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DISABILITY AND THE ROLE OF THE LOCAL AUTHORITY
National Disability Act 2005
The National Disability Act 2005 is a positive action measure, which provides a statutory basis for accessible public services. Sections 26, 27 and 28 of the Act place obligations on public bodies to make their services and information accessible to people with disabilities. Under the National Disability Act 2005 Local Authorities must consider how its services provided impact on people with disabilities and to assess the impact of these services against:
- Access to Quality Customer Services;
- Access to the Built Environment;
- Access to services delivered via Information and Communication Technology.
Who will benefit from these provisions?
This Disability Act is designed to improve access to public services for persons with disabilities. The term disability for the purposes of sections 26, 27 and 28 of the Act is defined in section 2 of the Act, i.e.: “in relation to a person, means a substantial restriction in the capacity of the person to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment”.
What services are covered?
The code is relevant to a service which comes within the definition of services in section 2 of the Act. It therefore covers a wide range of services provided by public bodies and includes services and facilities that are available to the public generally or a particular section of the public. This includes-
- • the use of any place or amenity owned, managed or controlled by a public body;
- • the provision of information or an information resource or a scheme or an allowance or other benefit admin is tered by a public body,
- • any cultural or heritage services provided by such a body,
- • and any service provided by a court or other tribunal.
Part 3 of the Disability Act, 2005, places significant responsibilities on public bodies to make their services accessible to people with disabilities, viz:
- • Under section 26 public bodies are required, where practicable and appropriate, to ensure that their services are accessible for people with disabilities by providing integrated access. That means ensuring, as far as practicable, that people with disabilities can access public services along with other citizens.
- • Under section 27 public bodies are required to ensure that the goods or services that they purchase are accessible, unless it would not be practicable or justifiable on cost grounds or would result in an unreasonable delay.
- • Under section 28, communications by a public body to a person with a hearing or visual impairment must, as far as practicable, be provided in an accessible format, following a request. Information provided electronically must, as far as practicable, be compatible with adaptive technology. Published information, relevant to persons with intellectual disabilities, must be made available in easy to read formats
Outline Sectoral Plan - View the document - sectoral plan
Each local authority must prepare an implementation plan in compliance with the Outline Sectoral Plan of the Department of the Environment, Heritage & Local Government. The Key features of the Outline Sectoral Plan include:
• It sets out national objectives and guidelines for access to public buildings, public spaces and services owned and operated by local authorities
• It outlines the building code (Building Control Act, Building Regulations, and Technical Guidance Document M) insofar as it affects people with disabilities, including enforcement measures and a complaints procedure
• It sets out national objectives and guidelines for improved access to heritage sites, including national monuments, national parks and nature reserves
• Local authorities will carry out accessibility audits of their buildings, facilities, services, information and will prepare implementation plans to make all of these as fully accessible as possible within time limits
• Local authorities will arrange disability awareness training for personnel officers, building control officers, engineers, access officers, disability liaison officers and other staff of local authorities responsible for the implementation of the Disability Act and the Sectoral Plan.
• Each local authority will monitor and progress in implementing its implementation plan and its compliance with the Sectoral Plan
Other key features of the plan of the Sectoral Plan include the requirement to consult with organisations representing persons with disabilities when carrying out their accessibility audits and when drawing up implementation plans. A Disability Advisory Group has been established by Galway County Council for this purpose.
Implementation Plan - View the document
An Implementation Plan for Galway County Council addressing the following issues has been prepared:
• Built Environment Accessibility
• Access to and provision of Information
• Information & Communications Technology
• Employment
• Customer Care and Complaints
• Training & Awareness
• Compliance and Reporting
• Policy and Procurement
Disability Action Plan
(pdf, 2,970 kbs, Last Updated: )
