From Department of Children, Equality, Disability, Integration and Youth
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On 26th January Minister Rabbitte will personally attend Working Group session to examine accessible transport for people with disabilities, including a priority review of the Disabled Drivers & Disabled Passenger’s Scheme
The Minister of State with Special Responsibility for Disability, Anne Rabbitte T.D., today announced her intention to Chair an inter-departmental group to examine the issues of accessible transport for persons with disabilities and to progress a review of the Disabled Drivers and Disabled Passengers Scheme as a matter of priority.
Following engagement in 2020 between Minister of Finance Paschal Donohoe T.D. and Minister for Children, Equality, Disability, Integration and Youth Roderic O’Gorman T.D., it was decided to use an existing interdepartmental group established under the National Disability Inclusion Strategy to commence a review of the Scheme, and assess proposals relating to other schemes such as the Mobility Allowance and Motorised Transport Grant.
The Transport Working Group was established to drive Action 104 of the Strategy in 2020 but its work was paused to prioritise initial responses to the pandemic, while the work of the main NDIS Steering Group continued.
Minister Rabbitte will re-convene the Transport Group on the 26th of January and looks forward to working with all relevant parties and delivering better outcomes for persons with disabilities.
Commenting on the upcoming meeting Minister Rabbitte said:
"We know that there are transport challenges for people with disabilities in this country and I am determined to do everything possible to address those challenges and to break down any barrier to independent living and equal participation in society. That is my clear focus as Minister and it is the work of everyone who is involved in the NDIS.
"I know that there are immediate issues with the Disabled Drivers and Passenger Scheme and this will be our clear focus for the Transport Group’s first meeting I have directed, as well as discussing further options that can considered regarding the Mobility Allowance and Motorised Transport Grant, which falls under my remit.
"I wish to thank my colleagues Minister Donohoe and Minister O’Gorman for their engagement on the issue of Disabled Drivers and Passenger Scheme, and in particular for recognising the value in a whole-of-government response to transport challenges. There has already been contact between the Department of Finance and the Department of Children, Equality, Disability, Integration and Youth and I am aware that the Department of Finance is already critically examining the Scheme and that Minister Donohoe specifically sought a whole-of-government vehicle for reviewing the Scheme via the NDIS.
"I look forward to making real progress and to developing real solutions for people with disabilities.
Disability Strategies:
Ireland currently has two whole-of-government strategies in place, the National Disability Inclusion Strategy and the Comprehensive Employment Strategy for People with Disabilities. These include important measures to support people with disabilities in all aspects of their lives.
The National Disability Inclusion Strategy is the key framework for policy and action to address the needs of persons with disabilities in Ireland. It takes a whole-of-government perspective to disability issues and seeks to coordinate actions across departments and agencies to advance the rights of persons with disabilities in line with UNCRPD, and to coordinate material actions to remove barriers to independent living and participation in society.
The Strategy is overseen by a Steering Group chaired by Minister Rabbitte and a number of sub-groups exist to progress specific actions.
Transport Working Group:
Action 104 of the National Disability Inclusion Strategy (NDIS) commits that ‘we will lead a review of transport supports encompassing all Government funded transport and mobility schemes for people with disabilities, to enhance the options for transport to work or employment supports for people with disabilities and will develop proposals for development of a coordinated plan for such provision. This plan will have regard to making the most efficient use of available transport resources.’
Following the transfer of functions from the Department of Justice and Equality to this Department, the Department of Children Equality, Disability, Integration and Youth now coordinates progress on this action, supported by the National Disability Authority.
In order to progress Action 104 a Transport Working Group was established. The Group’s membership is made up of relevant Government Departments and state agencies including the National Disability Authority and the National Transport Authority. The group met in March 2020 to discuss Terms of Reference and its work plan. However, following the emergence of COVID-19 the work of the group was paused to allow officials to focus on responding to the pandemic.
The purpose of the review is to enhance the transport options that are available to people with disabilities to support greater independent living and for the purposes of accessing employment.
The Disabled Drivers & Disabled Passengers Scheme:
The Disabled Drivers & Disabled Passengers Scheme provides relief from VRT and VAT on the purchase and use of an adapted car, as well as an exemption from motor tax and an annual fuel grant. To qualify for the Scheme an applicant must be in possession of a Primary Medical Certificate. The PMC is issued by the relevant Senior Medical Officer in the HSE, or failing that an appeal may be made to the Disabled Drivers Medical Board of Appeal.
The Minister has no role in relation to the granting or refusal of PMCs and the HSE and the Medical Board of Appeal must be independent in their clinical determinations.
To qualify for a Primary Medical Certificate an applicant must be permanently and severely disabled, and satisfy at least one of six medical criteria, in order to obtain a Primary Medical Certificate.
The medical criteria were included in the Finance Act 2020, by way of amendment to Section 92 of the Finance Act 1989. This amendment arises from legal advice in light of the June 2020 Supreme Court judgement that the medical criteria in secondary legislation was not deemed to be invalid, nevertheless it was found to be inconsistent with the mandate provided in Section 92 of the Finance Act 1989 (primary legislation).