Disability Act 2005

• (e) such other matters (if any) as the Minister considers appropriate.

• (2) A plan referred to in subsection (1) shall provide for appropriate co-operation by the Minister with the Minister for Social and Family Affairs and the Minister for Enterprise, Trade and Employment (“the two Ministers”) in relation to the development and co-ordination of services provided by the two Ministers for persons with disabilities and related to the services referred to in subsection (1).

32A. F11[Sectoral plan of Minister for Children, Equality, Disability, Integration and Youth]

F11[32A.—(1) A sectoral plan prepared by the Minister for Children, Equality, Disability, Integration and Youth (‘the Minister’) shall contain information concerning—

• (a) specialist community-based disability services,

• (b) the proposed arrangements for the implementation of Part 2,

• (c) arrangements for cooperation by the Executive with housing authorities in relation to the development and co-ordination of the services provided by housing authorities for persons with disabilities, and

• (d) such other matters (if any) as the Minister considers appropriate.

• (2) A plan referred to in subsection (1) shall provide for appropriate co‑operation by the Minister with the Minister for Health, the Minister for Social Protection and the Minister for Enterprise, Trade and Employment ("the three Ministers") in relation to the development and co-ordination of services provided by the three Ministers for persons with disabilities and related to the services referred to in subsection (1).

• (3) In this section, "specialist community-based disability services" has the same meaning as it has in the Health Act 2004.]

33. Sectoral plan of Minister for Social and Family Affairs.

33.—(1) A sectoral plan prepared by the Minister for Social and Family Affairs (“the Minister”) shall contain information concerning—

• (a) the criteria governing the eligibility of persons with disabilities for payments under the Social Welfare Acts and the amounts of such payments,

• (b) the information, advice and advocacy services and sign language interpretation services provided or arranged to be provided to those persons by Comhairle,

• (c) any other services provided by or on behalf of the Minister which the Minister considers appropriate, and

• (d) such other matters (if any) as the Minister considers appropriate.

• (2) A plan referred to in subsection (1) shall provide for appropriate co-operation by the Minister with the Minister for Enterprise, Trade and Employment and the Minister for Health and Children (“the two Ministers”) in relation to the development and co-ordination of services provided by the two Ministers for persons with disabilities and related to the services referred to in subsection (1).

34. Sectoral plan of Minister for Transport.

34.—A sectoral plan of the Minister for Transport (“the Minister”) shall contain information concerning—

• (a) a programme of projected measures for the provision of access to persons with disabilities to passenger transport services for the general public provided by the Minister or by a public body in relation to which he or she performs functions or by a person or body licensed or regulated by the Minister,

• (b) measures to be taken for the purpose of facilitating access by persons with disabilities to such services and the time within which such measures are to be taken,

• (c) arrangements proposed to be put in place by the Minister and the Minister for the Environment, Heritage and Local Government to facilitate access to the vehicles providing the passenger transport services by such persons from a public road, and

• (d) any other matter which the Minister considers appropriate.

35. Sectoral plan of Minister for Communications, Marine and Natural Resources.

35.—(1) A sectoral plan prepared by the Minister for Communications, Marine and Natural Resources shall contain information concerning—

• (a) measures to be taken by the operators of passenger ships for the purpose of facilitating access by persons with disabilities to marine passenger transport services provided by them and the time within which the measures are to be taken,

• (b) measures to be taken by the bodies responsible for the control and operation of specified ports and harbours for the purpose of facilitating access by those persons to places therein where such services originate or terminate in and the time within which such measures are to be taken, and

• (c) any other matter which the Minister considers appropriate.

• (2) In this section “passenger ships” means passenger ships within the meaning of the Merchant Shipping Act 1992 and passenger steamers within the meaning of the Merchant Shipping (Safety Convention) Act 1952.

36. Sectoral plan of Minister for the Environment, Heritage and Local Government.

36.—(1) A sectoral plan prepared by the Minister for the Environment, Heritage and Local Government (“the Minister”) shall contain information concerning—

• (a) measures to be taken to ensure compliance with Part M of the Building Regulations 1997 (S.I. No. 497 of 1997),

• (b) measures to be taken to facilitate access by persons with disabilities to public roads and other public places and to other services provided by the Minister, local authorities or other public bodies in relation to which he or she performs functions and the time proposed within which such measures are to be taken,

• (c) arrangements proposed to be put in place by the Minister and the Minister for Transport to facilitate access to the vehicles providing the passenger transport services by such persons from a public road,

• (d) housing and accommodation for persons with disabilities,

• (e) proposed arrangements for co-operation by housing authorities with the Executive in relation to the development and co-ordination of the services provided by housing authorities for persons with disabilities, and

• (f) any other matters which the Minister considers appropriate.

• (2) In this section “public places” includes—

• (a) street furniture, pavements and pedestrian zones,

• (b) signage,

• (c) public parks and open spaces owned or maintained by a local authority,

• (d) harbours, bus and light rail stops for which a local authority is responsible,

but does not include a public building under section 25 or a service to which section 26 or 27 applies.

37. Sectoral plan of Minister for Enterprise, Trade and Employment.

37.—(1) A sectoral plan prepared by the Minister for Enterprise, Trade and Employment (“the Minister”) shall contain information concerning—

• (a) vocational training and employment support services and programmes made available to persons with disabilities by An Foras Áiseanna Saothair,

• (b) a programme of the measures proposed to be taken for and in relation to the provision of appropriate vocational training and employment support services to facilitate the integration of persons with disabilities into employment,

• (c) measures to be taken to review the delivery of such training and services and the time within which such review is to be carried out,

• (d) any measures to be taken to ensure more effective provision of such training and services, and

• (e) any other matters which the Minister considers appropriate.

• (2) A plan referred to in subsection (1) shall provide for appropriate co-operation by the Minister with the Minister for Social and Family Affairs and the Minister for Health and Children (“the two Ministers”) in relation to the development and co-ordination of services related to the foregoing services provided by the two Ministers for persons with disabilities.

38. Complaints.

38.—A person may by himself or through a person referred to in section 9(2) make a complaint in writing to the head of a public body in relation to the failure of the body to comply with section 25, 26, 27, 28 or 29 of this Act.

39. Inquiry officers.

39.—(1) The head of a public body may authorise such and so many officers of the body as he or she considers appropriate (referred to in this Act as “inquiry officers”) to perform the functions conferred on inquiry officers by this section.

• (2) The head of a public body shall draw up procedures in relation to the making and investigation of complaints and such other matters relating to complaints as he or she considers appropriate and shall cause the procedures to be published.

• (3) An inquiry officer shall be independent in the performance of his or her functions.

• (4) Following the receipt of a complaint by the head of a public body under section 38, he or she shall refer the matter to an inquiry officer.

• (5) When a complaint is referred to an inquiry officer under subsection (4), he or she shall (unless he or she is of opinion that it is frivolous or vexatious in which case he or she shall notify the public body and the complainant to that effect) investigate the complaint and prepare a report in writing of the results of his or her investigation and furnish a copy of it to the head of the public body concerned and to the person who made the complaint.

• (6) A report under subsection (5) shall set out the findings of the inquiry officer concerned together with a determination in relation to the following matters, namely—

• (a) in case the determination is that the complaint is not frivolous or vexatious, whether there has been a failure by the public body the subject of the complaint to comply with a provision referred to in section 38, and

• (b) in case the determination is that there has been such a failure, the steps required to be taken by the public body concerned to comply with the provision concerned.

• (7) An investigation by an inquiry officer under this Act shall be conducted otherwise than in public.

• (8) In this section “complaint” means a complaint under section 38.

40. Application of Ombudsman Act 1980.

40.—Notwithstanding anything contained in the Ombudsman Act 1980, that Act shall apply to a determination of an inquiry officer or a decision of a complaints officer in relation to a sectoral plan with the following and any other necessary modifications as if it were an action taken by or on behalf of a F12[reviewable agency (within the meaning of that Act)]:

• (a) in section 1, in subsection (1), the following shall be inserted after the definition of “functions”:

“ ‘head’, in relation to a public body, and ‘public body’, have the meanings assigned to them by the Disability Act 2005;”;

• (b) in section 4, in subsection (2), the words from and including F12["in the performance"] to the end of the subsection and subsection (4) shall be deleted;

• (c) in section 5, in subsection (1)(a), subparagraph (iii) shall be deleted;

• (d) in section 6, the following subsection shall be substituted for F12[subsections (3) and (3A)]:

• “(3) Where, following an investigation under this Act into an action, it appears to the Ombudsman that, by reason of a failure to comply with a provision of Part 3 of the Disability Act 2005 or of a sectoral plan under that Part, the action adversely affected a person by or on whose behalf a complaint was made under section 38, or in accordance with the procedure for complaints provided for pursuant to section 31(4)(b), of that Act or any other person and the Ombudsman considers that in all the circumstances he or she should do so, he or she may recommend to the head of the public body concerned or to any other person concerned—

  • (a) that the matter in relation to which the action was taken be further considered,

  • (b) that measures or specified measures be taken to remedy, mitigate or alter the adverse effect of the action, or

  • (c) that the reasons for taking the action be given to the Ombudsman,

  and, if the Ombudsman thinks fit to do so, he or she may request the head of the public body or that other person to notify him or her within a specified time of his or her response to the recommendation.”;

and

• (e) in section 7, the following subsection shall be inserted after subsection (1):

• “(1A)

  • (a) An officer of the Ombudsman authorised in writing in that behalf by the Ombudsman may, for the purposes of a preliminary examination or an investigation under section 4 in relation to a public body or any other person concerned carried out by virtue of section 40 of the Disability Act 2005—

    • (i) at all reasonable times enter any premises occupied by the body or other person aforesaid,

    • (ii) search the premises and any books, documents or other records found there by him or her,

    • (iii) require any person on the premises who is employed by the body or other person to give to him or her such information within his or her knowledge or procurement (including, in the case of such information in a non-legible form, a reproduction of it in a legible form), or such records as aforesaid in his or her possession or within his or her procurement, as he or she may reasonably require for the purposes aforesaid,

    • (iv) examine and take copies of, or of extracts from, any such records as aforesaid and remove and retain any such records for such period as may be reasonable for further examination,

    • (v) require any such person as aforesaid who has in his or her possession any such records to retain them for such reasonable period as he or she may direct, and

    • (vi) take on to the premises and use there a camera or other recording apparatus or any other equipment, for the purpose of facilitating the proof of any non-compliance with Part 3 of the Disability Act 2005 found or suspected by the officer on the premises.

  • (b) In paragraph (a), ‘premises’ includes a structure or place and a vehicle, ship or other vessel and the reference to occupied in that paragraph shall be construed, in relation to a vehicle, ship or other vessel, as a reference to owned, used or operated.

  • (c) A person who—

    • (i) obstructs or impedes an officer of the Ombudsman while he or she is performing a function under this section,

    • (ii) fails or refuses to comply with a requirement under this section,

    • (iii) alters, disposes of or destroys any books, documents or other records which the person has been required under this section to give to such an officer or may reasonably expect to be required so to do, or

    • (iv) gives to such an officer information which is false or misleading in a material respect,

    is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

  • (d) When performing any of his or her functions under this subsection, an officer of the Ombudsman shall, if so requested by any person affected, produce to the person his or her authorisation under paragraph (a) or a copy of it.”.

PART 4 Genetic Testing

41. Interpretation (Part 4).

41.—In this Part—

F13[…]

F14["Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016³³ on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);]

“genetic data” means data relating to a living person derived from genetic testing of the person;

“genetic testing” means the examination of samples taken from a living person for the purpose of analysing the person's deoxyribonucleic or ribonucleic acid by means of chromosomal analysis or by any other means for the purpose of—

• (a) confirming the identity or nature of an existing symptomatic disease,

• (b) ascertaining whether the person has a genetic predisposition or susceptibility to a disease, or

• (c) identifying the carrier of a disease;

F15["processing" means processing within the meaning of the Data Protection Regulation;]

42. Genetic testing and processing of genetic data.

42.—(1) Genetic testing shall not be carried out on a person unless—

• (a) the testing is not prohibited by law, and

• (b) the consent of the person to the processing of any genetic data to be derived from the testing has been obtained in accordance with F16[the Data Protection Regulation].

• (2) A person shall not engage in the processing of genetic data in relation to—

• (a) the employment of a person F17[…],

• (b) a policy of insurance or life assurance,

• (c) a policy of health insurance or health-related insurance,

• (d) an occupational pension, a retirement annuity contract or any other pension arrangement,

• (e) the mortgaging of property.

• (3) A person shall not process genetic data unless all reasonable steps have been taken to provide the data subject with all appropriate information concerning—

• (a) the purpose and possible outcomes of the proposed processing, and

• (b) any potential implications for the health of the data subject which may become known as a result of the processing.

• F16[(4) A person who contravenes subsection (2) or (3) shall be guilty of an offence and shall be liable—

• (a) on summary conviction, to a class A fine, or

• (b) on conviction on indictment, to a fine not exceeding €100,000.]

• F18[(5) Where a person is convicted of an offence under subsection (4), the court may order any personal data that appears to the court to be connected with the commission of the offence to be destroyed or erased.

• (6) The court shall not make an order under subsection (5) where it considers that a person other than the person convicted of the offence concerned may be the owner of, or otherwise interested in, the data concerned, unless such steps as are reasonably practicable have been taken for notifying that person and giving him or her an opportunity to show cause why the order should not be made.]

43. Family history information.

43.—F19[…]

44. Review of operation of this Part.

44.—(1) The Minister shall initiate, not later than 1 January 2014, a review of the operation of this Part and shall ensure that the review is carried out.

• (2) The person carrying out a review under subsection (1) shall consult with such other Ministers of the Government as he or she considers appropriate, the Data Protection Commissioner, the F20[Central Bank of Ireland] and such other persons or bodies as he or she considers appropriate.

45. Saver.

45.—(1) F21[…]

• (2) Nothing in this Part shall be construed as prohibiting the taking and use in accordance with law of bodily samples for the purpose of forensic testing or analysis in connection with the investigation of an offence, or for any other purpose not prohibited by law, by or on behalf of the Garda Síochána or the processing by them of genetic data (if any) derived from such testing or analysis.

PART 5 Public Service Employment

46. Interpretation (Part 5).

46.—(1) In this Part—

“Authority” means National Disability Authority;

“civil servant” has the same meaning as it has in the Civil Service Regulation Act 1956;

“relevant Minister” means relevant Minister of the Government;

“relevant Minister of the Government”—

• (a) in relation to a Department of State or any other public body, the members of whose staff are civil servants, means the Minister for Finance,

• (b) in relation to any other public body, being a public body that is accountable to a Minister of the Government, means that Minister of the Government.

• (2) The following public bodies are deemed to be accountable to the following Ministers of the Government for the purposes of this Part—

• (a) a local authority, the Minister for the Environment, Heritage and Local Government,

• (b) the Executive, the Minister for Health and Children,

• (c) a person, body, organisation or group established by or under any enactment (other than the Companies Acts 1963 to 2003), the Minister of the Government—

• (i) whose function it is to appoint the person, body, organisation or group or, if appropriate, one or more of its members, and

• (ii) who finances the person, body, organisation or group, wholly or partly, whether directly or indirectly, by means of moneys provided by him or her, or loans made or guaranteed by him or her, or shares held by him or her in, the person, body, organisation or group,

and

• (d) a person, body, organisation or group established under the Companies Acts 1963 to 2003 in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government, or shares held by or on behalf of a Minister of the Government, that Minister of the Government.

• (3) This Part does not apply to the Defence Forces, F23members of An Garda Síochána within the meaning of the [Policing, Security and Community Safety Act 2024] or prison officers of a prison.

47. Employment in public service.

47.—(1) A public body shall—

• (a) in so far as practicable take all reasonable measures to promote and support the employment by it of persons with disabilities,

• (b) have regard to any relevant codes of practice approved under section 50 and section 10A of the Act of 1999 by the relevant Minister.

• (2) A public body shall ensure, unless there is good reason to the contrary for not doing so, that it reaches any compliance targets prescribed under subsection (3).

• (3)
• (a) The Minister for Finance may, with the consent of the Minister, by order specify compliance targets relating to the recruitment and employment of persons with disabilities in public bodies the members of whose staff are civil servants and the public bodies accountable to him or her.

• (b) The Minister may, with the consent of the Minister for Finance, by order specify compliance targets relating to the recruitment and employment of persons with disabilities in the public bodies accountable to him or her.

• (c) Any other Minister of the Government may, with the consent of the Minister and the Minister for Finance, by order specify compliance targets relating to the recruitment and employment of persons with disabilities in the public bodies accountable to him or her.

• (d) In such an order as aforesaid the relevant Minister of the Government concerned may specify numbers or percentages of persons with disabilities to be recruited by the public body concerned, and if it appears to him or her to be necessary, he or she may specify—

• (i) the numbers or percentages of persons with disabilities to be employed by the public body concerned,

• (ii) the holding of recruitment competitions confined to persons with disabilities in relation to specific posts or employments,

• (iii) measures for the filling, by suitably qualified persons with disabilities, of specified categories of vacancies for such period as he or she considers appropriate,

• (iv) that the public body concerned shall offer a specified number of work experience placements of specified duration to persons with disabilities each year.

• F24[(4) If no compliance targets stand prescribed under subsection (3) in relation to a public body, the body shall ensure, unless there is good reason to the contrary, that—

• (a) for the period from the date of commencement of section 101(b) of the Assisted Decision-Making (Capacity) (Amendment) Act 2022 up to and including 31 December 2023, not less than 3 per cent of the persons employed by it are persons with disabilities,

• (b) for the period from 1 January 2024 up to and including 31 December 2024, not less than 4.5 per cent of the persons employed by it are persons with disabilities, and

• (c) on and from 1 January 2025, not less than 6 per cent of the persons employed by it are persons with disabilities.]

• (5) An order under subsection (3) may relate to all public bodies, or specified public bodies, that are accountable to the relevant Minister who makes the order.

• (6) A Minister of the Government shall, when making an order under subsection (3), have regard to any measures that have been specified by the Authority under section 49(2) in relation to any public body to which the order applies.

• (7) An order under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister of the Government making the order to be necessary or expedient for the purposes of the order.

• (8) An order under this section (including this subsection) may be revoked or amended by the Minister of the Government who made it subject to the like consent or consents as that or those to which such making is subject.

48. Monitoring of compliance with this Part.

48.—(1) A Minister of the Government shall establish a committee (which shall be known as “a monitoring committee”) in respect of the public bodies in relation to which he or she is the relevant Minister.

• (2) Subject to subsection (7) a public body shall, not later than 31 March in each year, draw up a report in writing in relation to its compliance with this Part during the preceding year and submit it to the relevant monitoring committee.

• (3) A monitoring committee shall monitor and, in consultation with the Authority, encourage compliance with this Part by the public bodies in respect of which it was established.

• (4) A monitoring committee shall consist of not less than 5 members who shall be appointed by the relevant Minister concerned and of whom—

• (a) at least one is an officer of the relevant Minister,

• (b) one is representative of persons with disabilities and who may be a member of the staff of a public body,

• (c) one is representative of public bodies as employers or of employers generally, and

• (d) one is representative of employees of the public bodies concerned or of employees generally.

• (5) A monitoring committee shall—

• (a) appoint its chairperson,

• (b) meet not less than 3 times each year,

• (c) subject to paragraph (b), determine its own procedures, and

• (d) subject to subsection (7), not later than 30 June in each year, draw up a report in writing in relation to compliance with section 47 during the preceding year by the public body or bodies concerned and submit it to the Authority and the relevant Minister by whom it was established.

• (6)
• (a) A report referred to in subsection (2) or (5)(d) shall be in such form, and contain such particulars, as the Authority in consultation with the relevant Minister, may direct.

• (b) In performing its functions under this section, the Authority shall have regard to section 15(2) of the Act of 1999.

• (7) The first reports under subsections (2) and (5)(d) shall be in respect of the period from the commencement of this section to the end of the year following such commencement and the reference in subsection (2) to 31 March in each year and in subsection (5)(d) to 30 June in each year shall, in relation to those reports, be construed as references, respectively, to 31 March in the year following such commencement and 30 June in that year.

49. Action to achieve compliance with this Part.

49.—(1) A public body shall, at the request of the relevant Minister, or of the Authority, following consultation with that Minister, furnish not more than 3 months after the making of the request, that Minister or the Authority, as the case may be, with any information that that Minister or the Authority requires in order to determine whether the body is complying with this Part.

• (2) Where, either—

• (a) at the end of any 2 successive years a public body is, in the opinion of the Authority, not complying with this Part, or

• (b) (i) a public body has not complied with subsection (1), and

• (ii) the relevant Minister or the Authority is of opinion that the body may not be complying with another provision of this Part,

the Authority may, with the consent of the relevant Minister, request the body to take such measures as it may specify to ensure such compliance and the public body shall comply with such request.

• (3) The measures referred to in subsection (2) may include—

• (a) the provision by or on behalf of the body concerned of the training or education of persons with disabilities who are employed by the body, either in or outside it for the purpose of qualifying them for specific posts or employments in the body,

• (b) the amendment of the requirements for particular posts or employments in the body to enable persons with disabilities to compete for posts or employments in the body in relation to which the work is similar or of equal value,

• (c) measures for the filling, by suitably qualified such persons, of employment vacancies or specified such vacancies or of categories of such vacancies in the body, either for a specified period or until the provisions of this Part have been complied with,

• (d) the holding of competitions for recruitment to specific posts or employments which are confined to such persons,

• (e) the making of reasonable alterations to the work premises or environment of the body concerned and the provision of suitable technical or organisational supports so as to reasonably facilitate the employment by the body of persons with disabilities and to support existing employees of the body who are persons with disabilities in the performance of their duties,

• (f) the provision of information to employees of the body to increase their awareness and understanding of the contribution that persons with disabilities may make to the work of the body.

50. Codes of practice in respect of employment in public service.

50.—(1) (a) A Minister of the Government may approve codes of practice prepared by the Authority or such persons as may be requested by him or her for the purpose of giving guidance to public bodies in relation to which he or she is the relevant Minister in respect of the implementation of this Part or such provisions of this Part as that Minister of the Government may specify.

• (b) In performing functions under paragraph (a), the Minister of the Government concerned shall consult with the Authority and the relevant monitoring committee established by him or her under section 48.

• (c) A Minister of the Government may, after consultation with the Authority and the relevant monitoring committee, by order revoke or amend an approved code of practice approved by him or her under paragraph (a).

• (2) The Act of 1999 is amended—

• (a) in section 8(2)(f), by the substitution of “sections 10 and 10A” for “section 10”, and

• (b) by the insertion of the following section after section 10:

“Codes of practice in relation to Part 5 of Disability Act 2005.

10A.—(1) The Authority shall, if requested by a Minister of the Government, prepare and submit to that Minister draft codes of practice giving guidance to public bodies in relation to which he or she is the relevant Minister in respect of the implementation of Part 5 of the Disability Act 2005 or specified provisions thereof. (2) In preparing a draft code of practice under subsection (1), the Authority shall consult the relevant Minister concerned and the relevant monitoring committee. (3) Following the submission of a draft code of practice under subsection (1) to the relevant Minister, he or she may, after consultation with the Authority and the relevant monitoring committee, by order declare that— (a) he or she does not approve of the draft code of practice, (b) he or she approves of the draft code of practice and that, accordingly, it is an approved code of practice for the purposes of Part 5 of the Disability Act 2005, or (c) he or she approves of the draft code as amended by him or her and that, accordingly, it is an approved code of practice for the purposes of Part 5 of the Disability Act 2005. (4) The relevant Minister concerned may, after consultation with the Authority and the relevant monitoring committee, by order amend or revoke an approved code of practice for the purposes of Part 5 of the Disability Act 2005. (5) In this section— ‘relevant Minister’ has the same meaning as it has in Part 5 of the Disability Act 2005; ‘monitoring committee’ means a committee established under section 48 of the Disability Act 2005.”,

and

• (c) in section 15, by the insertion of the following subsection after subsection (5):

• “(6)

  • (a) Subject to paragraph (c), the Authority shall include in a report under subsection (1), particulars of the information furnished to it in reports under subsection (5)(d) of section 48 of the Disability Act 2005 and send a copy of the report to the Minister and any other Minister of the Government to whom, having regard to his or her functions, the Authority considers it should be sent.

  • (b) Subject to paragraph (d), a report under subsection (1) shall include—

    • (i) an assessment of the extent to which each Department of State or other public body complied with section 47 of the Disability Act 2005 during the year to which the report relates and the extent to which any factors outside its control may have contributed to any non-compliance with that section, and

    • (ii) if appropriate, a recommendation that, a Department of State or other public body should take specified measures to facilitate or achieve compliance with that section.

  • (c) The Authority may, where it considers appropriate, prepare, and submit to the Minister not later than 30 November in each year, a report (other than a report under subsection (1)) setting out the particulars referred to in paragraph (a), and where it so does it shall be deemed to have complied with that paragraph.

  • (d) The Authority may, where it considers appropriate, prepare, and submit to the Minister not later than 30 November in each year, a report (other than a report under subsection (1)) containing—

    • (i) an assessment, and

    • (ii) if appropriate, a recommendation,

    referred to in paragraph (b), and where it so does it shall be deemed to have complied with that paragraph.”.

51. Positive action measures.

51.—Nothing in this Part precludes the taking of measures referred to in section 33 of the Employment Equality Act 1998 (as amended by section 22 of the Equality Act 2004).

PART 6 Centre for Excellence in Universal Design

52. Amendment of Act of 1999.

52.—Part II of the Act of 1999 is amended by inserting the following Chapter after Chapter I:

“Chapter IA

Centre for Excellence in Universal Design

Interpretation.	19A.—In this Chapter— ‘the Centre’ shall be construed in accordance with section 19B; ‘environment’, in relation to any area, means any buildings and any public places in that area and any products used, services provided and systems (including electronic systems) available for operation in that area; ‘public place’ means any place to which the public has access whether as of right or by permission and whether subject to or free of charge; ‘universal design’— (a) means the design and composition of an environment so that it may be accessed, understood and used— (i) to the greatest practicable extent, (ii) in the most independent and natural manner possible, (iii) in the widest possible range of situations, and (iv) without the need for adaptation, modification, assistive devices or specialised solutions, by persons of any age or size or having any particular physical, sensory, mental health or intellectual ability or disability, and (b) means, in relation to electronic systems, any electronics-based process of creating products, services or systems so that they may be used by any person.
Centre for Excellence in Universal Design.	19B.—(1) There shall be in the Authority a centre which shall be known as the Centre for Excellence in Universal Design and is referred to in this Part as ‘the Centre’. (2) The Centre shall consist of such members of the staff of the Authority as it may designate from time to time. (3) There shall be a chief officer of the Centre (‘the chief officer’) who shall be a member of the staff of the Centre designated by the Authority from time to time. (4) Members of the staff of the Centre, including the chief officer, may be transferred by the Authority to other positions in the Authority and, upon being so transferred, shall cease to be members of the staff of the Centre and, in the case of the transfer of a member who is the chief officer, shall also cease to be the chief officer. (5) Subject to section 19D, the functions of the Centre shall be performed by the chief officer. Subject as aforesaid, those functions or specified such functions may be performed by another member of the staff of the Centre authorised in that behalf by the chief officer.
Functions of Centre.	19C.—(1) The Centre shall facilitate the achievement of excellence in universal design by contributing to the development and promulgation of standards in that regard. (2) In relation to the universal design of electronic systems, the Centre shall— (a) support and assist in the development of standards of excellence by liaising with appropriate national and international standards bodies for this purpose, (b) recommend those standards for adoption by bodies operating in the fields of information technology and tele-communications, (c) encourage compliance by the bodies aforesaid with appropriate national and international standards in universal design, and (d) provide information to those bodies in relation to the practical and theoretical aspects of supportive technologies. (3) In relation to assisting and promoting the introduction of the principles of universal design to courses of education and training, the Centre shall liaise with vocational and third level educational institutions and with professional bodies to— (a) encourage the training in universal design of persons providing— (i) courses of education and training in universal design for persons preparing to engage in work affecting the environment, or (ii) courses of training for persons engaged in such work, (b) ensure as far as practicable that courses of education and training in the principles of universal design are provided for persons engaged in such work, including architects, engineers, town planners, systems analysts, software designers, transport providers and designers of passenger transport vehicles and passenger vessels, (c) ensure the development of appropriate curricula so that the concept of universal design forms an integral part of the aforesaid courses, (d) ensure as far as practicable that examinations recognised by professional bodies in such courses include material relating to those principles. (4) In relation to the continued development of the principles of universal design, the Centre shall— (a) assist in the development of knowledge, skills, understanding and values so as to enable persons engaged in work affecting the environment to strive towards achieving an environment that is universally designed, (b) promote public awareness of the difficulties encountered by persons with disabilities in relation to the environment. (5) The Centre shall engage in such practical and theoretical work in respect of matters relating to universal design as the Minister may specify from time to time.
Partnership arrangements.	19D.—Notwithstanding any provision of any other enactment, the Authority may, with the consent of the Minister and the Minister for Finance, make an arrangement, on such terms and conditions as it considers appropriate, with a person or persons for the performance, in partnership with the Authority, of specified functions of the Centre.”.

PART 7 Miscellaneous

53. Amendment of section 19 of Broadcasting Act 2001.

53.—F25[…]

54. Offences by bodies corporate, etc.

54.—(1) Where—

• (a) an offence under this Act is committed by a body corporate, and

• (b) the offence is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any neglect on the part of, a person who was either—

• (i) a director, manager, secretary or other similar officer of the body corporate, or

• (ii) a person purporting to act in any such capacity,

that person as well as the body corporate is also guilty of an offence and liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts or defaults of a member in connection with the member's functions of management as if he or she were a director or manager of the body corporate.

• (3) Subsections (1) and (2) shall apply, with the necessary modifications, in relation to offences under this Act committed by an unincorporated body.

55. Offences.

55.—(1) A person who is guilty of an offence under this Act for which no penalty is provided is liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.

• (2) If the contravention in respect of which a person is convicted of an offence under any provision of this Act is continued after the conviction, the person is guilty of a further offence on every day on which the contravention continues and for each such offence is liable on summary conviction to a fine not exceeding €350.

• (3) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence.

• (4) Proceedings for a summary offence may be brought and prosecuted by—

• (a) the Minister for Health and Children in respect of such offences under Part 2,

• (b) the Ombudsman in respect of such offences under section 40,

• (c) the Data Protection Commissioner in respect of such offences under Part 4.

56. Further amendment of Act of 1999.

56.—(1) Section 20 of the Act of 1999 is amended—

• (a) in subsection (1)(a), by the substitution of “12” for “20”,

• (b) in subsection (3)(b)(i), by the substitution of “5” for “9” in each place where it occurs.

• (2) Section 21 of the Act of 1999 is amended—

• (a) in subsection (2), by the insertion of “such remuneration (if any) and” after “and shall be paid”, and

• (b) by the insertion of the following subsection after subsection (4):

• “(5) Notwithstanding subsection (1), the Minister may, on the occasion of the Minister's first appointing members of the Authority after the commencement of section 56 of the Disability Act 2005, appoint a person who has served not more than 2 consecutive terms as a member of the Authority, to be a member of the Authority.”.

• (3) Section 23 of the Act of 1999 is amended by the substitution of the following subsection for subsection (3):

• “(3) The quorum for a meeting of the Authority shall be 7.”.

57. Repeal of sections 17 and 18 of Equal Status Act 2000.

57.—Sections 17 and 18 of the Equal Status Act 2000 are repealed.

58. Exclusions.

58.—Nothing in this Act requires any public building, service, information or goods to be made accessible to persons with disabilities if the adaptation or modification involved, or the provision of auxiliary aids would—

• (a) in the case of a service, information or goods including a service, information or goods made available in a public building, fundamentally alter the nature of the business, profession or trade of the person providing the service, information or goods, or

• (b) constitute a risk to the health, safety or welfare of any person.

SCHEDULE Appeals Officer

Section 16.

• (1) may at any time resign his or her office by letter addressed to the Minister and the resignation shall take effect on and from the date of his or her receipt of the letter,

• (2) may at any time be removed from office by the Minister if, in the opinion of the Minister, he or she has become incapable through ill-health of effectively performing his or her functions or has committed stated misbehaviour.

• (2) Accounts kept in pursuance of this paragraph in respect of each year shall be submitted by the appeals officer for audit to the Comptroller and Auditor General in the following year on a date not later than a date specified by the Minister and, as soon as may be after the audit, a copy of those accounts, or of such extracts from those accounts as the Minister may specify, together with the report of the Comptroller and Auditor General on the accounts, shall be furnished by the appeals officer to the Minister who shall cause copies of the documents so furnished to be laid before each House of the Oireachtas.

• (2) A person appointed under this paragraph shall hold office upon such terms and conditions as may be determined by the Minister after consultation with the Minister for Finance.

Footnotes