilities to plan their journeys.
Page 12 of 27 Aligning Disability Funding with the United Nations Convention on the Rights of Persons with Disabilities Budget 2023 Pre-Budget Submission Transport 13.

There are challenges in accessing funding for School Transport including barriers to drawing down the grant in Department of Education.

There is a need to simplify the process for accessing support for transport cost and developing relevant guidance.
School Transport must be allocated additional funding to deal with these challenges, including increasing grant amounts on foot of the ever-increasing fuel costs.

Budget 2023 needs to fund additional measures to support children who must travel to school outside their local area until such times as places become available for them.

14.
14.

The increased output targets for 2021 and 2022 under Equality Budgeting objectives and performance indicators for the Department of Transport in the Number of Wheelchair Accessible Vehicle (WAVs) in the taxi fleet and the number of Wheelchair accessible Small Public Service Vehicles (SPSV) (taxis) are important.
Funding needs to be continued to increase the number of wheelchair taxis available in line with demand and taking into consideration demand in the HSE to contract out wheelchair accessible taxis.

Budget 2023 must develop additional measures to deal with additional cost that people with disabilities experience accessing transport.
15.Additional funding must be allocated in Budget 2023 to finalise and introduce a comprehensive needs-led Transport Support Scheme (to replace the Mobility Allowance and Motorised Transport Grant) as a matter of priority and to reinstate the Primary Medical Cert (PMC) process.

16.

Funding must be allocated for finalising upgrades on lifts and alternatives must be provided if lifts are not working in a station.
Department of Transport and the NTA must radically strengthen their ambition and set a target date to eliminate the practice of requiring people with disabilities to ring ahead to access transport services.

Page 13 of 27 Maoiniú ar Mhíchumas a chomhfhogasú le Coinbhinsiún na Náisiún Aontaithe um Chearta Daoine faoi Mhíchumas Buiséad 2023 Aighneacht Réamh-Bhuiséid Independent and adequate standard of living and social protection RECOMMENDATIONS Universal Design, planning, and housing delivery 17.
The housing capital programme under Budget 2022 outlines increased capital funding to support specific categories of need including €65 million to undertake 11,000 grants to adapt the homes of older people and people with a disability.
Additional funding for people with disabilities must be allocated under Budget 2023 to expand the Housing Adaptation Grant to enable; (a) independent and accessible living for individuals who choose to live with their own family or opt for long term placement with another family (b) individuals to access the grant as an individual without the rest of the ‐ household income being included as part of the means test 18.
Budget 2022 includes allocation of €95 million for increased provision under the Social Housing Current Expenditure Programme to support 5,750 new social homes in 2022.

Budget 2023 must allocate funding to ensure Universal Design is being incorporated in housing delivery and provide additional targeted funding to ensure that 7.5% of all new social housing, and affordable housing must be for people with disabilities as well as delivering innovative supported housing options.

19.
19.

Funding must be allocated for the Centre of Excellence in Universal Design (CEUD) at the NDA to support the implementation of Universal Design.
CEUD needs to be developed and expanded in consultation with people with disabilities to become an independent monitoring body of the accessibility of the built environment, together with the establishment of a new enforcement mechanism with dedicated funding to ensure compliance at Local Authority level with Part M of the Building Regulations along with mandatory building inspection.

20.
20.

Budget 2022 allocated €225 million and an additional €32million to support the local government sector in providing a range of essential services at local level.
Budget 2023 funding allocation must include a requirement for Local Authorities to Page 14 of 27 Aligning Disability Funding with the United Nations Convention on the Rights of Persons with Disabilities Budget 2023 Pre-Budget Submission ensure that accessibility and Universal Design Thinking underpin the built environment and information provision at all stages of the planning process and align with the UNCRPD.

Independent living 21.


The Committee recommend the elimination of placing people with disabilities in congregated settings.

Budget 2022 supported the decongregation programme with additional revenue funding of €5 million.

In its recent report the Committee highlighted how the decongregation process is transitioning people with disabilities from larger congregated settings to smaller congregated settings without choice about where and with who to live.
This is not in line with Article 19 of the UNCRPD.9 22.

The Equality Budgeting objectives and performance indicators regarding decongregation in the Revised Estimates for the Department of Health are welcomed.

The indicator tracking the percentage of people with disabilities living in community-based residential placements needs to be developed to accurately track decongregation process in line with Article 19, and as highlighted above.

23.
23.

The Committee recommended a right to independent living be established in domestic law in their recent report, to ensure that people with disabilities have a right to independent living as well as appropriate community inclusive accommodation and adequate supports.
Additional funding must be allocated for this right including funding; a) for the development of a national plan for the realisation of this right including support for agencies to re-configure their services to support the right to independent living b) to ensure that the people who remain in congregated settings, including those individuals who have been moved to smaller congregated settings, are given a choice of where they want to live, in consultation with family and supporters.
9 Article 19 – Living independently and being included in the community | United Nations Enable Page 15 of 27 Maoiniú ar Mhíchumas a chomhfhogasú le Coinbhinsiún na Náisiún Aontaithe um Chearta Daoine faoi Mhíchumas Buiséad 2023 Aighneacht Réamh-Bhuiséid Additional congregated settings 24.
The HSE must undertake a review of other large residential settings for people with disabilities including residential centres for people with Autism, and Intentional Communities, as recommended by the Working Group under the Time to Move on from Congregated Settings report.
There is a need to develop appropriate pathways to ensure these individuals can access the same levels of community based support and inclusion being proposed for residents of congregated settings and that a clear ‐ pathway for exiting such scheme is explained and made available to those who wish to exit.

25.
25.

Funding must be allocated for a programme for the number of people with disabilities still living in mental health settings and their accommodation and support needs as recommended in Time to Move on from Congregated Settings.

Homelessness 26.

Budget 2022 allocates funding of €194 million for the delivery of homeless services.

Budget 2023 must ensure targeted funding to identify and address disability under homeless services along with funding for disability awareness training for staff.
Census 2016 revealed a quarter of homeless people (1,871 people) had at least one disability.

27.

Budget 2023 must support the establishment or retrofitting of accessible emergency accommodation.

Disability allowance 28.
In its Pre-Budget Submission 2022, the Committee recommended that a cost of disability payment is introduced to ensure the same standard of living for people with disabilities as non-disabled people and ensure alignment with Article 28 of the UNCRPD.10 This would ensure that the welfare support for people with disabilities would include the cost of disability, which is estimated to be between €9,482 and €11,734 per annum as outlined in the Department of Social Protections Cost of Disability report.11 The Committee recommend that this is incorporated into Budget 10 Article 28 – Adequate standard of living and social protection | United Nations Enable 11 Department of Social Protection, Cost of Disability report, pp.
xvii.

Available here; gov.ie - The Cost of Disability in Ireland – Research Report (www.gov.ie) Page 16 of 27 Aligning Disability Funding with the United Nations Convention on the Rights of Persons with Disabilities Budget 2023 Pre-Budget Submission 2023 as a new dynamic disability payment which encourages participation in society without the risk of losing payments.

29.
29.

In Budget 2022 the Department of Social Protection introduced an increase to the upper earnings disregards for both its Disability Allowance and Blind Pension.

Budget 2023 must consider increasing earnings disregard considering the cost of disability.

Medical cards 30.

Budget 2023 must consider the challenges caused by the interaction between primary and secondary social welfare supports.

31.
31.

Targeted funding must be allocated to support the cost of prosthetics and their replacement and maintenance needs to be considered as well as the need to introduce entitlement to medical cards on a mandatory basis for amputees.

32.

Budget 2023 must examine the Medical Card means testing criteria as a significant majority of those diagnosed with chronic or long illnesses will continue to work and contribute to the wider community.
The exclusion from the Medical Card Scheme and resultant costs is causing a great deal of stress and medical poverty.

Artists Basic Income 33.

The basic income for artists pilot is welcome.

Budget 2023 needs to consider how issues regarding the interaction between the new pilot payment and existing payments will be addressed in conjunction with other relevant Departments.

Family Carers 34.
Family Carers 34.

In their Pre-Budget Submission for 2022 the Committee recommended that all relevant family carer payments, such as the Carer's Allowance and Domiciliary Care Allowance are reviewed to ensure that family carers are not placed at undue risk of consistent poverty.

Budget 2022, the first in 14 years, introduced changes to the means test that applies to carers so that thousands more can avail of Carer’s Allowance.
Budget 2023 must provide additional funding for the weekly income disregard for Carer’s Allowance to be increased by €100 for single carers and €150 per week for a couple.

Page 17 of 27 Maoiniú ar Mhíchumas a chomhfhogasú le Coinbhinsiún na Náisiún Aontaithe um Chearta Daoine faoi Mhíchumas Buiséad 2023 Aighneacht Réamh-Bhuiséid Homecare and personal assistance 35.

The Committee are aware that there is a significant gap in demand versus supply regarding Personal Assistance Service (PAS).
Lack of access to the service is a significant barrier to independent living, education, and employment for an individual but there is also a significant impact on the family.

Budget 2023 must address these aspects of PAS development in Ireland.

36.

An increase to €96 million for PAS per annum is needed to meet the need of people with disabilities to live independent lives as highlighted by Independent Living Movement Ireland.
Budget 2023 must ensure funding to enable people with disabilities live independent lives and current pathways to accessing Personal Assistance in Ireland be expanded, with a view to establishing an appropriately funded and standardised national statutory Personal Assistance system in keeping with Article 19 of the UNCRPD.

The personalised budgets demonstration project must be funded to ensure the timely development of a national service framework for personalised budgets.

37.
37.

Funding to consider whether the PAS pilot be extended to children.

Funding must also be provided for resourcing and provision at service provider level to enable capacity to be extended.

This must be undertaken with the provision of additional funding for recruitment for PAS in general.

38.
38.

Funding must be made available to ensure that the statutory entitlement to homecare can be urgently introduced, along with comprehensive regulation of the homecare sector and that the number of people receiving home support and the number of home support hours per person can be increased.

Page 18 of 27 Aligning Disability Funding with the United Nations Convention on the Rights of Persons with Disabilities Budget 2023 Pre-Budget Submission Education and employment RECOMMENDATIONS 39.
Funding must be targeted to address the lack of school places and develop the transition for children with special educational needs between primary and secondary school.

40.

Funding must be allocated to accelerate the roll out of ASD classes and SNA supports in all schools.

This will mitigate the risk of disabled students being refused based on lack of resources.
Financing for SEN supports, and staff must also be ring- fenced from the general school budget, and that a top-up fund for general education staffing shortages should be made (available upon application) to address current practices of SEN specific staff being reallocated to cover general staffing shortages - exacerbated by Covid-19 staff absences - at the expense of those students requiring SEN support.

41.

Home schooling must be funded to ensure access for children with disabilities where required.

42.
42.

Department of Education must develop a plan for the July Summer Provision including how it can be developed as a standard and ensure all children who want access to the programme can access it.

This plan must include additional measures to use any unspent budget allocation for additional programmes for children who cannot access the July Summer provision.

43.

Provision be made in Budget 2023 to ensure all students have access to appropriate assistive technology (such as AAC devices) as required.
44.

Funding the Department of Further and Higher Education, Research, Innovation and Science to expand its role as the model of rights-based service provision to enable transition between educational services.

45.
45.

The Reasonable Accommodation Fund is sufficiently resourced so that all complete applications may be granted and that it is available to all people who need support in access, and that the operation of the Fund be reviewed in line with the Page 19 of 27 Maoiniú ar Mhíchumas a chomhfhogasú le Coinbhinsiún na Náisiún Aontaithe um Chearta Daoine faoi Mhíchumas Buiséad 2023 Aighneacht Réamh-Bhuiséid findings of the recent public consultation.
Access to the Reasonable Accommodation Fund must be extended to those post-secondary educational institutions currently exempt from providing reasonable accommodations on financial grounds, or that an equivalent fund be established, to ensure that disabled students can access all forms of post-primary education to an equal standard, and that their educational options are not limited by considerations of accessibility.

46.
46.

An upwards adjustment in the income disregard for those people with disabilities engaged in employment, a relaxation on the time limit placed on people with disabilities as regards engagement with employment support services and sufficient budgeting for PAS.

47.

Budget 2023 must provide additional funding to the Rural Social Scheme (RSS) to develop it as a model for employment for people with disabilities that pays people for the job, while also ensuring inclusion within communities.
The social farming model could be redeveloped in line with this model.

Health and life RECOMMENDATIONS 48.
IGEES highlight in their ‘Spending Review 2021 Social Care for People with Disabilities: Trends in Expenditure and Delivery of Services’ that more than 80% (over €1.3bn) of the expenditure in disability services in 2018 was on residential and day care, and that opportunities exist to strengthen the link between expenditure and activity across services and service providers, to help improve monitoring and in turn cost-effectiveness and value for money.12 The Committee are of the view that funding strategy and governance in disability services needs to be strengthened in this way.
12 IGEES, Spending Review 2021 Social Care for People with Disabilities: Trends in Expenditure and Delivery of Services.

Available here; 204304_8705b33b-6972-4df3-b558-9cbdefa0b037 (1).pdf Page 20 of 27 Aligning Disability Funding with the United Nations Convention on the Rights of Persons with Disabilities Budget 2023 Pre-Budget Submission 49.
Continue to fund multi annual investment planning to respond to demography and changing population health need based on community centred services including unmet need in Community Healthcare Organisations (CHOs).

50.

Target additional funding for the transition to a rights-based personalised budget model and management information system that reflects aggregated cost across housing, personal assistant, and home support hours enabling individualised funding that follows the user.
This must be funded in conjunction with the development of a single standard assessment tool for people for disabilities which can be used whether somebody is being assessed in hospital or within the community.

51.

The Committee welcome the focus in Budget 2022 on the €31 million in funding for Women’s Health but selected measures for this funding in the Expenditure Report do not specifically target women with disabilities.
The Committee recommend that further targeted funding is provided in Budget 2023 for women with disabilities to ensure equality in access to health services.

52.

Budget 2023 must include a focus on how Sláintecare will ensure people with disabilities and particularly women with disabilities have access to mainstream services under this programme.

Funding must be targeted accordingly.

53.


Publish the three-year Action Plan covering 2022-25 and the PDS roadmap to deliver meaningful systems change in consultation with DPOs and people with disabilities.

Both plans must include provision for collaboration across Departments and agencies to tackle unmet need and elimination of wait lists (outlined above).

54.
54.

Funding recommendations in the Disability Capacity Review report, and the Cost of Disability report commissioned in 2019 by Government on a departmental basis Children’s Disability Services The Committee received a significant amount of correspondence from parents reflecting a decline in service levels since the roll out of the Progressing Disability Services for Young People and Children (PDS model).
The Committee are concerned about the significant negative impact on children with disabilities through Page 21 of 27 Maoiniú ar Mhíchumas a chomhfhogasú le Coinbhinsiún na Náisiún Aontaithe um Chearta Daoine faoi Mhíchumas Buiséad 2023 Aighneacht Réamh-Bhuiséid the lack of early intervention and because of the disruption and regression caused by inconsistent implementation across health and education services.
The Committee are aware that this is significantly impacting early intervention outcomes and pushing accelerated costs to adult services, for example education and social integration services.
At the Committees meeting on 2 June 2022, Minister Rabbitte and the HSE acknowledged that the new PDS model has failed families and children in Ireland who are on waiting lists and not receiving early intervention.13 However, the HSE also acknowledged that the model is working for children who are receiving the service and that through the roll out of the new model, children who had previously been outside the system were now included on waiting lists.
Both Minister Rabbitte and the HSE reflected their commitment to the reform of the model, strengthened collaboration and development of a PDS roadmap for delivery of this reform.

The Committee believe that there is urgent need in Budget 2023 to ensure full resourcing of the PDS model to meet the demographic demand and unmet need as highlighted in the Disability Capacity Review along with additional innovative measures to reform the HSEs recruitment model.

RECOMMENDATIONS 55.
RECOMMENDATIONS 55.

The Department of Health and HSE, Department of Children, Equality, Disability, Integration and Youth and Department of Education must work together and redesign a service that delivers early intervention and improved quality of life outcomes for families and children with disabilities across health and education.

This model must target regression across sectors and include July Summer provision and tackle reduced timetables.

56.
56.

There is a need to provide targeted funding to ensure that people with disabilities especially children do not have to wait to access a wheelchair or get existing wheelchair fixed.

13 Joint Committee on Disability Matters debate - Thursday, 2 Jun 2022 (oireachtas.ie) Page 22 of 27 Aligning Disability Funding with the United Nations Convention on the Rights of Persons with Disabilities Budget 2023 Pre-Budget Submission 57.
The PDS model must continue to be fully funded and dedicated year-on-year investment in the 91 Children Disability Network Teams (CDNT’s) must be allocated to achieve fully resourced CDNT’s to support early intervention between years 0-5.
This must include funding for; a) developing HSE workforce planning and new recruitment operating model to forecast the scale of recruitment b) additional measures to develop therapist’s role and career progression c) continuation of ensuring that on site services that are currently in place in schools are keep on site d) any outstanding overdue Assessment of Needs (AON) are completed and to eliminate the development of any further waiting lists and meet the statutory obligations of the AON process under the Disability Act 2005 e) access to respite and additional funding is made available for additional respite facilities and respite nights for families on wait lists and particular for children with complex needs Palliative care/nursing homes 58.
The Committee welcome that the HSE’s National Service Plan 2022 prioritises the return of palliative care services to pre-pandemic levels and the implementation of the recommendations in the review of clinical governance and operational arrangements for end-of-life care for children in the community.14 However, there is a need for Budget 2023 to immediately strengthen end-of-life care and nursing support for children with complex disabilities and increase funding in this area so that families who need this service can access it.
59.

The Committee recommended the elimination of placing people with disabilities in congregated settings in its recent report.

The Committee recommended in its Budget 2022 Pre-Budget Submission that funding is made urgently available to implement the recommendations as called for by the Ombudsman on foot of his investigation into young people residing in nursing homes, especially an overarching policy framework to remedy the situation of people under 65 in nursing homes 14 HSE National Service Plan 2022.
Available at; https://www.hse.ie/eng/services/publications/serviceplans/hse-national-service-plan-2022.pdf Page 23 of 27 Maoiniú ar Mhíchumas a chomhfhogasú le Coinbhinsiún na Náisiún Aontaithe um Chearta Daoine faoi Mhíchumas Buiséad 2023 Aighneacht Réamh-Bhuiséid including developing the Fair Deal scheme so that it includes an exit mechanism to exit the scheme.

Mental health 60.
Mental health 60.

Budget 2022 outlines the provision of €24 million for new development funding within mental health aimed at prioritising early interventions and improving access to person-centred mental health services, including provision for the recruitment of over 260 additional posts in Mental Health services.
Additional funding must be targeted in Budget 2023 to ensure full capacity of teams as outlined under the ‘Mental Health Services for Adults with Intellectual Disabilities: National Model of Service’ and targeting unmet for these services.

Freedom from exploitation, violence, and abuse and autonomy and integrity RECOMMENDATIONS Gender-based support 61.

There is a need for the immediate allocation of funding to gender-based support services to make them accessible.
This is particularly urgent in the case of gender- based violence support services which are widely inaccessible, and which do not have the necessary funding to address this need.

The Committee further recommend that specific funding is made available to DPOs, with particular focus on DPOs of women and girls, and women's groups within existing DPOs, to produce guidance and policy relating to the contributory and protective factors for gender- based violence against people with disabilities.
Assisted Decision-Making (Capacity) Act 2015 and Decision Support Service 62.

Funding must be allocated to ensure the full commencement and implementation of the Assisted Decision-Making (Capacity) Act 2015 along with funding to ensure the commencement and operation of the Decision Support Service.

63.
Funding must also be provided to DPOs to undertake training, the production of informational materials and other related tasks to ensure that they can support their Page 24 of 27 Aligning Disability Funding with the United Nations Convention on the Rights of Persons with Disabilities Budget 2023 Pre-Budget Submission members in understanding and accessing their rights under the Act and in accessing the Decision Support Service, and that adequate resources are also made available to the National Advocacy Service for People with Disabilities to ensure that they are able to meaningfully fulfil their remit in this regard.
Participation in public and political life RECOMMENDATIONS 64.

The Committee recommend that funding is allocated to pilot a scheme to support disabled candidates to stand for election at all levels of public office, modelled on the UK’s Access to Elected Office Fund.

65.

Budget 2023 must incorporate measures under the Department of Housing, Local Government and Heritage Vote to increase access for people with disabilities to vote.
People with disabilities participation in society must begin at the polling station.

Statistics, national implementation, and international cooperation RECOMMENDATIONS 66.

In its Budget 2022 Pre Budget-Submission, the Committee recommended the immediate allocation of funding for improved data collection and disaggregation.
The Budget 2022 Expenditure Report highlights that funding provided reflects the Government’s commitment to sustaining the Central Statistics Office’s (CSO) capacity to deliver its Annual Statistical Work Programme and associated statistical and service supports to the wider Civil and Public Sector on data management and integration as well as responding to the increasing demand for high quality outputs and services in official statistics.
Budget 2023 must ensure that funding is targeted Page 25 of 27 Maoiniú ar Mhíchumas a chomhfhogasú le Coinbhinsiún na Náisiún Aontaithe um Chearta Daoine faoi Mhíchumas Buiséad 2023 Aighneacht Réamh-Bhuiséid for ensuring that CSO data is aligned with the UNCRPD particularly Article 3115 to enable improved data collection and disaggregation and funding a data disaggregation action plan including how CSO data from the survey on income and living conditions (SILC) will be disaggregated.

67.
67.

There is need for further funding for improved data collection and disaggregation, to enable parameters used to capture this information to be reviewed in conjunction with DPOs to ensure adequacy and completeness.

68.
68.

Further funding allocation is needed to improve data collection and disaggregation on gender, sexual, racial, and ethnic identities to ensure adequate full and robust data collection which allows meaningful action to be taken in complying with General Comment 7 of the UNCRPD.16 15 Article 31 – Statistics and data collection | United Nations Enable 16 General comment No.
7 (2018) on the participation of persons with disabilities, including children with disabilities, through their representative organizations, in the implementation and monitoring of the Convention Page 26 of 27 Aligning Disability Funding with the United Nations Convention on the Rights of Persons with Disabilities Budget 2023 Pre-Budget Submission APPENDIX UNCRPD Categorisation Categorisation Articles General provisions of the Convention Articles 1–4 Equality and non-discrimination Article 5 Accessibility Articles 9, 21, 30 Independent and adequate standard of living and social Articles 19, 20, 26, 28 protection Employment Education Article 27 Articles 7, 24 Health and life Articles 10, 23, 25 Freedom from exploitation, violence, and abuse Articles 6, 16 Autonomy and integrity Articles 12, 14, 15, 17 Participation in political and public life Article 29 Statistics, national implementation, and international Article 31, 32, 33 cooperation Page 27 of 27 Houses of the Oireachtas Leinster House Kildare Street Dublin 2 D02 XR20 www.oireachtas.ie Tel: +353 (0)1 6183000 or 076 1001700 Twitter: @OireachtasNews Connect with us Download our App