The Irish Legal Context

Disability Act 2005

What does this law do?

The Disability Act 2005 is a positive action measure designed to advance and underpin the participation of people with disabilities in everyday life. It establishes a statutory basis for -

  • an independent assessment of individual health (including personal social services) needs and, where appropriate, educational services for persons with disabilities over age 18 years, a related service statement and access to complaints, appeals and enforcement mechanisms, where entitlements are not delivered.
  • access to mainstream public services and actions to support access to public buildings, services and information.
  • sectoral plans to be prepared and published in six key sectors - by the Ministers for Health and Children, Social and Family Affairs, the Environment, Heritage and Local Government; Communications, Marine and Natural Resources and Enterprise, Trade and Employment. The plans will set out the disability related services and positive actions measures to be implemented and will be the subject of a consultation process before being finalised and submitted to the Oireachtas for approval.
  • safeguards for the use of information obtained from genetic testing to ensure that persons affected by genetic disorders are not subjected to unreasonable requirements from an employer, insurer or mortgage provider.
  • obligations on public bodies to be proactive in employing people with disabilities and the monitoring of compliance with those obligations.
  • the establishment of a Centre for Excellence in Universal Design in the National Disability Authority to promote best practice in the design of the environment and products so that they are accessible and usable for everyone, especially people with disabilities.
  • other provisions including amendment of the Broadcasting Act 2001 in relation to rules to facilitate access to broadcast programmes by persons with sensory impairments and a reduction in the membership of the National Disability Authority.

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