Centre for Disability Law and Policy
Business Plan
July 2011 – June 2014
An Ireland that Leads in Achieving Equal Opportunities
for Persons with Disabilities
Centre for Disability Law and Policy
Table of Contents
Executive Summary ...................................................................................................... 4 Chapter 1: Introduction ..............................................................................................................5 Chapter 2: Environmental Context ............................................................................................6 Chapter 3: Impact Assessment .................................................................................................8 Chapter 4: Strategic Direction of the CDLP ............................................................................11 Chapter 5: How we Intend to Deliver on our Outcomes ..........................................................15 Chapter 7: Implementation & Critical Success Factors ...........................................................16 Chapter 8: Summary ...............................................................................................................16 1. Introduction .......................................................................................................... 18 1.1 Background to the Centre for Disability Law and Policy ...................................................18 1.2 Developing the Business Plan ..........................................................................................19 1.3 Objectives of the Business Plan ........................................................................................21 2. Environmental Context .......................................................................................... 23 2.1 Overview of Relevant Law and Policy ...............................................................................23 2.1.1 United Nations Convention on the Rights of Persons with Disabilities .......................23 2.1.2 European Legislation and Policy .............................................................................24 2.1.3 The Irish Reform Process ...........................................................................................26 2.2 Trends & Critical Barriers to Reform .................................................................................33 2.2.1 Trends ........................................................................................................................33 2.2.2 Critical Barriers to Change .........................................................................................35 2.2.3 Summary ....................................................................................................................37 2.3 The Lifecourse Institute .....................................................................................................38 2.4 Key Messages from the Consultation ...............................................................................40 2.5 Conclusion ........................................................................................................................45 3. Impact Assessment ................................................................................................ 47 3.1 Key Achievements and Progress to Date .........................................................................47 3.2. Data Gathering .................................................................................................................51 3.3 Summary of Impact Assessment – Driving Change ..........................................................52 3.4 Summary of Findings and Recommendations ..................................................................54 4. Strategic Direction of the Centre for Disability Law and Policy ......................... 58 4.1 Introduction .......................................................................................................................58 4.2 Vision and Mission ............................................................................................................58 4.3 Priority Areas of Focus and Rationale ...............................................................................59 4.4 Strategic Objectives ..........................................................................................................61 4.5 Intended Outcomes ...........................................................................................................66 5. How we Intend to Deliver on our Outcomes ........................................................ 68 5.1 Assumptions ......................................................................................................................68 5.2 Activity Plan and Key Performance Indicators ..................................................................69 5.3 The Logic Model ................................................................................................................90 5.4 Evaluation .........................................................................................................................92 6. Implementation & Critical Success Factors ......................................................... 94 6.1 High-Level Implementation Plan .......................................................................................94 6.2 Critical Success Factors ....................................................................................................96 7. Summary ................................................................................................................. 99 Appendix 1 – Consultation Participants ................................................................. 101 Impact Assessment and Business Planning Consultation Participants ................................101 Table of Figures
Figure 1 Business Plan Approach ..............................................................................................19 Figure 2 The Lifecourse Institute ................................................................................................39 2
Centre for Disability Law and Policy
Figure 3 Method by which CDLP Drives Positive Change ..........................................................52 Figure 4 CDLP’s Priority Areas of Focus ....................................................................................59 Figure 5 Centre for Disability Law and Policy’s Ten Strategic Objectives ..................................61 Figure 6 CDLP’s Work Packages Model ....................................................................................62 Figure 7 CDLP Logic Model (overleaf) .......................................................................................90 3
Centre for Disability Law and Policy
Executive Summary
The purpose of this Business Plan for the Centre for Disability Law and Policy (CDLP) is to
build on its clear successes to date and to re-orient its activities and working methods as
lessons are absorbed from its first phase of operation (2008-2011).
The Centre is almost unique in Europe and among a handful in the world. It focuses on
advancing social justice and human rights for persons with disabilities through legislative and
policy reform. It takes the new United National Convention on the Rights of Persons with
Disabilities (an instrument which its members helped to draft) as its moral and legal compass
for change. The Convention has been ratified at EU level which makes the European
dimension is increasingly important in framing the reform agenda in Ireland. Impending
ratification by the US Senate will lead to enhanced Transatlantic dialogue which the Centre is
well placed to benefit from.
As the Centre moves into its second phase it will focus more tightly on key challenges that face
persons with disabilities in Ireland and will draw more insistently on positive international and
European regional law. It will take a lead role in the debate over legal capacity law reform –
thus restoring voice and respect to persons with disabilities. Since this long-promised law
reform is the last remaining obstacle to Ireland’s ratification of the UN Convention this work will
have clear multiplier effects. It will focus on dissolving some obstacles to independent living
including inadequate housing options, the need to restore budgetary power to persons
themselves and dramatically over-stretched health and safety laws. It will help open up options
fto maximise economic and social opportunities for persons with disabilities including wealth
accummulation strategies to make people less dependent on the State and corporate culture to
sensitise enterprise to the value of the disability market. And it will place a more insistent focus
on the status of persons with mental disabilities and mental health law reform in Ireland.
The Centre has built up an impressive network of research asociations around the world from
Harvard Law School to Renmin Law School (China). It will refine its working methods to add
international peers to all of its research activities. Furthermore, it will add civil society partners
to all projects (domestic and international) to ensure its work products address real issues and
to add to credibility. It will engineer its research products to have maximum legislative impact.
It will step up its civic engagement as an end in itself as well as a mean to producing more
finely targeted work. And it will expand its educational programmes in order to continue to grow
a cohort of Irish (and global) disability policy entrepreneurs. It will align all this activity with the
emerging Lifecourse Institute in the University. One immediate activity will be engagement in
the drafting of the UN Convention on the rights of the elderly. This builds tangibly on the
Centre’s experience in treaty negotiations and the subject specialisation of the Irish Centre of
Social Gerontology which is also a core member of the Lifecourse Institute.
Prospectus Strategy Consultants were commissioned to develop a Business Plan along with an
Impact Assessment and conduct a Governance Review. This document presents the CDLP’s
Business Plan (July 2011 – June 2014).
The Business Plan is structured as follows: Chapters 1, 2 and 3 provide the “as is” while
Chapters 4, 5, 6 and 7 outline the future direction of the CDLP. The first three Chapters set the
context in which the Business Plan was developed by describing the background to the Centre;
the environmental, political and legislative landscape internationally and nationally; and the
impact of the CDLP’s achievements to date. Chapters 4, 5, 6 and 7 outline the Centre’s priority
areas going forward and future focus, which builds on key developments to date. The
Appendices provide supporting information. A summary of each Chapter is provided in the
Executive Summary.
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Centre for Disability Law and Policy
Chapter 1: Introduction
The Centre for Disability Law & Policy (CDLP) first emerged as an informal Research Unit in the
Faculty of Law at NUI Galway in 2001. It provided a platform that brought together the scholarly
efforts of many in the Faculty who had been working on disability issues in Ireland and
internationally since the early 1990s. The Centre was formally established in 2008 with the help
of a grant from Atlantic Philanthropies.
The CDLP’s operating philosophy is ‘scholarship in action’ which entails research that
addresses the problems that ordinary citizens face and providing practical policy solutions. The
pursuit of equal opportunities and social justice for persons with disabilities inspires the work of
the work of the Centre. Central to this is a paradigm shift away from viewing persons with
disabilities as ‘objects’ to be managed or cared for to ‘subjects’ deserving equal rights and
respect. The main aim of the equal opportunities model is to give voice and power back to
persons with disabilities over their own lives, enable persons with disabilities to live
independently and in the community, break down barriers (including attitudinal) to inclusion,
optimise new opportunities (especially new economic opportunities) and ensure that social
supports do not entrap people but genuinely expand personal freedom.
The Business Plan was developed at a strategically significant period in the lifetime of the
CDLP. While to date the CDLP has had a real impact in advancing disability law and policy in
Ireland, it continues to face the challenge to convert this traction to reform.
Three key lessons from our work to date include the need to:
1. Work more flexibly as policy opportunities emerge and to tailor that work to best
optimise those opportunities
2. Work even more interactively and to partner more visibly with civil society groups to
enhance impact and with international research peers to enhance credibility
3. Follow-through more intensively with research to ensure that it reaches the intended
audience (especially within Government and Parliament).
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Chapter 2: Environmental Context
Relevant Law and Policy
Chapter two outlines relevant law and policy at an International, European and National level
that is driving the work being undertaken by the CDLP; key trends in the sector and critical
barriers to reform; the development of the Lifecourse Institute which offers a new way of
working and impacting; and findings from consultation with key external stakeholders.
The United Nations Convention on the Rights of Persons with Disabilities in 2007 is having a
dramatic impact in shaping the worldwide reform agenda. The Convention has been ratified by
the European Union which means EU disability law and policy will have an increasingly
influential effect on Irish law and policy. Ireland has yet to ratify but will do once legal capacity
legislation is enacted. The Irish Reform process can be broken down into the following subheadings:
•
Non-discrimination law (e.g. Employment Equality Acts, 1998 and 2004)
•
Legislation underpinning the National Disability Strategy 2004 (Disability Act 2005,
Citizens Information Act 2007, Education for Persons with Special Educational Needs
Act 2004)
•
Legislation in related fields (e.g. Health Act 2007)
•
Major policy initiatives (e.g. National Mental Health Strategy – Vision for Change)
The Business Plan summarises the relevant law and policy under each of these headings and
the link between the CDLP’s work and current legislation and policy.
Trends & Critical Barriers to Reform
In additional to law and policy it is important to identify current trends and barriers to change
when painting the environmental context for our work. There are a series of key trends
emerging in the disability sector. In this plan we summarise the following:
•
Reduced public funding
•
Demographics and the growing elderly population with disabilities
•
Education and the under investment in the future
•
Employment, namely the drastically lower rates of economic activity
Despite a relatively rich menu of disability laws and policies in Ireland there remain a number of
critical barriers to change. These include:
•
Lack of voice and power
•
Barriers to independent living
•
Barriers that inhibit making full use of new opportunities
•
Multiple discrimination and exclusion: citizens with mental health issues.
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Centre for Disability Law and Policy
The link between the work of the CDLP to date, the barriers that still exist and the future focus
of the Centre should be evident in the Business Plan.
The Lifecourse Institute
The Lifecourse Institute (LCI) is a critical feature in the Business Plan. Three research centres
at NUI Galway form the founding pillars of the Lifecourse Institute – the Child and Family
Research Centre (CFRC), the Irish Centre for Social Gerontology (ICSG) and the Centre for
Disability Law and Policy (CDLP). The Institute was established to “provide a unique forum
within the University for community researchers and policy analysts interested in achieving
social justice and rights for our citizens.”
It is expected that the Lifecourse Institute will significantly impact the work agenda as well as
work practices of the CDLP. This is evidenced in later Chapters in the Business Plan, such as
Chapter 5 (in the activity table) and Chapter 6 (sustainability). The advent of the Lifecourse
Institute has been a critical lens through which the CDLP’s Business Plan has been developed.
Key Messages from Consultation
Stakeholder consultation was a significant part of the business planning process. Participants
were asked questions to complete a SWOT Analysis (strengths, weaknesses, opportunities and
threats) as well as to contribute to the Impact Assessment. Stakeholder groups included:
•
Policy makers and government
•
Civil society organisations
•
Other academic research institutes and researchers
•
CDLP Board of Management and Advisory Forum members
•
Current and former students of the CDLP (e.g. PhDs, Summer School participants, etc)
•
People from the disabilities community
•
Service providers
•
NUI Galway faculty members
•
Philanthropic organisations (e.g. Galway University Foundation, Atlantic Philanthropies)
Section 2.4 in the Business Plan provides a summary of the strengths, weaknesses,
opportunities and threats identified in this process. Some of the key messages include:
•
Prof. Gerard Quinn is one of the CDLP’s greatest strengths due to his experience,
network and relationships internationally and nationally - strength
•
The CDLP’s understanding of International / EU law and policy and its application to
Irish law and policy is a unique strength - strength
•
There is a need to enhance the positioning and profile of the CDLP at national level –
area for improvement
•
There is a need to engage more with civil society members and to have “academic
rigour with a practical application” – area for improvement
•
The CDLP’s active participation in the Lifecourse Institute is seen as an opportunity –
opportunity
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Centre for Disability Law and Policy
•
There is an opportunity to produce more practical research – opportunity
•
There is an opportunity to enhance collaboration with service providers – opportunity
•
The current economic climate and the reduction in public funding for the disabilities
sector could present a challenge to the CDLP – challenge / threat
•
Fragmentation of “disability” at Government level could present a challenge for the
CDLP. This could also present an opportunity – challenge / threat
Chapter 2 aims to describe how the process of reforming disability legislation and policy in
Ireland is in progress, but not yet in place. The main driver of change is the UN Convention for
the Rights of People with Disability. However, this has not yet been ratified in Ireland and there
is still work to be done. The CDLP is a major proponent of ratification as has been evidenced in
their work.
Major barriers still exist in Ireland. Such barriers include: the lack of modern legal capacity
legislation, blockages to independent living, an unappreciation of new opportunities that could
be exploited with relatively minor policy nudges, etc. The CDLP has identified and validated
these barriers through its research and other work products, collaboration, relationships and
network. Through this Business Plan the Centre is re-positioning itself to provide legislative and
policy solutions to remove the blockages that currently exist.
From the responses received throughout the consultation it is clear that the CDLP and Prof.
Quinn have a high profile outside of Ireland however it has been suggested that there is a need
for the Centre to increase awareness within Ireland and to engage further with national policymakers. A number of opportunities are open to the CDLP, these opportunities have the
potential to benefit the disability community, policy makers, the sector as a whole.
Chapter 3: Impact Assessment
As part of the business planning process, an Impact Assessment was conducted to evaluate
the impact of the CDLP’s work to date against the Strategic Objectives set out in the Centre’s
Strategic Plan 2008-2012.
The Programme Logic Model (PLM) methodology (see below) was used to undertake the
impact assessment of the CDLP. The PLM forms the basis for the evaluation of the impact of
the CDLP’s inputs, activities and outputs.
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Centre for Disability Law and Policy
Chapter 3 lists all of the Centre’s achievements to date according to each of the original six
Strategic Objectives. Through a comprehensive consultation process and reference and citation
scanning exercise the impact of the CDLP’s work was reviewed against five key criteria:
1. Relevance

The extent to which the outputs of the CDLP are purposeful, timely and
perceived to be of benefit
2. Case for change

The extent to which the outputs of the CDLP build confidence among
stakeholders and strengthen the argument for change
3. Awareness

The extent to which the outputs of the CDLP increase stakeholder awareness
around key disability issues and help raise the Centre’s profile
4. Accessibility/usability

The extent to which the outputs of the CDLP can be easily accessed and
understood, particularly by persons with a disability
5. Service impact

The extent to which the outputs of the CDLP result in/enact changes to service
provision for the disabled community
A summary of the findings against each Strategic Objective are outlined below.
Strategic Objective 1: Thematic Research
•
The independent research undertaken by the CDLP is considered relevant, helps build
the case for change, raises awareness of disability issues and is accessible
•
The research audience to date has been very academic and there is a call to have a
more practical approach
•
The research currently does not have a strong service impact
Strategic Objective 2: Disability Baseline
•
The CDLP has completed its study on ‘Advancing the National Disability Strategy:
Building on Comparative and International Innovation’ which was launched at a
conference in December 2010
•
The study and the conference on the study’s main findings has helped to raise
awareness around the issues relating to Ireland’s National Disability Strategy and
comparable strategies across the world
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Centre for Disability Law and Policy
Strategic Objective 3: Spreading Knowledge
•
This is one of the areas the CDLP demonstrated high ranking in relevance and case for
change
•
More work needs to be done at national and local level, which was supported by the
feedback from the Local Consultation Group and individual consultation with key
stakeholders
Strategic Objective 4: Educational Programmes
•
Based on the survey findings and consultation interviews it was concluded that all of the
CDLP’s educational programmes are highly regarded
•
It is envisaged that the growing network of graduates will become future policy
entrepreneurs and continue to raise awareness of disability issues through their own
networks
Strategic Objective 5: Collaboration
•
The CDLP is recognised for its collaborative approach to research and other projects
•
The work resulting from collaboration with other organisations is helping to build a case
for change
•
Collaborative engagements are focused mainly at an international level
Strategic Objective 6: Resources and Structures
•
The CDLP has made significant strides in achieving the goals set out in Strategic
Objective six, particularly in securing funding internationally, and has experienced rapid
growth to date
•
The CDLP has secured impressive international grants e.g. EU Framework 7 Grant
•
CDLP is now at capacity terms of being able to deliver on the work it has set out to do
The CDLP is committed and eager to building on its successes to date and leveraging the
impressive outputs and networks that have been established internationally and nationally. The
second half of this Business Plan – looking forward – outlines how the CDLP intends to do this.
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Centre for Disability Law and Policy
Chapter 4: Strategic Direction of the CDLP
A Steering Committee was established to help develop the Business Plan over the course of a
series of Workshops and other meetings. Chapter 4 details the CDLP’s future focus under the
following sections:
•
Vision and mission
•
Priority areas of focus
•
Strategic objectives
•
Intended outcomes
The Lifecourse Institute was considered throughout the strategic direction development
process.
CDLP’s Renewed Vision & Mission
The following statements reflect the revised vision and mission of the CDLP.
VISION
A world where people with disabilities have choice and equal opportunities
throughout their lives.
Mission
The CDLP works to bring about change in disability law and policy through research
and education in active partnership with the community.
Priority Areas of Focus and Rationale
A diagram was developed to illustrate the priority areas of focus for the CDLP over the course
of the Business Plan. The core elements reflected in the diagram (overleaf) are: research,
education and civic engagement, with a central theme of change. Research and education are
the core activities the Centre aims to engage in to bring about and affect change. Civic
engagement and advocacy underpin all that the CDLP does. Within this framework, all of the
CDLP’s work is informed by the UN Convention on the Rights of Persons with Disabilities and
European Union law and policy.
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Centre for Disability Law and Policy
The CDLP recognises it is not working in a vacuum but rather is part of the wider University
community. As such it is important to illustrate the Lifecourse Institute umbrella guiding the
CDLP’s work within the University setting.
Strategic Objectives
In this Business Plan the CDLP has identified four priority areas with change being the thread
that ties each together:
1. Priority area1: research that drives change
2. Priority area 2: education for change agents
3. Priority area 3: civic engagement for impact
4. Priority area 4: sustainability
Within these priority areas the Centre has set out ten Strategic Objectives. Figure 5 (overleaf)
outlines the ten objectives, illustrated in the following diagram. Section 4.4 describes each of
the priority areas and objectives in detail.
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Centre for Disability Law and Policy
Intended Outcomes
The final section of Chapter 4 identified the CDLP’s intended outcomes against each of the
Strategic Objectives. The table below summarises this.
Priority Area
Research that drives
change
Strategic Objectives
3-Year Outcomes
1. Channel research activity to
nudge maximum strategic
change.
Ratification by Ireland of the
UN Convention on the Rights
of Persons with Disabilities.
2. Put into practice a flexible &
participatory model of doing
research.
Innovative
&
reformed
legislation & policy in Ireland
on legal capacity, Mental
Health
law,
personalised
budgets, wealth accumulation
(trust funds), eAccessibility.
3. Optimise international, national
and local research network
activity to enhance credibility.
4. Monitor research for impact
and adjust product and
methods as needed.
Active membership of leading
international
research
networks.
An
accessible
bank
of
information
on
research,
impact and change.
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Centre for Disability Law and Policy
Priority Area
Strategic Objectives
5. Design educational platforms
to form the next generation of
disability policy entrepreneurs.
Education for Change
Agents
6. Spread knowledge and skills
through others to reach a
broader constituency for
change.
7. Identify new ways of
reaching/engaging persons
with disabilities to embed the
principle of “nothing about us
without us.”
Civic Engagement for
Impact
8. Facilitate the emergence of a
strong voice in civil society to
lay the groundwork for a
sustainable process of change.
9. Develop alternative
mechanisms for disseminating
research knowledge to
disability community.
10. Build a sustainable
Sustainability
organisation that is always
learning and relevant. 3-Year Outcomes
New cadre of disability activists
emerging in Ireland – and
internationally - with the skills
to engage successfully in the
political process.
Widespread knowledge about
the UN convention and similar
instruments for change in
Ireland and clear progress
toward framing grievances in
the language of social justice
and rights.
Growing
confidence
and
stridency in the disability
community to stand up for their
rights
and
advocate
for
change.
A literate civil society with
access to knowledge.
A politically astute civil society
sector able to use research to
advance change.
One of the world’s premiere
sites for research, education
and civic engagement on the
rights
of
persons
with
disabilities.
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Centre for Disability Law and Policy
Chapter 5: How we Intend to Deliver on our Outcomes
Chapter 5 describes how we intend to deliver on the Strategic Objectives and outcomes of the
CDLP. This is detailed in the following sections:
•
Assumptions
•
Activities and outputs
•
Logic Model
•
Evaluation
The Business Plan is based on the assumptions that resources will be available to deliver on
the proposed activities, the Lifecourse Institute will indeed be established as currently planned,
and that there will be an ongoing human resource capacity at the CDLP.
Section 5.2 includes a detailed activity table which outlines the core activities against each
Strategic Objective, the expected outputs from each intended action, the proposed completion
timeframe and the indicators with which the CDLP can measure success. Under Strategic
Objective 1: Channel research activity to produce maximum strategic change, key Irish/Civil
Society partners and international partners have been identified. Not only does this reflect the
CDLP’s intent to increase the Centre’s presence and activity nationally, it also reinforces our
commitment to work collaboratively on all of our work packages.
The Logic Model is a tool often used by Atlantic Philanthropies to summarise the intended
impact of an organisation’s work looking at the following components:
•
Inputs and resources required to deliver the Business Plan
•
Core activities in which the CDLP intends to engage
•
Proposed outputs of direct results of the activities
•
Intended outcomes of change the CDLP hopes to bring about over the short, medium
and long-term.
Figure 7 in the Business Plan illustrates the CDLP’s Logic Model.
Also included in this Chapter is the CDLP’s commitment to regular evaluation.
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Chapter 6: Implementation & Critical Success Factors
Chapter 6 outlines a high-level implementation plan mapping the proposed activities against
each of the three years of the Business Plan. Also described in this Chapter are the critical
success factors that need to be considered to support the successful implementation of the
Business Plan. These include:
•
Attaining the necessary financial resources
•
Sustainability and leadership
•
Alignment with the Lifecourse Institute
•
Appropriate organisation structure and reporting mechanisms
•
Retaining, recruiting and developing staff
•
Generating and maintaining staff but-in
•
Support from key external stakeholders
•
Putting the Business Plan on a project management footing
•
Expanding services while maintaining quality
Chapter 7: Summary
Chapter 7 provides a short summary of the key takeaways from the Business Plan. The
process was a robust, evaluating the CDLP’s current governance structure, assessing the
impact of the Centre’s progress and achievements since the original Atlantic Philanthropies
grant, and from these findings considering how the Centre can leverage and build on this work
to have a greater impact and help bring about change. The key lessons learned in this process
are outlined in the summary chapter.
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____________________________
CHAPTER 1
INTRODUCTION
____________________________
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Centre for Disability Law and Policy
1. Introduction
1.1 Background to the Centre for Disability Law and Policy
The Centre for Disability Law & Policy (CDLP) first emerged as an informal Research Unit in the
Faculty of Law at NUI Galway in 2001. It provided a platform that brought together the scholarly
efforts of many in the Faculty who had been working on disability issues in Ireland and
internationally since the early 1990s. The Centre was formally established in 2008.
The CDLP’s operating philosophy is ‘scholarship in action’ which entails research that
addresses the problems that ordinary citizens face and providing practical policy solutions. The
Centre produces research that provides legislative and policy blueprints for change, informs
Government about policy options based on international innovation and equips advocacy
groups with a broader range of argumentative strategies to advance change.
The pursuit of equal opportunities and social justice for persons with disabilities inspires the
work of the work of the Centre. Central to this is a paradigm shift away from viewing persons
with disabilities as ‘objects’ to be managed or cared for to ‘subjects’ deserving equal rights and
respect. The main aim of the equal opportunities model is to give voice and power back to
persons with disabilities over their own lives, enable persons with disabilities to live
independently and in the community, break down barriers (including attitudinal) to inclusion,
optimise new opportunities (especially new economic opportunities) and ensure that social
supports do not entrap people but genuinely expand personal freedom.
The field grew first in the United States through innovations such as the Americans with
Disabilities Act (1990). It is now a global phenomenon. The United Nations Convention on the
Rights of Persons with Disabilities in 2007 is having a dramatic impact in shaping the worldwide
reform agenda. The Convention has been ratified by the European Union which means EU
disability law and policy will have an increasingly influential effect on Irish law and policy.
Ireland has yet to ratify but will do once legal capacity legislation is enacted. The United States
has signed and a ratification process is expected to take place in the US Senate soon. US
ratification will intensify US/EU policy cooperation on disability which is already underway.
Ireland can only benefit from this. The UN is currently considering drafting a new convention on
the rights of the elderly which, given demographic trends, will also be significnt in the disability
field.
The CDLP is at the end of its first phase of existence. Since the benchmarks for change are
now genuinely international the CDLP has already built up a strong research network
throughout the world. It interacts proactively with key research centres such as the Harvard
Project on Disability (HPOD) and the Burton Blatt Institute (Syracuse University). It is engaged
with and helps lead many European research networks including the EU-funded Academic
Network of Experts on Disability (ANED). It plays a leading role in advising such bodies as the
SOROS-OSI, Human Rights Watch and the European Foundation Centre on their activities with
respect to the UN Convention on the Rights of Persons with Disabilities. The CDLP also
partners with a range of national research bodies on disability in Ireland (UCD Disability Studies
programme, the National Institute on Intellectal Disability, Disability Action, Belfast). And it has
had major success in securing research project funding particularly in the EU.
The Centre is now poised for the next stage in its development. The economic downturn
means that some issues that were avoided in the past by the Government can no longer be
postponed. And the advent of the UN Convention is providing a much clearer picture of what
change is needed. New working methods are sure to grow and magnify the effect of the
Centre’s work with the emergence of the Lifecourse Institute within the University (comprising
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Centre for Disability Law and Policy
the CDLP as well as the Irish Centre for Social Gerontology and the Child & Family Research
Centre).
The purpose of this Busienss Plan is to learn from the past, to take stock of the changing
environment that poses new challeneges but also presents new opportunities and to plot a
course over the next 3 years.
1.2 Developing the Business Plan
The Centre adopted a Strategic Plan (2008-2012) with an associated Business Plan (20082010). It was timely for the Centre to develop a new Business Plan for July 2011-June 2014.
The objective of the new Business Plan development process was to review current operations
against the existing strategy, absorb relevant lessons especially concerning impact of the work
to date on the process of change and, accordingly, adjust its focus for the next three years and
develop a new Business Plan that clearly outlines the strategic intent and implementation
approach for operations from July 2011 (Q3) to June 2014 (Q3).
The business planning process was facilitated and driven by Prospectus Strategy Consultants
in collaboration with the CDLP Steering Group. Members of the Business Plan Steering Group
are listed in Appendix 1.
In developing the Business Plan the following elements were considered:
•
Progress made to date, lessons learned, and the challenges and opportunities
experienced therein (based on an Implementation Review of the Strategic Plan 2008 –
2012).
•
The current environment (political, economic and social) within which the CDLP is
operating, and how this is be evolving to generate new opportunities as well as
challenges for change.
•
Ambitions of the CDLP and key strategic priorities and new working methods to support
the achievement of these.
The approach taken in developing the Business Plan was highly consultative and based on a
series of workshops. It progressed over a series of three steps, as illustrated in Figure 1.
Figure 1 Business Plan Approach
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Section 2.4 outlines the comprehensive consultation process. Appendix 1 provides a full list of
those consulted.
The Business Plan was developed at a strategically significant period in the lifetime of the
Centre. To date, the CDLP has had a real impact in advancing disability law and policy in
Ireland (indeed Europe) since its formal establishment in 2008. The focus of the CDLP on
utilising research to inform necessary reforms has achieved an impressive level of traction
amongst key stakeholders. The challenge to continuously convert this traction to reform will
remain throughout the duration of this Business Plan.
One major lesson from the work to date is the need to work more flexibly as policy opportunities
emerge and to tailor that work to best optimise those opportunities. Another lesson has been to
work even more interactively and to partner more visibly with civil society groups to enhance
impact and with international research peers to enhance credibility. This should lead to more
joint branding of research with key civil society advocacy groups and international peers. Yet
another lesson is to follow-through more intensively with research to ensure that it reaches the
intended audience (especially within Government and Parliament). The Centre has pioneered
with a Parliamentary Briefing on the UN Convention and more such Parliamentary Briefings will
take place in future.
Given the economic pressures being exerted on all centres of similar mandates and missions,
the Centre needs to further drive the efficient use of available resources. In particular, during
the business planning development process consideration was given to how best to further
collaborate with the Lifecourse Institute (Centre for Child & Family Support and the Centre for
Social Gerontology) as a means to (1) continue to advance lifecycle approaches to policy
development and (2) to enhance the effectiveness of the three partners on a collective basis.
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Centre for Disability Law and Policy
1.3 Objectives of the Business Plan
The objectives of the 2011 – 2014 Business Plan for the Centre for Disability Law and Policy
are to:
•
Assess the environment and context within which the CDLP is working, identifying the
organisation’s progress to date and the key opportunities and challenges for
consideration.
•
Define the strategic focus of the CDLP for the next three years.
•
Consider possible refinements to the existing vision and key priority areas.
•
Define strategic objectives to enable delivery on the vision.
•
Identify outcomes and core activities for the CDLP which will support the achievement
of the strategic objectives.
•
Outline an implementation approach based on an agreed action plan.
•
Identify key governance and organisational implications of the business plan including
key risks to be managed.
•
Propose key relationships or partnerships as appropriate.
•
Estimate the three year budget.
•
Describe an evaluation process to assess progress against defined outcomes.
21
Centre for Disability Law and Policy
____________________________
CHAPTER 2
ENVIRONMENTAL CONTEXT
____________________________
22
Centre for Disability Law and Policy
2. Environmental Context
A critical first step in developing the Business Plan is to understand the evolving environmental
landscape in which the CDLP currently operates. This section provides an overview of:
•
Relevant law and policy at an International, European and National level that is driving
the work being undertaken by the CDLP
•
Key trends in the sector and critical barriers to reform
•
The development of the Lifecourse Institute which offers a new way of working and
impacting
•
Findings from consultation with key external stakeholders.
2.1 Overview of Relevant Law and Policy
There are a number of key legal and policy instruments in Ireland that are shaping the disability
reform agenda and the opportunities for change. And the international dimension has been
growing in significance since the launch of the Centre in 2008. The Irish agenda will
increasingly be influenced by EU law and policy which is, in turn, informed by UN
developments. Thanks to the UN Convention (and the EU agenda which is largely based on it)
it is no longer an option simply to stall reform (as in the past) until money becomes available.
The major drivers of change which set the context for this business plan are presented below.
2.1.1 United Nations Convention on the Rights of Persons with Disabilities
The United Nations General Assembly adopted the first ever global treaty on the protection and
promotion of the rights of persons with disabilities, the Convention on the Rights of People with
1
th
Disabilities (CRPD) and its Optional Protocol on 13 December 2006. It is inspired in large
measure by US disability law (especially the equal opportunities/non-discrimination approach).
It goes beyond it by adding a broader social justice dimesnion in the form of tailored economic
and social rights.
rd
Upon the twentieth ratification the Convention entered into force on 3 May 2008. There are
currently 147 signatories to the Convention and 99 States, including the European Union (as a
Regional Integration Organisation) have ratified it. There are 90 signatories to the Optional
Protocol (allowing for a system of complaints) and 61 ratifications.
The purpose of the Comventi onis to secure the full and equal enjoyment of all (existing) human
rights for persons with disabilities. It does not create new rights or even disability rights. It
seeks ther equal enjoyment of all rights by and for persons with disabilities.
According to the UN Secretariat for the Convention “the Convention marks a paradigm shift in
attitudes and approaches to persons with disabilities. It takes to a new height the movement
from viewing persons with disabilities as objects of charity, medical treatment and social
protection towards viewing persons with disabilities as subjects with rights, who are capable of
claiming those rights and making decisions for their lives based on their free and informed
2
consent as well as being active members of society” .
1
Convention on the Rights of Persons with Disabilities and Optional Protocol, United Nations
http://www.un.org/disabilities/documents/convention/convoptprot-e.pdf
2
Enable, United Nations
http://www.un.org/disabilities/default.asp?navid=13&pid=150
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Centre for Disability Law and Policy
The implementation of the Convention is monitored at national and international level and each
country that has ratified the Convention is required to submit regular progress reports on its
implementation. State Parties to the Convention are expected to adopt domestic laws
prohibiting discrimination on the basis of disability and eliminate existing discriminatory laws.
The EU (as an international organisation separate from its Member States) ratified the
Convention in December 2010. This means fresh EU legislation will be proposed (as has been
already promised in the new EU Strategy: 2010-2020), EU financial tools will be modified (e.g.,
EU Structural Funds to disadvantaged parts of the EU), existing legislation will be interpreted by
the European Court of Justice in accordance with the Convention and Development Aid and
Humanitarian Assistance will be modified to be more inclusive. Intensified coordination
between the Member States (with respect to matters that lie within their competence) can also
be expected. In short, it will never be possible to conduct Irish disability law and policy reform
in isolation again.
2.1.2
European Legislation and Policy
Both the European Union and the Council of Europe are important background players in the
reform process in Ireland. Both take seriously the achievement of social justice and equal
opportunities for persons with disabilities. Both have adopted disability strategies. The
European Union’s ratification of the Convention makes it an important conduit for more global
thinking in the Irish context.
EU Ratification of the UN Convention on the Rights of Persons with Disabilities
The EU (alongside 17 of its Member States) ratified the UN disability convention in December
2010. This is a historic first for the EU. It sets a precedent for the ratification by the EU of other
international human rights instruments.
The Convention has ‘quasi constitutional status’ in the EU – hovering somewhere between
treaty law (treaties founding the Union) and legislation (Regulations, Directives). It is important
to understand that legislation adopted on foot of the convention overrides national legislation to
the contrary as well as national Constitutional provisions to the contrary. The Convention does
not create new legal competencies at EU level. But it latches on to those competencies where
they already exist. Principally these concern non-discrimination (Article 13 of the Treaty of
th
Amsterdam – a version of the US 14 Amendment) and market harmonisation powers (a
version of the US Inter State Commerce clause). These powers have been broadly construed
in the past and they are wide enough to support EU legislative measures on accessibility.
Where the EU lacks competence (e.g., health law) it nevertheless has a role to play in enabling
the Member States to coordinate their reform strategies. It is highly likely that the EU will adopt
an enhanced coordination mechanism toward this end. One way or the other, Ireland will be
unavoidably engaged in a deeper process of dialogue and change than hitherto.
The European Commission (which enjoys the sole prerogative to propose EU legislation) will
act as the ‘focal point’ within the EU institutions on the UN Convention. The European
Fundamental Rights Agency (somewhat akin to the US Civil Rights Commission) is stepping up
its disability related activities with a focus on legal capacity issues and political rights.
The failure (so far) of Ireland to ratify does not affect these legal powers in the EU. That is, the
Union can legislate even without Irish ratification. The Convention is therefore set to provide
the most important guide and reference point for the future development of EU disability law
and policy – a rapidly growing field.
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Centre for Disability Law and Policy
New European Union Disability Strategy: 2010 – 2020
3
The European Union began to craft its own disability strategy in 2004. A Disability Action Plan
was adopted in 2004 to follow on from the Euroepan Year of People with Disabilities (2003).
The three objectives of the DAP 2004 - 2010 were:
1. Achieving full implementation of the Equal Treatment in Employment Directive
(equivalent to Title I of the Americans with Disabilities Act): so far, this is the only EU
non-discrimination legislative instrument to apply to persons with disabilities,
2. Reinforcing mainstreaming of disability issues in relevant Community policies, and
3. Improving accessibility for all.
In November 2010 the European Commission launched a new European Disability Strategy
4
2010-2020 . The Strategy aims to break down barriers that prevent persons with disabilities
from participating in society on an equal basis. The Strategy is explicitly intended to build on
and give effect to the UN Convention of Rights of Persons with Disabilities as well as the EU
Charter of Fundamental Rights (an evolving Bill of Rights for the EU), the Treaty on the
Functioning of the European Union (which creates new streamlined legislative mechanisms).
The Commission also intends to make use of all related strategies such as the Europe 2020
Strategy (harnessing European efforts at building a smart, sustainable and inclusive economy).
There are eight areas of action identified by the 2010-2020 Strategy; Accessibility, Participation,
Equality, Employment, Education and Training, Social Protection, Health and External Action.
The Commission will report on the progress achieved through the Strategy by the end of 2013.
Of particular importance from the perspective of its legislative agenda, the 2010-2020 Strategy
promises European level legislation on accessibility. This would be the functional equivalently
of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) – a breach of which is a
form of discrimination. It is highly likely that the EU will prioritise eAccessibility legislation. This
is because it will lead to increased levels of economic activity, more economic empowerment of
persons with disabilities (and older people) as market participants (consumers) and because
industry is in favour of a level European playing field. The Centre has already played a leading
role in modelling what such a legislative response might look like for DG Information Society in
the European Commission and is ready to capitalise on this legislative opportunity for impact. It
is a good example of where a Lifecourse perspective adds value.
Council of Europe Disability Action Plan (2006-2015)
The EU’s sister organisation – the Council of Europe - focuses more on human rights. Unlike
the EU it does not focus on economic integration and cannot legislate with continent-wide
effect. Instead it adopts treaties (especially important human rights treaties such as the
European Convention on Human Rights: ECHR) and gives guidance to reform by setting (nonbinding) European standards.
5
It too has adopted a Disability Action Plan (2006-2015) to promote the rights and full
participation of people with disabilities in society and improve the quality of life of people with
3
Equal Opportunities for People with Disabilities: A European Action Plan, Commission of the European Union, 2003
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2003:0650:FIN:EN:PDF
4
European Disability Strategy 2010-2020: A Renewed Commitment to a Barrier-Free Europe, COM( 2010) 636 Final
Communication from the Commission to the European Parliament, the Council, the European Economic and Social
Committee and the Committee of the Regions, Brussels, 15.11.2010
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0636:FIN:EN:PDF
5
Council of Europe Action Plan to promote the rights and full participation of people with disabilities in society:
improving the quality of life of people with disabilities in Europe 2006-2015, Council of Europe, 2006
25
Centre for Disability Law and Policy
disabilities (launched in 2006). With the Plan, the Council of Europe seeks to translate the aims
of the Council with regard to human rights, non-discrimination, equal opportunities, full
citizenship and participation of people with disabilities into a European policy framework on
disability over the course of the Plan. It encourages its Member States (currently 47) to respond
to the needs of people with disabilities by providing quality and innovative services and
consolidating measures already in place.
The Action Plan sets out 15 Action Lines which indentifies specific actions to be implemented
by member states. Action Lines include; Participation in political and public life, Education,
Employment, Transport, Health Care, Community Living, Social and Legal Protection. The
Governments of Member States are responsible for implementing disability policies at national
level, and for implementing the specific actions referring to them under each action line.
The European Court of Human Rights is beginning to get active on disability issues. It has
begun to take an active interest in the concept of personhood and legal capacity. It has even
invoked the UN Convention (to aid in the interpretation of the ECHR) against a European
6
country (Switzerland) that has not even signed the UN Convention (Glor v Switzerland).
Developments within the human rights treaty organs of the Council of Euriope are important in
themselves. Just as importantly, they help inform the EU legislative process sicne the EU is
becoming steadily more aligned with the human rights norms of the Council of Europe.
2.1.3 The Irish Reform Process
The commitment to the equal opportunities model began in Ireland in the mid-1990s. It was
principally inspired by US disability law and policy. The landmark Report of the Commission on
the Status of Persons with Disabilities (Equal Citizens: 1996) triggered a massive reform
movement. By now, Ireland has a rich framework of domestic legislation and policies on
disability. One big challenge is to implement this legislation – especially in times of austerity. A
deeper conceptual challenge is to re-frame much of this legislation to bring it into closer
alignment with the UN Convention.
Despite major international developments, national legislation and policy will continue to be
important sources of change. The UN states that “domestic legislation remains one of the most
7
effective means of facilitating social change and improving the status of disabled persons.”
And EU legislation (typically a Directive) often allows much for experimentation at the domestic
level.
Ireland signed the UN Convention on the Rights of Persons with Disabilities in March 2007 but
has yet to ratify. The main reason for this delay is that Ireland has outdated legislation on legal
capacity which is not in compliance with the Convention. However, there is a clear commitment
on the part of the new Government (2011 Programme for Government) to introduce a Mental
8
Capacity Bill that is in line with the UN convention and to conduct a second review the Mental
Health Act 2001. This creates clear opportunities for the Centre to have impact. Fresh legal
capacity legislation should pave the way for Ireland’s ratification of the Convention. Whether
Ireland ratifies or not the Convention will indirectly apply through EU law. Of course, it would be
https://wcd.coe.int/wcd/ViewDoc.jsp?Ref=Rec(2006)5&Sector=secCM&Language=lanEnglish&Ver=original&BackColorI
nternet=9999CC&BackColorIntranet=FFBB55&BackColorLogged=FFAC75
6
7
See http://www.mdac.info/category/tags/glor-v-switzerland
Overview of International Legal Frameworks for Disability Legislation, enable, United Nations
http://www.un.org/esa/socdev/enable/disovlf.htm
8
Government for National Recovery 2011 – 2016, February 2011
Government Programme for National Recovery 2011 -2016
http://www.socialjustice.ie/sites/default/files/file/Government%20Docs%20etc/2011-03-06%20
%20Programme%20for%20Government%202011-2016.pdf
26
Centre for Disability Law and Policy
better to have full ratification to maximise its impact (especially in fields that EU law does not
cover).
What follows is a brief account of Irish non-discrimination law, legislation underpinning the
National Disability Strategy, legislation in related fields (e.g., education) and major policy
initiatives. Ireland won the Roosevelt Prize in the late 1990s for its innovation on nondiscrimination law and disability.
Non-Discrimination Law
Employment Discrimination: Employment Equality Acts, 1998 and 2004
The Employment Equality Acts 1998 and 2004 prohibit direct and indirect discrimination at work
and in employment conditions on nine grounds, one of which is disability. The signing into law
of the Equality Act, 2004 in July 2004 has led to significant changes to both the Employment
Equality Act, 1998-2004, and Equal Status Act, 2000-2004. The Employment Equality Act,
1998-2004 covers public and private sector employees. Discrimination in areas of employment
such as discrimination by employers, in collective agreements, in the advertising of jobs and by
employment agencies is outlawed by the Act.
It bears emphasising that the Irish Supreme Court effectively ruled in 1997 that the obligation of
‘reasonable accommodation’ on the part of employers was a form of ‘taking’ of private property
without compensation – thus rendering the most important part of the early legislation
unconstitutional. This was only ‘cured’ when the EU adopted its Framework Employment
Directive in 2000. In other words a constitutional infirmity in the Irish legislation was cured at
EU level (without the need for an Irish Constitutional amendment). This vividly demonstrates
the value of the EU dimension.
The Equality Tribunal deals with complaints from anyone who feels that they have been
discriminated against under the Employment Equality Act, the Equal Status Act, or the
Pensions Acts 1990-2004.
Discrimination with Respect to Goods & Services: Equal Status Acts 2000 and 2004
The Equal Status Act 2000 was amended by the Equality Act 2004 and, as amended, it is
entitled the Equal Status Act, 2000-2004. It is the functional equivalent of Title III of the
Americans with Disabilities Act (prohibiting discrimination with respect to ‘public
accommodations’ – meaning the provision of private goods and services).
The aforementioned Irish Supreme Court decision of 1997 also invalidated the concept of
‘reasonable accommodation’ in the original Equal Status legislation. Unfortunately – and
directly due to the fact that the only Directive adopted by the EU on disability only covers
employment so far – the legislation contains a cap on how much can be spent by services in
providing ‘reasonable accommodation (cap of ‘nominal cost’).’ This has not had such a huge
impact in practice. It can only be cured by Constitutional amendment (highly unlikely) or an EU
Directive on non-discrimination with respect to goods & services. A draft Directive on this at EU
level has been stalled (mainly because of opposition from East European EU Member States
on any extension of protection on the grounds of sexual orientation).
The Act prohibits discrimination in a number of areas but it relates mainly to the provision of
services.
27
Centre for Disability Law and Policy
Legislation underpinning the National Disability Strategy 2004
In September 2004, the Government launched the first ever National Disability Strategy. The
view was taken that non-discrimination law was not enough. Somehow or other, the
achievement of non-discrimination law should be better linked with the web of positive action
measures and programmes then in pace and that they too should be given a clear legislative
basis. Curiously, there is no dedicated website for the Strategy and its various parts. Indeed,
the review mechanism does not fare well when benchmarked against similar strategies
internationally and scores particularly poorly on representativeness and transparency.
The Strategy has a number of key components, which can be divided into legislative, policy and
programmatic elements. Each of these three elements will be discussed in turn here.
National Disability Strategy: Legislation
•
Disability Act 2005
9
The Disability Act 2005 was enacted in July 2005 in order to advance the
participation by people with disabilities in everyday life. The Act imposes
obligations on Government Departments and on Public Bodies to work towards
improving the quality of life of people with disabilities. The Disability Acts main
aims are to provide for:
o
Assessment of health and education needs of people with disabilities
o
Provision of resources to meet those needs
o
Making of plans for services
o
Complaints and appeals procedures
o
Access to public buildings, services and public service employment
o
Restrictions on genetic testing
10
The delivery of individual health, education and personal social services for
people with disabilities is covered in Part 2 of the Act. It establishes that people
with disabilities have a statutory entitlement to an impartial independent
assessment of needs. Investment in this services sector for people with
disabilities has been historically underfunded. However with the onset of the
recession, the inverstment in the infrastructure needed to carry out the needs
assessments and the resulting services has been limited and this has lead to
11
limited implementation of this provision. The Act provides for complaints
regarding the needs assessment process and for an independent appeal
process. Standards for this need assessment process have been developed
through national consultation by the Health Information and Quality Authority.
There is no equivalent to the Act in US law although sucessive Administrations
have announced their own stragies (e.g., New Freedom Initative).
9
Disability Act 2005, Irish Statute Book
http://www.irishstatutebook.ie/2005/en/act/pub/0014/index.html
Disability Act, 2005, Assist Ireland
http://www.assistireland.ie/eng/Information/Education/Relevant_Legislation/Disability_Act,_2005.html
11
For further details on this see Disability Federation submission to Irelands Universal Periodic Review
http://www.disability-federation.ie/index.php?uniqueID=10324
10
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Centre for Disability Law and Policy
A key problematic in the original legislation was the removal of any means of
litigation in order to enforce socio-economic entitlements. This led to a
compromise wherby there may be legal recourse but strictly on a ‘point of law.’
The Centre has been active in the review of this legislation.
•
The Education of Persons with Special Education Needs Act 2004
The Education of Persons with Special Education Needs Act was enacted to
give effect to the right to education in the Irish Constitution. It provides for an
assessment of children’s educational needs and the allocation of resources to
meet those needs, with an emphasis on including children into mainstream
education where appropriate. It is a much weaker version of the US Individuals
with Disabilities Education Act (IDEA). It was intended to give statutory effect to
the constitutional right to education in Ireland. Unfortunately that right – in the
context of disability - was given a very narrow interpretation by the Irish Supreme
Court in the past 10 years.
The Act established the National Council for Special Education (NCSE). Under
the 2004 Act, three separate Ministers have responsibilities in relation to special
educational provision: the Minister for Education and Science, the Minister for
Health and Children and the Minister for Finance. The Act is viewed as having a
number of shortcomings such as the most significant rights are limited by the
(un)availability of resources. The Act also allows for a number of opt-out clauses
whereby a child with special educational needs may not be educated in an
inclusive environment. In addition, the Act is limited to children under the age of
18 which does not benefit large numbers who had been effectively excluded
12
from the education system and are now in their 20s and 30s. The provisions of
this Act relating to assessments of need and individual education plans have not
yet been commenced. This means that the primary purpose of the Act is not
currently being fulfilled.
•
The Citizens Information Act 2007
13
The Citizens Information Act 2007 gives legislative responsibility to the Citizens
Information Board to develop advocacy services for people with disabilities. It
sets out the development of the Personal Advocacy Service for people with a
disability and how the Board decides the terms and conditions under which
information, advice and advocacy services are provided by Citizens Information
Services and other voluntary bodies. The Personal Advocacy Service set out in
the Act aims to ensure access to services for people with disabilities who, due to
a disability, have difficulty in asserting or enforcing their statutory entitlements.
As of March 2011, the new National Advocacy Service (NAS) for people with
disabilities has been launched by the Minister for Social Protection. This service
contains many of the elements envisaged in the Personal Advocacy Service, and
its establishment was based on an evaluation of the community and voluntary
advocacy pilot projects funded by the Department of Social Protection from 2005
to 2009. The NAS has five regional offices, and each regional team contains at
12
ANED Country Report on Equality and Training Opportunities for Young Disabled People, ANED, 2007
http://www.disabilityeurope.net/content/pdf/Report%20on%20equality%20of%20educational%20and%20training%20op
portunities%20for%20young%20disabled%20people%20-%20Ireland.pdf
13
Citizens Information Act 2007
http://www.oireachtas.ie/documents/bills28/acts/2007/a207.pdf
29
Centre for Disability Law and Policy
least one senior advocate, as well as the regional advocates and regional
managers. However, the powers to enter premises, obtain information on a
client, and secure co-operation from service providers, set out in the 2007 Act
are not yet in force. It is envisaged that a review of the NAS will be carried out
after 12-18 months to determine whether it is necessary to introduce such
powers.
National Disability Strategy: Policy
•
Sectoral Plans
Section 31 of the Disability Act requires six of the key government departments
to publish a Sectoral Plan which details how they will give effect to the Act. The
Sectoral Plans, which include targets and timetables, cover communications,
employment, environment, health, social welfare and transport. There is no plan
for the Department of Eduction, as the Education for Persons with Special
Educational Needs Act 2004 was intended to represent the plan for the
Department of Education; however, this Act has not yet commenced. The first
Sectoral Plans were adopted in October 2006 from each of the departments.
National Disability Strategy: Programme
•
Multi-Annual Investment Programme
A multi-annual investment programme for high-priority disability services ran
from 2005 to 2009. The National Development Plan (2007-2013) made a
commitment of €18.8 billion for disability services needs. The MAIP commenced
in 2006 and ended in 2009, during which time €900 million was spent on
disability services. However, tracking this money has proved extremely difficult,
how this money was spent, and whether value for money was really achieved.
The CEO of Inclusion Ireland (an organisation representing people with
intellectual disabilities, families, and service providers) stated that “[i]n 2008 the
€50 million earmarked for funding new developments under the multi-annual
investment plan 2007–2009 was delayed, and only after a sustained campaign
by families was the money released. €17 million was later taken out of the
14
promised €50 million.” Similar reports have come from the Disability Federation
of Ireland, which stated in January 2010 that “[d]isability services funding of
€171m allocated by the Oireachtas to the HSE has not been delivered since
15
2007 and we are now very fearful that the same will happen again.”
The National Disability Strategy sets the direction for policy change in the disability sector in
Ireland. The new Government plans to publish a realistic implementation plan for the National
Disability Strategy, including sectoral plans with achievable timescales and targets within
available resources. The Centre’s work on the National Disability Strategy in its first phase has
been groundbreaking – with the development of a comprehensive guide to the implementation
and monitoring of the Strategy (published on the CDLP website) and the proposal of success
factors which could ensure the Strategy’s sustainability and compliance with the UN
Convention. The Centre will continue to monitor progress in achieving the National Disability
14
Don’t Limit Guarantee to the Banks – Guarantee Us Too! Inclusion Ireland ,2008
<http://www.inclusionireland.ie/DontLimitguaranteetobanks. htm> (last accessed 1 November 2010).
15
Disability Federation of Ireland, “People with Disabilities to Face Further Income and Services Cuts in 2010” Special
Budget 2010 Edition Newsletter (Dublin: DFI, 2010).
30
Centre for Disability Law and Policy
Strategy through the Research Observatory on Irish disability law and policy, outlined in the
Research Activities table in Chapter 5.
Legislation in Related Fields
There are many pieces of legislation that affect persons with disabilities but which – curiously –
do not come under the rubric of the National Disability Strategy.
The Mental Health Act 2001
16
The Mental Health Act 2001 has been implemented since November 2006. For the first time
in Irish mental health law, the term "mental disorder" is comprehensively defined. The Act
addresses two main requirements in the provision of mental health care. The first is the
establishment of a legislative framework within which persons with a "mental disorder" may be
admitted, detained and treated involuntarily in approved mental health centres. The second is
the promotion and maintenance of quality standards of care and treatment that are regularly
inspected and properly regulated. The new Government plans a review of the Mental Health Act
in consultation with service users, carers and other stakeholders. This will prove problematic as
there is a growing body of opinion that civil commitment lacks any justification under the new
UN Convention, that civil commitment is not sanitised by heightened due process guarantees,
that forced treatment is almost akin to torture and that the development of community care
should be the priority.
The Health Act 2007
The Health Act 2007 provides a system for inspection and registration for residential centres for
people with disabilities. HIQA has been tasked with setting the standards for facilities for people
with disabilities and with monitoring the compliance with these standards. The new Government
proposes closing unsuitable psychiatric institutions and moving patients to more appropriate
community-based facilities and will develop specific strategies for those with intellectual
disabilities who remain under the care of mental health services, as outlined in the Programme
17
for Government . Reform will again prove problematic.
18
Although HIQA developed standards for people with disabilities in residential care in 2009 ,
these standards are not currently in force, due to resource constraints – as the inspection of
care services is not possible within HIQA’s current resources. Therefore, there is currently no
independent system of inspection for adults with disabilities living in residential care. This is an
issue of concern to the Centre and one which will factor into research projects on independent
living and on advocacy and access to justice, detailed in Chapter 5.
Major Policy Initiatives
The Programme for Government 2011-2016 sets out the Government’s plans to get best value
for money for investment in disability services and to ensure that services meet the needs of
users. The Government are also planning a Comprehensive Spending Review which will
examine all provision for people with disabilities with a view to determining how users can get
the best services.
16
Mental Health Act 2001
http://www.mhcirl.ie/Mental_Health_Act_2001/Mental_Health_Act_2001.pdf
Programme for Government 2011 -2016,
http://www.taoiseach.gov.ie/eng/Publications/Publications_2011/Programme_for_Government_2011.pdf
18
National Quality Standards: Residential Services for People with Disabilities, HIQA, 2009
17
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Centre for Disability Law and Policy
The Government is also committed to ensuring that money spent on disability services under
the National Disability Strategy is clearly laid out and audited. The Government plans to move a
proportion of public spending to a personal budget model so that people with disabilities or their
families have the flexibility to make choices that suit their needs best. The Government also
suggests that personal budgets introduce greater transparency and efficiency in funding
services. In the area of mental health, the Government has stated that they will ring fence €35
million annually from within the health budget to develop community mental health teams and
19
services as outlined in A Vision for Change to ensure early access to more appropriate
services and improved integration with primary care services.
National Mental Health Strategy - A Vision for Change 2006
A Vision for Change, Ireland’s national mental health policy was launched in January 2006. The
policy describes “a comprehensive framework for building and fostering positive mental health
across the entire community and for providing accessible, community based, specialist services
20
for people with mental illness ”. The policy was one of the first in Ireland to seek to include the
views of service users and carers comprehensively. The new Government’s policy on mental
health incorporates the recommendations of A Vision for Change and the Government has
stated that it will ring fence €35 million from the health budget to develop community mental
health teams and services as outlined in A Vision for Change.
In December 2010, the Department of Health and Children published a summary of key
proposals from the Value for Money Disability Policy Review and a consultation report on
21
disability services . It is anticipated that these documents could form the basis for the next
phase of Ireland’s National Disability Strategy – and would lead to a reframing of money
currently spent on services provided to people with disabilities, to ensure that these services
are configured in a way that gives people choice and control over their lives and promotes
independent living, and in a manner which is also cost-effective for the Exchequer. The
proposals which have been published to date are intended to frame a larger consultation about
the future provision of disability services, and the way in which such services are funded, in
Ireland.
22
In 2005, the HSE commissioned a study on people with disabilities living in ‘congregated
settings’ i.e. living in groups of 10 or more, in a residential setting provided by a disability
service provider. The purpose of this study was to lay the foundations for a process of
‘deinstitutionalisation’ – and to ensure that those living in congregated care were accounted for,
so that proposals to implement community living could be fully rolled out. Although the study
23
has been completed and some key findings are already in the public domain , the HSE has not
yet published the report in its entirety. The key findings indicate that all congregated settings
should be closed within the next seven years and residents should be facilitated to live
independently or in the community with appropriate supports). It is expected that this publication
will occur in the coming year, and this will set a precedent for the process of
deinstitutionalisation in Ireland.
http://www.hiqa.ie/system/files/National_Quality_Standards_Residential_Services_People_with_Disabilities.pdf
19
A Vision for Change , Department of Health and Children, 2006
http://www.dohc.ie/publications/pdf/vision_for_change.pdf?direct=1
20
A Vision for Change , Department of Health and Children, 2006
http://www.dohc.ie/publications/pdf/vision_for_change.pdf?direct=1
21
Department of Health and Children, Report on Public Consultation: Efficiency and Effectiveness of Disability Services
in Ireland (Dublin: Stationery Office, 2010) and Department of Health and Children, Summary of Key Proposals from the
Review of Disability Policy (Dublin: Office for Disability and Mental Health, 2010).
22
Time to Move on from Congregated Settings: a Strategy for Inclusion, HSE, 2005
32
Centre for Disability Law and Policy
2.2 Trends & Critical Barriers to Reform
This section outlines some of the key trends that are emerging within the disability sector and
some of the critical barriers that remain.
2.2.1 Trends
In examining the key trends in the disability sector the areas of focus are reduced public
funding, demographics, employment and discrimination and exclusion.
Reduced Public Funding
Public finances in Ireland are under severe strain and this will most likely be the case for the
foreseeable future. For 2011, the total reduction to HSE funding is 6.7%. The total HSE
allocation for disability services in the 2010 budget was €1,582 million; this was reduced to
24
€1,554 million in 2011 . Disability allowance, carers allowance and carers benefit were also
reduced in Budget 2011. The DoHC Value for Money and Policy Review will require HSE
disability services to be aligned to the policy direction. The report recommendations will guide
allocation of resources in disability services and be critical to identifying HSE core business and
opportunities for mainstreaming of non-core activity. The economic crisis in Ireland has also led
to a reduction human rights funding by 32% and 43% for the Irish Human Rights Commission
25
and Equality Authority respectively.
Innovative fiscal solutions will be needed to enhance the economic wellbeing of persons with
disabilities in Ireland. The Centre has already produced research on ‘wealth accumulation
strategies’ that make creative use of financial instruments to assure persons with disabilities a
measure of financial security as their parents depart and to enable them to purchase the
services they want in the market as distinct from what a service provider thinks they want (e.g.,
draft ABLE legislation in the US Congress). We will build on this work in the next three years
and present the Government with treasury-neutral financial solutions.
Demographics – A Growing Elderly Population with Disabilities
26
Disability is estimated to affect 10-12% of the world population . One in six people in the
European Union has a disability that ranges from mild to severe making around 80 million who
are often prevented from taking part fully in society. Over a third of people aged over 75 have a
disability. In Ireland, results from the National Disability Survey 2006 estimate that 18.5% of the
population have a disability. Males account for 48% of the population with disabilities and 52%
are women. 11% of the total number of people with a disability fell within the 0-17 age group,
36% were over the age of 65 years. In the period 2003 -2007, the number of people aged 50
years and over registered on the National Intellectual Disability Database (NIDD) increased by
27
11% from 3,869 in 2003 to 4,279 in 2007 . In 2007, the proportion of people aged 65 years and
over registered on the NIDD (3.8%) was significantly less than that in the general population
23
Referenced in Carl O’Brien and Charles O’Mahony HRinl blog post
National Service Plan 2011, Health Service Executive
http://www.hse.ie/eng/services/Publications/corporate/nsp2011.pdf
25
Submission to Irish Council of Civil Liberty to feed into the Universal Periodic Review, Barnardos, February 2011
26
Disability as a Driver of Vulnerability: An update on the Bank’s Work on Disability and the Long Road Ahead, Social
Protection and Labor, The World Bank, November 2009
27
Trends in Demand for Services among those aged 50 years and over with an intellectual disability, 2003-2007, HRB
Trend Series, 2009
http://www.hrb.ie/uploads/tx_hrbpublications/HRB_Trend_Series_5.pdf
24
33
Centre for Disability Law and Policy
(11%), which suggests that although people with intellectual disabilities are living longer, their
life expectancy remains significantly lower than that of the general population.
A steep rise in life expectancy of the total population in Ireland has resulted in an ageing
population with the number of people aged over 65 predicted to increase by 41% over the next
28
decade . A rise in the number of elderly people is likely to result in an increase in the number
of people with disabilities and a smaller number of people in a position to provide care for those
with disabilities.
These trends accentuate the importance of reform in legal capacity law (to retain decisionmaking capacity in elderly persons with disabilities) and reform with respect to removing
barriers to a right to independent living.
Education – Under Investment in the Future
The World Bank estimates that 40 million of the 115 million children worldwide out of school
29
have disabilities . In the European Union, in the 16-19 age group the rate of non-participation
in education is 37% for considerably restricted people, 25% for those restricted to some extent
30
and 17% for those that are not restricted . In Ireland, people with disabilities have a lower level
of participation at all levels of education. The Equality in Ireland report 2007 found that persons
with a disability were less likely to have third level education than the overall population across
all age groups. In the 25-44 age group, 28.3% of persons with a disability had completed third
level education compared to 42.9% of all persons in that age group.
31
The Higher Education Authority’s Equal Access Data Collection for 2008/2009 shows that
students with specific learning disability are the largest category of new entrants indicating a
disability again in 2008/2009. Although those indicating that they have a disability and require
additional support has increased to 46.3% compared to 44% in 2007/2008. 4.7% of the total
entrants to third level institutions in 2008/2009 indicated they had one or more disabilities
compared with 4.2% in 2007/2008. The data shows an increase in the number the students with
disabilities increasing however it was found that certain disabilities continue to have lower
participation rates for example, in 2008/2209 0.40% of the total population of entrants to TLI’s
were blind, deaf or had severe vision or hearing impairment.
Employment – Drastically Lower Rates of Economic Activity
Low rates of economic activity for persons with disabilities impact everybody. There is less
overall economic activity which means that less tax is paid making the achievement of other
social goals remote. Just as important, independent living is made more achievable with
economic independence.
The European Union estimates that rate of employment for people with disabilities is around
32
50% . According to the 2007 Equality in Ireland report published by the CSO, the number of
people with disabilities employed in Ireland in relation to the total employed population is 4%.
21.6% of those with a disability aged 15 and over were in employment compared with 57.2% of
all persons in this age group. 26.8% of males with a disability were in employment in 2006
28
Charging Cardiovascular Health, National Cardiovascular Health Policy 2010-2019
http://www.dohc.ie/publications/pdf/changing_cardiovascular_health.pdf?direct=1
29
Education and Disability, The World Bank
http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTSOCIALPROTECTION/EXTDISABILITY/0,,contentMDK:22
549219~menuPK:417740~pagePK:210058~piPK:210062~theSitePK:282699,00.html
30
A Renewed Commitment to a Barrier-Free Europe, European Disability Strategy 2010-2020
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0636:FIN:EN:PDF
31
Facts and Figures 2008/2009, Higher Education Authority
http://heatest-drupal6.heanet.ie/files/files/file/48028_HEA_KeyFacts09.pdf
32
A Renewed Commitment to a Barrier-Free Europe, European Disability Strategy 2010-2020
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0636:FIN:EN:PDF
34
Centre for Disability Law and Policy
compared to 66% of males in the overall population. The corresponding figures for females
were 16.9% and 48.5%. The differences were most marked in the 45-64 age group where
27.9% of persons with a disability were employed compared to 63% of all persons in this age
group.
It is unlikely that employment rates will improve markedly for persons with disabilities in the next
few years in Ireland since the economy is likely to remain stagnant. However, more could be
done to improve corporate culture to make it receptive to the abilities of persons with disabilities
– and to help grow markets. More can be done to enable persons with disabilities to become
entrepreneurs in their own right. And much more can be done to maximise the economic
opportunities offered by new technology.
2.2.2 Critical Barriers to Change
Despite a relatively rich menu of disability laws and policies in Ireland there remain a number of
critical barriers that have to be dissolved to create equal opportunities for all.
Lack of Voice and Power
People can bring about change provided they have a voice and are listened to in the
democratic process. Much more needs to be done to reform our legal capacity laws to assure a
strong and decisive voice to persons with disabilities in all matters that affect them. Progress
on other matters (such as a right to decide where and with whom to live) is held up without this
reform.
Likewise, the introduction of an effective advocacy system as well as access to justice will be
needed to amplify voice where it is weak and to enable persons with disabilities (and their
representative organisations) to ventilate claims before the courts and other administrative
bodies. The removal of these barriers will enable voice to grow stronger.
Barriers also exist in the transfer of information to people living with disabilities, their families
and carers particularly in relation to information on solving problems that they face in their
everyday lives. In order to overcome these barriers information must be packaged more
appropriately and made accessible to all. There is a need for a new Disability Law Clinic that
will impart information and work to be done on optimising the benefit of the new advocacy
system being put in place by the Government.
Barriers to Independent Living
Many barriers remain to independent living in Ireland.
First of all, housing options remain few and inappropriate. The impending publication of the
Congregated Settings report will set (hopefully) a progressive agenda for the next decade. It
effectively covers deinstitutionalisation for persons with intellectual disabilities. However, the
housing options for others with disabilities remain paltry. This will have to be tackled to enable
persons with disabilities to live in the community and build their own dense networks of social
capital.
Secondly, the development of individualised budgets for services has been too slow. A wholly
new model will be needed – with support for the individual with control of their own budgets.
The old model of linking needs with services will have to change. In its place should come a
placing of power in the person (with supports) and much more contractual freedom to purchase
supports as needed (even from unorthodox sources). Since the power of the purse is so
foundational to independent living the absence of individualised budgets is a huge drawback.
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Centre for Disability Law and Policy
Thirdly, it is obvious that a wholly new model of service provision is required. However, it
transpires that one reason why service providers are reticent has to do with (perceived)
blockages in health & safety law. Normally, ordinary people get to exercise their own ‘dignity of
risk’ in making their own choices (and living with the consequences). However, the ‘managed
lives’ of so many persons with disabilities means that regulatory law intrudes deeply on this
‘dignity of risk.’ This needs to be dissolved and health & safety law brought into a more
meaningful re-alignment with the equal opportunities model.
Barriers that Inhibit Making Full Use of New Opportunities
The recession in Ireland has impacted heavily on all members of society. The disability sector is
no exception. The reduction in public funding and the increased competition for fundraising in
the voluntary sector has put a strain on the provision and development of services for those
with disabilities. With unemployment levels exceeding 14%, there are fewer job opportunities
and training courses available to people with disabilities.
Despite the many problems there are also many opportunities that need to be explored and
translated into practical legislative blueprints for change. The problem is that they are not
recognised as opportunities and this barrier to change has to be overcome.
First of all, the Information Society offers the prospect of more economic empowerment, more
social connectedness and better direct interaction with Government and service agencies. The
barriers are not technical. The barriers take the form of ineffective policies on eAccessibility,
contradictory standards and a deep unappreciation of the benefits of universal design. This is a
good example of where action can be more realistically expected at EU level rather than in
Ireland alone. But the crafting of appropriate legislation is vital for our citizens with disabilities.
Secondly, new fiscal strategies will be needed to enable wealth accumulation to happen. At the
moment capital ceilings apply to ensure that entitlements are cut-off once certain thresholds are
reached. This means that a person with Down Syndrome in his/her 50s and whose parents
have passed away would have, at most, €20,000 in a bank account. And he/she may not be
able to leverage illiquid assets such as a house because of an inability under Irish capacity law
to take out mortgage. This is needless impoverishment. Innovative ways do exist to facilitate
capital accumulation for persons with disabilities and a strong case has yet to be made to
nudge Irish law and policy in that direction (similar to the US, Canada, UK and Australia).
Thirdly, corporate culture in Ireland is reasonably well attuned to the skills of persons with
disabilities and the value of a diversified workforce. However, corporate culture needs to
change further to enable it seek market opportunities and grow them accordingly for the benefit
of all. This is happening elsewhere (diversityInc) and can happen here where we have a strong
export-led side to the market.
Multiple Discrimination & Exclusion: Citizens with Mental Health Issues
Many persons with disabilities experience multiple or aggravated forms of discrimination and
exclusion. This could be due to overlaping identities (age, gender, disability). Or it could be
due to the disability itself and how others react to it. Persons with mental health issues and
disabilities continue to be stigmatised in Ireland (and throughout the world). Although our
legislation is quite recent it already requires reform. It was not consciously designed with the
UN Convention in mind and will doubtlessly require changes – especially to accentuate the right
to independent living and community care.
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Centre for Disability Law and Policy
2.2.3 Summary
The data shows that a significant proportion of the population is made up of people with
disabilities and that there are a number of barriers that are currently preventing change in the
sector or inhibiting the optimal use of new opportunities. Even though levels of inclusion of
people with disabilities in education and employment are increasing, further improvements must
be made. At a national level, the cuts in funding to the disability and human rights sector have
been a clear setback.
However the new Government has laid out a number of commitments that, if adhered to, will
have substantial benefits to the advancement of the sector. The transition period presented by
the formation of the new Government provides an opportune time for the CDLP to undertake
work that will enhance the voice of persons with disabilities, secure independent living in the
community with reduced barriers, optimise new opportunities (including economic opportunities)
and seek to dissolve some of the most acute problems encountered by citizens with mental
health issues.
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Centre for Disability Law and Policy
2.3 The Lifecourse Institute33
The Lifecourse Institute in NUI Galway was formally established in 2010. It was established to
“provide a unique forum within the University for community researchers and policy analysts
interested in achieving social justice and rights for our citizens.” It is expected that the
Lifecourse Institute will significantly impact the work agenda as well as work practices of the
CDLP.
Three research centres at NUI Galway form the founding pillars of the Institute – the Child and
Family Research Centre (CFRC), the Irish Centre for Social Gerontology (ICSG) and the Centre
for Disability Law and Policy (CDLP). The Lifecourse Institute
The vision of the Lifecourse Institute is ‘to contribute theoretical, scientific and practical
awareness of human capacity and potential across the lifecycle thereby impacting positively on
knowledge, attitudes, policy and practice for children, families, older people and people with
disabilities.’ The CDLP intends to be a significant contributor to this vision.
A dedicated Lifecourse Institute Building is expected to open in 2012 to provide a unique
environment to enable synergies between the three centres to evolve. Through a range of
unique conferencing and public facilities it will also enable a new model of academic
interchange with the community to emerge based on an open philosophy of civic engagement.
There are four sets of clear added value in the development of the Lifecourse Institute:
1. A New Interdisciplinary Chemistry Across the Three Centres
The Lifecourse Institute will enable a new working chemistry to emerge between the
three Centres which will have the effect of integrating perspectives and lead to
interdisciplinary analysis. It is the intention that integrated ‘Project Teams’ will be set up
which will bring together the research and other staff of the Centres.
2. Developing its Own Cross-Cutting Research Priorities
The Lifecourse Institute intends to adopt key research themes (e.g., independent living
for all) that cut across the work of its Centres and which the Institute will brand as its
own. It is the intention that the Lifecourse Institute will become a world-class research
institute which offers highly specialised inter-disciplinary perspectives on a range of
themes. By attracting a broad range of academics, it is hoped that the Lifecourse
Institute will be able to launch its own EU Framework 7 and other grant bids.
3. A Coherent Platform for Civic Engagement Across the Three Centres
The Lifecourse Institute will provide a platform to enable all three Centres to engage in
a systematic and coherent way in respect of civic engagement. There is an opportunity
for the Lifecourse Institute to coordinate research and advocacy programmes on
intergenerational engagement.
33
In developing this section excerpts have been taken from: Institute Memorandum of Intent: Current Perspectives and
Future Development. Draft Discussion Document (Draft 1 22 April 2011).
38
Centre for Disability Law and Policy
4. New Lifecourse Institute Educational Programmes Aimed at Producing Change
Agents in Society
The Lifecourse Institute will develop its own educational programmes, such as a PhD
and Masters programme, with a focus on knowledge across the Lifecourse and on
forming the next generation of change agents in policy and practice. Research
undertaken at the Lifecourse Institute can be utilised in the educational programmes.
The link between research and education across the Lifecourse will have further added
value in promoting social justice and advocacy within the national and international
policy settings.
The Lifecourse Institute and the added value dimension are illustrated in Figure 2 below.
Figure 2 The Lifecourse Institute
The CDLP will contribute its international and national reputation and network, its learnings from
research projects and other outputs to date, its experienced research team and its success to
date in securing research grants. In turn, the Lifecourse Institute will enable the CDLP to
strengthen and build on the relationships already established within the policy and practice field
as well as deepen the potential impact of the CDLP’s work. The collaboration will also assist the
CDLP to achieve a number of their strategic objectives, particularly the objectives relating to the
provision of information, research, knowledge sharing, engagement and ensuring a sustainable
organisation. The CDLP’s strategic objectives are discussed in Section 4.4 of this document.
The advent of the Lifecourse Institute has been a critical lens through which the CDLP’s
Business Plan has been developed.
39
Centre for Disability Law and Policy
One tangible project will be work among and across the three Centres with the respect to the
drafting of the porposed UN Convention on the Rights of Older Persons. Plans are underway
for intensified efforts of the CDLP with Lifecourse Institute partners to impact on this process.
2.4 Key Messages from the Consultation
Stakeholder consultation was a significant part of the business planning process. A number of
key internal and external stakeholders were consulted in order to gain their views on aspects of
the CDLP such as its strengths, areas in which it could improve, and the opportunities and
challenges that are facing the Centre. Stakeholder groups included:
•
Policy makers and government
•
Civil society organisations
•
Other academic research institutes and researchers
•
CDLP Board of Management and Advisory Forum members
•
Current and former students of the CDLP (e.g. PhDs, Summer School participants, etc)
•
People from the disabilities community
•
Service providers
•
NUI Galway faculty members
•
Philanthropic organisations (e.g. Galway University Foundation, Atlantic Philanthropies)
A comprehensive list of the consultation participants can be found in Appendix 1. A range of
consultation methods were used including one-to-one conversations, focus groups and an online questionnaire. From this feedback we have been able to glean key learnings that have
been applied in the development of the Business Plan, outlined specifically in Chapter 4:
Strategic Direction of the CDLP. The key findings are outlined in this section.
Strengths of the CDLP
Participants in the consultation process identified the following key strengths of the CDLP:
•
Almost all of the participants consider Prof. Quinn to be the CDLP’s greatest strength
due to his experience, network and the relationships that he has built over time with
those involved with the disability sector. One participant described Prof. Quinn as a
“dynamic and visionary leader”.
•
A number of participants also commented that the strong team of researchers at the
Centre is a key strength. One consultation participant stated that for the size of its
research team they are “impressed by the size of the output”.
•
The funding that the CDLP has received from a variety of sources is also recognised
as a key strength of the Centre.
•
The CDLP’s educational programmes are highly regarded as evidenced by the
responses to the online survey and the discussions held with members of other
academic institutions. One participant commented that the “growing number of
graduates” will help to strengthen the voice of the disability sector.
•
The work undertaken by the CDLP, such as the Baseline study ‘Advancing the National
Disability Strategy: Building on Comparative and International Innovation’, is deemed
40
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credible and of high quality by the majority of the participants in the consultation. One
participant commented that the CDLP is “providing leadership where previously none
existed”. The independence of the CDLP’s work is also said to be a strength.
•
Participants that have attended the conferences, seminars and lectures hosted by
the CDLP had a positive opinion of the speakers and the content. One civil society
member commented that “anybody and everyone” attends the conferences and that
they are a great place to network.
•
A
number
of
participants
perceive
the
CDLP’s
understanding
of
International/European law and policy and its application to Irish law and policy as a
unique strength.
•
The CDLP is considered unique in terms of its positioning within NUIG because in
many other academic institutions studies related to disability are generally linked to a
social science faculty rather than a law faculty.
•
The natural alignment of the CDLP with the lifecycle approach and the proposed
development of the Lifecourse Institute is also seen as a strength.
•
A number of participants feel that the collaborative research approach taken by the
CDLP benefits its work and helps to build networks with other institutions. This is also
seen as a unique and valuable approach to research.
Areas for Improvement
Participants in the consultation process identified the following areas for improvement for the
CDLP:
•
There was a feeling among participants that the CDLP needs to focus on enhancing the
positioning and profile of the Centre at a national level. One participant commented
that the CDLP is “recognised internationally more that nationally”.
•
From the discussions held with national Government stakeholders it was found that an
emphasis needs to be placed on real engagement with Government by developing
relationships with the Minister and relevant civil servants. A “top down and bottom up”
approach was suggested.
•
From the Focus Groups with service providers and discussions with civil society
members it is evident that the CDLP needs to engage more with civil society.
Participants believe that the CDLP should increase communication with service
providers to raise awareness of the Centre’s work.
•
Members of the CDLP’s Local Consultation Group (LCG), made up of local service
users, also felt that the CDLP should improve communication as LCG members were
not fully aware of the role of the CDLP, its work and the opportunities for collaboration.
•
The research that is undertaken is seen to be “too academic” by some participants and
it has been suggested that there is a need to have “academic rigour with a practical
application.”
•
It is the majority view that the CDLP’s work has had little service impact and that this
should be improved. A number of participants also suggested that the CDLP should
gather more evidence on the impact of the work that it undertakes, while appreciating
that it can take time to demonstrate real impact.
•
There was a call from a number of participants for the CDLP’s research to have a
wider potential for impact. One participant suggested that the CDLP “tap into the
41
Centre for Disability Law and Policy
wider disability studies area” and that this could be achieved by submitting articles to a
range of academic journals. Another suggested that the CDLP could produce “more
briefing papers”.
•
The sustainability of the CDLP in relation to its growing research agenda and potential
for scale is a concern for a number of participants. It has been suggested that the
CDLP consider and put in place a succession plan to ensure sustainability.
Opportunities
Participants in the consultation process identified the following opportunities for the CDLP:
•
The CDLP’s active participation in the Lifecourse Institute is viewed as an opportunity.
•
The formation of the new Government provides an opportunity for the CDLP to
establish new relationships that could lead to real change. The CDLP could also focus
advocacy at Ministerial level.
•
Some participants commented on the opportunity for the CDLP to advance its role in
policy making or as one participant put it “policy feeding”. There were mixed views on
the approach that should be taken. Some participants commented that the CDLP could
take a bottom up and top down approach however one participant said that “it should
never be anything but bottom up”.
•
There is an opportunity for the CDLP to produce more practical research. A number of
participants suggested that the CDLP could “produce user-friendly materials for interest
groups” e.g. parents, teachers.
•
Members of academic institutions that took part in the consultation commented on the
opportunities available for the CDLP to increase collaborative efforts with other
research centres. One participant said that there are “people who are keen to make
links with the CDLP”.
•
Civil society groups said there is scope for the CDLP to further engage with its
members. Service providers commented that the CDLP should enhance collaboration
with service providers.
•
Members of the CDLP’s Local Consultation Group registered their interest in
becoming more involved. All members of the LCG are “ready, willing and able” to be
involved in the work carried out by the CDLP.
•
Participants felt that there is an opportunity to increase capacity through education
and training. One civil society member commented that there would be demand for
CDLP “to provide distance learning courses” on the topic of disability law and policy.
Members of the Local Consultation Group also expressed their interest in attending the
Summer School or a similar programme.
•
There is an opportunity for the CDLP to become a “solution house”. Current
developments such as the CDLP’s Free Legal Clinic in partnership with FLAC (Free
Legal Advice Centre) are one example of how the Centre could achieve this.
•
A number of participants commented on the opportunity for the CDLP to build on the
work that it has undertaken in relation to the UN Convention on the Rights of People
with Disabilities. It was suggested that “more detail on the Convention” is required and
the CDLP are in an ideal position to carry out this work.
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Centre for Disability Law and Policy
•
There is an opportunity and suggested need to increase the CDLP’s profile nationally.
One participant suggested that the CDLP could further bring “its expertise online” by
utilising social networking tools.
Challenges
There are a number of potential challenges that the consultation participants see facing the
CDLP:
•
The heterogeneous nature of the disability sector is considered a challenge for the
CDLP. Unlike other sectors, it is considered fragmented in terms of legislation, policy
and governance particularly in terms of the bridge between law and policy. One
participant commented that “it is difficult to establish a USP” in the sector.
•
The ability of the CDLP to build capacity, particularly in the current economic
environment (e.g. with restrictions in place such as the Employment Control Framework
in the public university sector), has been identified as a challenge by a number of
participants.
•
The current economic climate and the reduction in public funding for the disability
sector was also highlighted as a challenge facing the CDLP and the wider disability
sector.
•
Although a number of participants viewed the change in Government as an opportunity
for the CDLP, there was also a belief among some participants that the formation of a
new Government may lead to new challenges. The loss of established relationships
can impact on previous progress that has been made and building relationships can
take time.
•
Another challenge in relation to the Government stems from the problem that no one
Government department is currently “owning” disability leading to fragmentation at
this level. However, this can also be seen as an opportunity for CDLP to engage with
Government at various levels and through different channels.
•
There were mixed views among participants about whether the CDLP should place
more emphasis on law or on policy. Getting the right balance between law and policy
is seen as a challenge by some participants.
•
Concerns have been raised over the challenge of ensuring knowledge management
within the CDLP. At present, knowledge is lost when individuals complete their work at
the CDLP. This is often a challenge shared by many research institutes.
•
Other participants commented on the challenge of insuring that the expansion of the
CDLP does not result in a dilution of talent and that the Centre attempts to become
“all things to all men”. This can lead to “reputational risk”.
•
Some participants think that the geographical location of the CDLP may be a challenge
as it is not as “visible” as some of the other research centres.
Recommendations
The responses provided throughout the consultation process have painted a clear picture of
how the CDLP and its work are viewed by relevant stakeholders. Based on the comments from
participants, the following recommendations have been formulated in order build on the
progress that has already been achieved by the Centre:
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•
The CDLP should seek to enhance engagement with national policy makers. By
developing relationships with policy makers, the CDLP will be in a better position to
influence policy.
•
In addition to increasing its engagement at national policy level, it is important for the
CDLP to increase its civic engagement activity. By increasing civic engagement in a
real and meaningful way the CDLP’s work products will be more informed resulting in
greater potential to influence change.
•
There is an identified gap in the awareness and understanding of disability law and
policy in Ireland. The CDLP is uniquely positioned to address this gap due to its
established network, reputation and knowledge base. One of the ways to do so is
through education and training.
•
The CDLP should continue to build on the relationships that it has cultivated since
the Centre was first established. Relationships could be strengthened by initiating
collaborative projects or establishing further multi-disciplinary academic links.
•
The CDLP should focus on raising the profile of the Centre and the work that it
undertakes. In particular, the national profile of the Centre needs to be enhanced.
Undertaking work that has a national or local focus will help to raise the profile of the
CDLP. The CDLP should also look to effective marketing techniques such as social
networking to accomplish this.
•
The CDLP should maximise the conferences and seminars it hosts as it is clear from
the consultation that the events are popular with their participants. By extending the
seminars to include workshops or one-on-ones with speakers, the CDLP is likely to
further increase interest and maximise impact of its knowledge sharing.
•
The key strength of the CDLP is the people that work there. It is therefore imperative
that there is a focus on the development of staff and knowledge management which
will contribute to the sustainability of the Centre.
•
It will be critical, particularly over the next year, to ensure sustainability of the CDLP.
This involves putting in place the appropriate leadership, staff, structures and resources
to implement the Business Plan; sourcing and securing adequate funding to support the
activities of the CDLP; and ensuring appropriate alignment with and transition to the
Lifecourse Institute.
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2.5 Conclusion
The process of reforming disability legislation and policy in Ireland is in progress, but not yet in
place. The main driver of change is the UN Convention for the Rights of People with Disability.
However, this has not yet been ratified in Ireland and there is still work to be done. The CDLP is
a major proponent of ratification as has been evidenced in their work, including a recent briefing
on the Convention before the Irish Parliament (May 2011).
At European level it is clear that the European Union is taking large strides towards its goal of
improving equal opportunities for persons with a disability – helped in part, by some of the
human rights output of the Council of Europe.
Major barriers still exist in Ireland. Such barriers include: the lack of modern legal capacity
legislation, blockages to independent living, an unappreciation of new opportunities that could
be exploited with relatively minor policy nudges, etc. The CDLP has identified and validated
these barriers through its research and other work products, collaboration, relationships and
network. Through this Business Plan the Centre is re-positioning itself to provide legislative and
policy solutions to remove the blockages that currently exist.
From the consultation with the CDLP’s stakeholders it is clear that the Centre and its work are
highly regarded, particularly at an International and European level. The CDLP is operating in a
diverse sector and energies that are focused on one area may lead to a lack of presence in
others. From the responses received throughout the consultation it is clear that the CDLP and
Prof. Quinn have a high profile outside of Ireland however it has been suggested that there is a
need for the Centre to increase awareness within Ireland and to engage further with national
policy-makers. A number of opportunities are open to the CDLP, these opportunities have the
potential to benefit the disability community, policy makers, the sector as a whole. The CDLP’s
links with the international community and its achievements to date, particularly the Baseline
study and subsequent conference on ‘Advancing the National Disability Strategy: Building on
Comparative and International Innovation’, (December 2010) makes the Centre itself well
placed to act as national driver of change.
The disability policy landscape is clear. The barriers to change have been identified. Key
learnings from relevant parties have been considered. Now the CDLP is in a position to outline
how it aims to bring about and advance change in disability law and policy, in turn affecting the
disability community. This Business Plan sets out the CDLP’s plan to do this over the next three
years, independently as a research centre and collaboratively as part of the Lifecourse Institute
and always partnering effectively with civil society and international research peers.
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____________________________
CHAPTER 3
IMPACT ASSESSMENT
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3. Impact Assessment
As part of the Business Planning process, Prospectus Strategy Consultants conducted an
assessment of the impact of the CDLP’s work to date. The Impact Assessment Framework
details the CDLP’s work to date against each of the Strategic Objectives set out in Strategic
Plan 2008-2012. The outputs identified under each objective were measured against five key
criteria, described in Section 3.4.
This Chapter summarises the CDLP’s key achievements to date, an assessment of its impact
and related findings and recommendations.
3.1 Key Achievements and Progress to Date
In the development of the impact assessment process, the focus was on the CDLP’s
achievements to date which are, in effect, the key activities and outputs of the Centre. Each
output or activity has been categorised against the six Strategic Objectives that were identified
as part of Strategic Plan 2008-2012. The outputs and achievements are grouped as follows:
•
Research projects
•
Studies
•
Reports
•
Policy briefings
•
Legislation submissions to Government
•
Conferences
•
Public lectures
•
Seminars
•
PH.D Programmes
•
LL.M
•
Short courses e.g. Summer School
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The following tables show the achievements under the relevant strategic objective from the Strategic Plan.
The type of achievement is also identified in each table.
Strategic Objective 1: Conduct high quality independent research on a range of disability policy
challenges of critical importance to persons with disabilities
Type
Project (2008 – Present)
Study
Study on challenges and good practices in the implementation of
the UN Convention on the Rights of Persons with Disabilities
(Feburary 2011)
Research project
Fundamental Rights of Persons with Intellectual Disabilities and
Mental Health Problems
(ongoing)
Policy Briefing
Five Innovative & Cost-Effective ways to enhance the
Independence of Persons with Disabilities in Ireland (Nov 2009)
Policy and Legislative Submission
Individualised Resource Allocation Systems: Models and Lessons
for Ireland (July 2010)
Policy and Legislative Submission
WIPO Copyright Restrictions
Strategic Objective 2: Produce an Irish disability baseline to enable longitudinal analysis of progress
achieved and obstacles encountered in relation to disability policy, services and life issues
Type
Project (2008 – Present)
Study
Advancing the National Disability Strategy: Building on
Comparative and International Innovation
Conference
National Disability Strategies Conference, December 2010
Book
From Rhetoric to Action: Implementing the UN Convention on the
Rights of Persons with Disabilities - the Use of National Disability
Strategies
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Strategic Objective 3: Act as an information resource, providing knowledge and assistance to
advance interests and rights of persons with disabilities
Project Type
Project (2008 – Present)
Policy and Legislative Submission
Submission to the Value for Money and Policy Review of Disability
Services
Policy and Legislative Submission
Submission to the Disability Act 2005
Policy and Legislative Submission
Self-advocacy Toolkit for Young People
Conference
National Disability Strategies Conference
Conference
International and Comparative Perspectives on Employment and
Disability Law
Colloquium
Global PhD & Researchers Colloquium on Disability Law & Policy
Group
Local Consultation Group
Public Lectures
Seminars
•
The United Nations Convention on the Rights of Persons with
Disabilities - New Dawn or False Hopes?
•
What does Equality Mean for Persons with Disabilities?
Lessons from the new UN Treaty on the Rights of Persons with
Disabilities'
•
Paternalism? Risk? Contract? Rights? Are judicial approaches
to adult social care in the UK at a dead-end?
•
Developing an Indicator Set to Monitor the National Disability
Strategy
•
Violence and Abuse Against People with Disabilities
•
Promoting Mental Health and Wellbeing: Concepts, Practice
and Policy
•
Research on ageing and intellectual disability
•
Support networks for children with disabilities
•
EU Policy Entrepreneurship – How EU disability policy was
made and the lessons for the Lifecourse
•
Just the Facts: Answers to Common Health & Fitness
Questions
•
Rethinking the Concept of ‘Best Interests’ of Children, a radical
by-product of the UN Disability Convention
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Strategic Objective 4: Develop and deliver relevant quality educational programmes
Programme Type
Project (2008 – Present)
Ph.D
Ph.D Programme in Disability Law and Policy (10 PhDs in 2011,
increase by 50% by 2014)
LL.M
LL.M in International Disability Law and Policy (15 targeted to
graduate in 2012)
Short Course
Annual Summer School (90 participants from 19 countries)
Strategic Objective 5: Work collaboratively with other research centres to progress disability issues at
local, national and international level
Project Type
Position/Appointment/Membership
Project (2008 – Present)
•
Member of Scientific Board of SOROS-OSI Special Initiative on
Disability
•
Academic Adviser to European Foundation Centre Consortium
of Philanthropies on Disability
•
Membership of scientific board of ANED
•
Co-organisers of Global Research Network with Burton Blatt
Institute
•
Advising Council of Europe's High Commissioner on Human
Rights on disability priorities
•
Member of KANCHI Advisory Board
Research
Research project on people with intellectual disabilities/mental
health issues in Europe. For EU Fundamental Rights Agency
Report
eAccessibility Report for DG Information Society
Report
ANED Report on the Implementation of Policies Supporting
Independent Living for Disabled People in Ireland (May 2009)
Report
ANED Report on the Social Inclusion and Social Protection of
Disabled People in Ireland
Report
ANED Report on the Employment of Disabled People in Ireland
Book
European Yearbook of Disability Law
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Strategic Objective 6: Secure appropriate funding, facilities, and permanent staffing to deliver on this
strategic plan, within an effective governance and organisational structure
Funding Awarded
•
Grant funding from Atlantic Philanthropies (2008-2011)
•
EU Framework 7 Grant - €3.7 million to establish a network across Europe working on UN Treaty
•
PhD funding obtained from PRTLI 4 and IRCHSS (total €230,785)
•
Project funding obtained from European Fundamental Rights Agency; the European Foundation
Centre; E-Accessibility Empirica Germany; and the Academic Network of European Disability Experts
(€65,975)
3.2. Data Gathering
In order to gather the data to undertake the Impact Assessment, Prospectus carried out a robust consultation
process with internal and external stakeholders. The consultation involved the following:
•
Discussions with the CDLP team members and relevant NUI Galway personnel
•
One-on-one conversations with key external stakeholders from each of the target stakeholder groups
(the list of consultation participants is provided in Appendix 1)
•
Online surveys including:
•
•
o
An Educational Programme survey which was completed by those who have undertaken
educational courses at the CDLP (e.g. PhD students, Masters, Summer School participants,
etc)
o
A general impact survey which was circulated to those who participated in the one-on-one
interviews
Two Focus Groups facilitated by Prospectus with:
o
Service Providers from the Galway area
o
Members of the CDLP’s Local Consultation Group made up primarily of people with
disabilities
A reference and citation scanning exercise to identify CDLP’s presence in other materials (e.g.
websites, speeches, articles, etc)
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3.3 Summary of Impact Assessment – Driving Change
This section provides an overview of the Impact Assessment.
The work that the CDLP has carried out is aimed at reinforcing positive change in the disability sector. Figure
3 illustrates the main methods by which the CDLP is driving positive change through its work since 2008.
Figure 3 Method by which CDLP Drives Positive Change
It is evident from the environmental analysis in Chapter 2 that, in Ireland, the most prominent changes are
likely to result from the implementation of the National Disability Strategy and the reform of the current policy
and legislation that is hampering the ratification of the UN Convention on the Rights of Persons with
Disabilities. It is also evident from the analysis that changes in the disability sector are incremental due to the
process and level of consultation involved. Since its launch, the CDLP has been producing research and
organising events that emphasise the need for policy and legislative reform. The CDLP have been building
momentum towards policy change by publishing research such as Advancing Ireland’s National Disability
Strategy: Building on Comparative and International Innovation. An international conference on the main
findings on the study was also held in December 2010. The conference helped to raise awareness around the
issues relating to Ireland’s National Disability Strategy and comparable strategies across the world.
The conference attracted notable speakers and attendees such as Shuaib Chalklen, the UN Special
Rapporteur on Disability; Stefan Trommel, member of International Disability Alliance Secretariat; Carlotta
Besozzi, former Director of European Disability Forum; Minister Pat Carey, Minister for Community, Equality
and Gaeltacht Affairs; and Maurice Manning, President, Irish Human Rights Commission. The study has
piqued the interest of the Chair of the UN Committee on the Convention on the Rights of People with
Disabilities and Dr Flynn, Senior Researcher at the CDLP, has been invited to the EU High Level Group by
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the European Commission to discuss the alignment of national strategies with the UN Convention. The work
is therefore likely to have an impact at a European and National level.
By continuing to produce legislative submissions, the CDLP is also playing a role in driving changes in the
law, e.g. the Mental Health Act 2001, which currently prohibits Ireland from ratifying the UN Convention on the
Rights of Persons with Disabilities. The CDLP also plans to continue producing work and policy submissions
that will assist in the implementation and development of the National Disability Strategy. Aligning Irish
disability law and policy with the UN Convention, and the subsequent ratification of the Convention, will bring
about substantial changes in the lives of those with disabilities and it is then that the full impact of the CDLP’s
work in this area will become apparent.
The CDLP has also focused on preparing the next generation of disability policy entrepreneurs through its
educational programmes. The CDLP hosts a number of educational programmes including a PhD
programme, an Internship programme, a Fellowship programme and the Summer School. An LLM in
International and Comparative Disability Law and Policy was also launched in 2011 in collaboration with NUI
Galway’s School of Law. Academics from other institutions that participated in the consultation process
believe that the educational programmes delivered by the CDLP are relevant and unique. As the CDLP’s
network of graduates increases it will lead to a strengthening of the voice of the sector. The CDLP’s Summer
School is also recognised as having an impact on those who have attended. The Summer School attracts
attendees from a wide variety of backgrounds including, law, social policy, service delivery and NGOs which
allows the CDLP to influence and educate a wider audience and is highly regarded by participants. By
equipping individuals to produce quality research and to advocate on behalf of the disability sector the CDLP
will be ensuring that progress on key issues will continuously improve and therefore provide future benefits
and opportunities to people with disabilities at national and local level.
The events such as conferences, lectures and seminars hosted by the CDLP are advancing the interests of
people with disabilities by increasing awareness and providing knowledge to those that can influence or
advocate for change. Examples of the seminars and lectures include: The United Nations Convention on
Human Rights of Persons with Disabilities – New Dawn or False Hopes delivered by Prof. Jermone
Bickenbach; Promoting Mental Health and Well Being: Concepts, Practice and Policy delivered by Prof. Mary
Barry; and Research on Aging and Intellectual Disability by Dr. Suzanne Guerin. The calibre of the speakers
and delegates at conferences and seminars is evidence of the manner in which CDLP’s work is helping to
build a case for change in the disability sector. The CDLP has also established a Local Consultation Group
which consists of local service users. By building relationships with service users the CDLP is likely to have a
direct impact on the lives of individuals by providing knowledge and information that will help them to access
services and resources that may lead many people to live independently. The forthcoming establishment of
the CDLP’s Disability Law Clinic in partnership with FLAC (Free Legal Advice Centre) will also provide an
opportunity for the CDLP to directly impact the lives of individuals through the provision of information which
will be pioneering in this regard.
The CDLP does not attempt to work in isolation and utilises a collaborative approach in order to create
positive changes in the disability sector. The Centre has been collaborating with other research centres and
networks such as Disability Rights Expanding Accessibile Markets (DREAM), the Academic Network of
European Disability Experts (ANED) and the European Foundation Centre. The appointment of a number of
Adjust Professors who are leading figures in the area of disability law and policy is also evidence of the strong
collaborative links that the CDLP has forged with other Institutions. The collaborative work that the CDLP is
undertaking is considered highly relevant. One example of the CDLP’s collaborative effort is The European
Yearbook of Disability Law which aims to provide critical insight into the evolution of European disability law
and policy and to provide an analysis of pressing challenges in the field. CDLP’s work on the eAccessibility
Report with Burton Blatt Institute and Empirica for Europe’s Information Society is also significant as there is
an increased focus on ensuring equal access to ICT for all. Accomplishing this goal will bring about important
changes in the lives of many people living with a disability in Europe.
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From the assessment it is clear that the CDLP and the staff are held in high regard and are viewed as an
influential force by the disability sector. This is evident in the number of positions held by CDLP staff on
external Boards and Committees. Prof Quinn is an Advisor to the Council of Europe’s High Commissioner on
Human Rights on Disability, an academic advisor to the European Foundation Centre of Philanthropies on
Disability, a member of the Scientific Board of ANED and a member of Advisory Board for Kanchi. In addition,
the CDLP’s Advisory Forum is comprised of a number people from prominent organisations within the
disability sector such as the National Disability Forum, National Federation of Voluntary Bodies, Inclusion
Ireland, Genio and Mental Health Ireland. The relationships and links that the CDLP have forged are evidence
of the impact that the CDLP has made at International, national and Irish civil society level. These
partnerships allow for a stronger voice that will eventually lead to change at the individual level.
3.4 Summary of Findings and Recommendations
In order to assess the impact each strategic objective, including the corresponding outputs, was measured
against the criteria in the table below:
6. Relevance

The extent to which the outputs of the CDLP are purposeful, timely and
perceived to be of benefit
7. Case for change

The extent to which the outputs of the CDLP build confidence among
stakeholders and strengthen the argument for change
8. Awareness

The extent to which the outputs of the CDLP increase stakeholder awareness
around key disability issues and help raise the Centre’s profile
9. Accessibility/usability

The extent to which the outputs of the CDLP can be easily accessed and
understood, particularly by persons with a disability
10. Service impact

The extent to which the outputs of the CDLP result in/enact changes to service
provision for the disabled community
The assessment criteria were reflected in the questions posed to the stakeholders during the consultation
process. A summary of the findings and recommendations are outlined in this section in relation to each
strategic objective.
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Strategic Objective 1: Thematic Research
•
•
Findings
o
The independent research undertaken by the CDLP is considered relevant, helps build the case
for change, raises awareness of disability issues and is accessible
o
The research audience to date has been very academic and there is a call to have a more
practical approach
o
The research currently does not have a strong service impact
Recommendation
o
The CDLP should consider making its research more practical and therefore more accessible for
service users and providers. Research should be informed by civic engagement and address the
issues identified through consultation. Moving towards work “packages” is one way to address
this.
Strategic Objective 2: Disability Baseline
•
•
Findings
o
The CDLP has completed its study on ‘Advancing the National Disability Strategy: Building on
Comparative and International Innovation’ which was launched at a conference in December
2010
o
The study and the conference on the study’s main findings has helped to raise awareness around
the issues relating to Ireland’s National Disability Strategy and comparable strategies across the
world
Recommendation
o
The CDLP should continue work in this area as appropriate and focus on other relevant national
policy and legislation. This will also help raise awareness of key disabilities issues and the CDLP.
Strategic Objective 3: Spreading Knowledge
•
•
Findings
o
This is one of the areas the CDLP demonstrated high ranking in relevance and case for change
o
More work needs to be done at national and local level, which was supported by the feedback
from the Local Consultation Group and individual consultation with key stakeholders
Recommendation
o
The CDLP should further increase its focus on providing information that relates to national and
local issues. CDLP should also increase accessibility of information through the provision of
materials for interest groups and service users. There is a potential role for the CDLP to provide
products to assist other stakeholders in further dissemination of information.
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Strategic Objective 4: Educational Programmes
•
•
Findings
o
Based on the survey findings and consultation interviews it was concluded that all of the CDLP’s
educational programmes are highly regarded
o
It is envisaged that the growing network of graduates will become future policy entrepreneurs and
continue to raise awareness of disability issues through their own networks
Recommendation
o
The CDLP should consider extending its programme offering to include distance learning and
programmes with content that is tailored to the specific needs of service users.
Strategic Objective 5: Collaboration
•
•
Findings
o
The CDLP is recognised for its collaborative approach to research and other projects
o
The work resulting from collaboration with other organisations is helping to build a case for
change
o
Collaborative engagements are focused mainly at an international level
Recommendation
o
The CDLP should explore opportunities to collaborate more at a national level to progress
national disability issues
Strategic Objective 6: Resources and Structures
•
•
Findings
o
The CDLP has made significant strides in achieving the goals set out in Strategic Objective six,
particularly in securing funding internationally, and has experienced rapid growth to date
o
The CDLP has secured impressive international grants e.g. EU Framework 7 Grant
o
CDLP is now at capacity terms of being able to deliver on the work it has set out to do
Recommendation
o
In order to effectively build on their successes to date the CDLP will need to consider how it will
increase capacity and ensure sustainability over the next three years
From examining the work that has already been undertaken by the CDLP and the Centre’s achievements to
date, it is clear that significant potential exists for the Centre to have a substantial impact that will be
recognised by key stakeholders across the disability sector. Although a number of the CDLP’s outputs are not
intended to impact on individuals directly, the assessment supports the view that it is difficult for the CDLP to
impact on services and individuals at such an early stage in its development. As the CDLP moves into the
next stages of development it is likely that more of an impact will be apparent in this area.
The CDLP is eager and committed to building on its successes to date and leveraging the impressive
networks and relationships that have been established internationally and nationally. This Business Plan
outlines how the CDLP intends to do this.
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____________________________
CHAPTER 4
STRATEGIC DIRECTION OF THE CDLP
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4. Strategic Direction of the Centre for Disability Law and Policy
4.1 Introduction
A significant amount of time was invested by the Steering Group and others in developing the strategic
direction of the CDLP for the next three-plus years. This section outlines the Centre’s:
•
Vision and mission
•
Priority areas of focus and rationale
•
Strategic objectives
•
Intended outcomes
The Lifecourse Institute was considered throughout the strategic direction development process and reflected
as appropriate in the following sections.
4.2 Vision and Mission
Over the course of a number of workshops the Steering Group revised the CDLP’s vision and mission
statements. The revised vision expresses the CDLP’s ambition for the future – a world where people with
disabilities have choice and equal opportunities throughout their lives. The mission statement states how the
CDLP will play a role in delivering on the Centre’s vision.
VISION
A world where people with disabilities have choice and equal opportunities
throughout their lives.
Our vision explained:
The CDLP believes that change does not take place in isolation. Ireland is an integral part of the international
community and especially the European Union. Our research opens a window to allow in best practice from
around the world. Likewise our research should help inspire others – especially in the developing world – in
their struggles for change.
The CDLP’s ambition for a world where people with disabilities have choice and equal opportunities reflects
this belief that change cannot happen in isolation in order to have real impact. The CDLP also believes that
choice and equal opportunities are central to the wishes of people with disabilities – choice to live the lives
they want to live and the equal opportunity to do so. As has been referenced in earlier Chapters, disability is
not specific to one age cohort, it can affect the entire lifecycle, which is why it is important for the CDLP to
have throughout their lives as part of their vision statement. This is a tangible expression of the Centre’s
alignment with the Lifecourse Institute.
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Mission
The CDLP works to bring about change in disability law and policy through research and
education in active partnership with the community.
Our mission explained:
The core driver for all that the CDLP does is change. The CDLP does not intend to engage in a work product
that does not have the potential to influence and bring about change. As such it was felt our intent “to bring
about change in disability law and policy” needs to lead our mission statement. How the CDLP aims to bring
about change is through research and education that happens in active partnership with the community. Civic
engagement is central to how the CDLP will work in future and again, is one of its strong links with the
Lifecourse Institute and peer Centres.
4.3 Priority Areas of Focus and Rationale
In developing the Business Plan it became obvious what the core elements of the CDLP are with the common
theme of change:
•
Research
•
Education
•
Civic engagement
Figure 4 CDLP’s Priority Areas of Focus
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Figure 4 illustrates this narrative by placing change as the central component around which everything else
pivots. Instead of designing research products at the outset we shall first define where challenges occur within
the research priorities identified, where real possibilities for change lie and work from this to define the kinds
of research product that is best calculated to bring about that change.
Research and education are the core activities the Centre aims to engage in to bring about and affect change.
Civic engagement and advocacy underpin all that the CDLP does. Within this framework, all of the CDLP’s
work is informed by the UN Convention on the Rights of Persons with Disabilities and European Union law
and policy. As described earlier, law and policy that is in place and implemented at international level will
inform and impact on law, rights and policy at domestic level. Irish law, rights and policy in the context of the
CDLP’s work includes an all-Ireland dimension which is demonstrated in the Centre’s cross-border work.
The CDLP recognises it is not working in a vacuum but rather is part of the wider University community. As
such it is important to illustrate the Lifecourse Institute umbrella guiding the CDLP’s work within the University
setting.
As has been mentioned, the revised strategic direction of the CDLP reflects current law and policy. It was also
important to develop a strategic direction that reflected the key messages from the stakeholder consultation
process. One way in which this is evident is the prominent positioning of civic engagement underpinning all
that the CDLP does.
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4.4 Strategic Objectives
In this Business Plan the CDLP has identified four priority areas with change being the thread that ties each
together:
1. Priority area1: research that drives change
2. Priority area 2: education for change agents
3. Priority area 3: civic engagement for impact
4. Priority area 4: sustainability
Within these priority areas the Centre has set out ten Strategic Objectives. Figure 5 outlines the ten
objectives.
Figure 5 Centre for Disability Law and Policy’s Ten Strategic Objectives
The following pages provide the rationale for each priority area and supporting strategic objective.
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Priority Area 1: Research that drives change
Change is the goal – and research is a means. Our first priority area – research that drives change – ensures
that all of the research the CDLP takes part in has a vision and a plan for change. It is the CDLP’s intent to
work on key barriers and to constantly match its research with real policy opportunities and tailor its research
methods and products to best advance change. There are four strategic objectives relating to this priority
area.
Strategic Objective 1: Channel research activity to nudge maximum strategic change
Strategic Objective one is about identifying the barriers to change and designing a research programme with
flexible work packages around how to overcome these barriers. The CDLP aims to cluster research activities
on (1) enhancing Voice, (2) advancing Independent Living (3) maximising New Opportunities, (4) enhancing
the Status of Persons with Mental Illness and (5) ongoing Policy Monitoring through a virtual Observatory.
Strategic Objective 2: Put into practice a flexible & participatory model of doing research
The CDLP intends to establish a research programme that identifies where challenges and blockages arise,
where opportunities to have impact exist and to tailor the research (e.g., a legislative model) and related
activities (e.g., a briefing in Parliament) accordingly.
The Centre will also embed a more inclusive model of doing practical research. The Centre intends to move
away from the isolation of “traditional” research practices and move towards a more collaborative model. We
aim to work collaboratively with civil society, international research peers and the Lifecourse Institute on every
work package. The new model will involve the establishment of a core research team for every work package,
and the use of participatory research methodologies to ensure that the user’s perspective is fully incorporated
into the research work product. All research work packages will include members of the research teams of the
other centres in the Lifecourse Institute. The benefits of this include: a stronger focus on relevancy,
legitimacy, building more capacity, developing professional empathy, more effective use of resources and
increased likelihood of impacting change. Figure 6 illustrates our vision for research teams going forward:
Figure 6 CDLP’s Work Packages Model
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Strategic Objective 3: Optimise international, national and local research network activity to enhance
credibility
Active membership of leading international, national and local research networks is vital to ensure that the
CDLP remains a credible, learning, research organisation. Feedback from the impact evaluation
demonstrated that the CDLP is already well-connected to global disability research networks, but further work
is needed to ensure that the Centre can transfer this learning and context to national and local research
networks. Some examples of the networks the CDLP currently provides scientific leadership and co-ordination
include the Academic Network of European Disability Experts (ANED: European Commission funded
network), the Global Research Network on Disability (GRND) with Burton Blatt Institute (Syracuse University)
and the European Union Framework 7 Marie Curie Initial Training Network DREAM (Disability Rights
Expanding Accessible Markets). The knowledge and learning from these international and European networks
can be transferred to local and national networks such as the national Inclusive Research Network
(partnership with the National Institute for Intellectual Disability and the National Federation of Voluntary
Bodies).
In addition, the CDLP aims to develop new partnerships with local and national legal practitioners and
disability service providers through the development of a student-led Disability Law Clinic, and network with
other clinics worldwide.
Strategic Objective 4: Monitor research for impact and adjust product and methods as needed
Impact is central to the CDLP’s work. Strategic Objective four sets out the CDLP’s goal to communicate
research and track impact to maintain a momentum for change. As part of our approach to research going
forward we will develop a Communications Plan for each work package that will identify who to communicate
what to, when and for what purpose. This will help to ensure our work has a voice. By using participatory
research methodologies, as stated in Strategic Objective 2 above, the CDLP can ensure a sustainable impact
for its research work product, especially where research skills are imparted to people with disabilities to
enable them to continue to develop further research on the priorities they identify, emanating from the CDLP’s
work.
Priority Area 2: Education for Change Agents
The CDLP’s second priority area is around education. We see this as having two components, as identified in
strategic objectives five and six.
Strategic Objective 5: Design educational platforms to form the next generation of disability policy
entrepreneurs
The CDLP aims to create the next generation of disability policy entrepreneurs through new and existing
education programmes such as its PhD programme, an annual Summer School, the Fellowship Programme,
etc. Through education and our increased number of graduates, our new approach to research and real civic
engagement we see many opportunities to build a new generation of disability entrepreneurs who will in turn
become agents for change. This is what will lay the foundations for lasting change.
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Strategic Objective 6: Spread knowledge and skills through others to reach a broader constituency for
change
Strategic Objective six sets out our ambition to disseminate knowledge to civil society partners to facilitate
advocacy and maximise information sharing. Through this the Centre plans to educate others beyond the
formal educational programmes we will offer as part of the University. This will involve the CDLP developing
materials and packaging them in a way that facilitates learning. It will also require targeted partnerships with
other organisations. Understanding the impact of this work will be important. As such we will develop the tools
for tracking the knowledge sharing, working closely with our partner organisations and leveraging their
resources to capture the appropriate data.
Priority Area 3: Civic Engagement for Impact
Civic engagement, the CDLP’s third priority area, will underpin all of our work packages going forward. Our
intended outcome will be joint initiatives, informed research and demonstrated engagement with civil society.
Strategic objectives seven, eight and nine identify our goals within this priority area. This is an area where
there are clear ties to the Lifecourse Institute and linkages to the other two Centres.
Strategic Objective 7: Identify new ways of reaching/engaging persons with disabilities to embed the
principle of “nothing about us without us”
The CDLP is committed to real engagement with persons with disabilities to embed the principle of nothing
about us without us” in our work. This includes developing a process for identifying new ways of reaching and
engaging persons with disabilities in research and education. One way in which will do this is through our
Local and National Consultation Groups – whereby people with disabilities will be invited to share their
insights on the issues which most concern them, and this will be used to shape the work the Centre conducts
on its research priorities. These groups aim to reach people with disabilities who are not usually asked for
their opinions on matters affecting them, and thus ensure that the CDLP’s research has a genuine and
concrete impact on the lives of people with disabilities.
Strategic Objective 8: Facilitate the emergence of a strong voice in civil society to lay the groundwork
for a sustainable process of change
Strategic Objective eight is about enhancing civil society capacity for advocacy. We aim to do this by providing
the space, time, materials, etc for activists to learn and focus their minds on advocacy. This can be done
through encouraging leading disability activists to become Visiting Fellows at the CDLP, where they can share
their practical knowledge of grassroots campaigns for change with researchers, and researchers can provide
insight and perspectives from international and comparative experience which can be used by activists to
further their calls for reform. The CDLP will facilitate a discussion among civil society about the development
of other innovative mechanisms for encouraging the re-emergence of a strong voice in the disability
community, for example by exploring options such as the development of a Parliament of Persons with
Disabilities in Ireland. The CDLP will explore these and other opportunities to encourage the rebuilding of civil
society alliances in the disability community.
Strategic Objective 9: Develop alternative mechanisms for disseminating research knowledge to
disability community
In order to ensure that the CDLP’s civic engagement work has the maximum impact, it is important to develop
innovative mechanisms for disseminating research knowledge to the disability community, rather than relying
solely on traditional communication mechanisms such as book launches, conferences, and publication of
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reports. Therefore, the CDLP proposes to establish a student-led Disability Law Clinic, in partnership with the
Free Legal Advice Centre Society in NUI Galway. The clinic will have two key components: an information
provision service on legal issues for people with disabilities and a research resource service, offering research
on discrete issues of law and policy to interested practitioners (legal, social work, etc.) and service providers.
This clinical work will ensure that research knowledge is made accessible to those who really need it, and is
applied in a practical context to individual situations.
Priority Area 4: Sustainability
The CDLP is committed to building a sustainable organisation that is always learning and relevant. This is
described in Strategic Objective ten. Chapter six has also been dedicated to outlining how the CDLP intends
to do this.
Strategic Objective 10: Build a sustainable organisation that is always learning and relevant
Leveraging synergies with the Lifecourse Institute is one way in which the CDLP aims to build a sustainable
organisation. We are also committed to putting in place the appropriate governance and organisational
structure to support the activity that is outlined in this Business Plan (as outlined in Chapter six). Developing
and implementing the appropriate knowledge management systems, processes and policies will also help us
in achieving this goal. Most importantly, the CDLP will need to source and secure the funding required to
deliver on the Business Plan.
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4.5 Intended Outcomes
The intended outcomes as part of the three-year Business Plan are outlined in the table below. Chapter Five
details how the CDLP intends to deliver on its outcomes.
Priority Area
Strategic Objectives
3-Year Outcomes
1. Channel research activity to nudge
maximum strategic change.
Ratification by Ireland of the UN
Convention on the Rights of
Persons with Disabilities.
2. Put into practice a flexible &
participatory model of doing
research.
Research that drives
change
3. Optimise international, national
and local research network activity
to enhance credibility.
4. Monitor research for impact and
adjust product and methods as
needed.
5. Design educational platforms to
form the next generation of
disability policy entrepreneurs.
Education for Change
Agents
Civic Engagement for
Impact
6. Spread knowledge and skills
through others to reach a broader
constituency for change.
Active membership of leading
international research networks.
An accessible bank of information
on research, impact and change.
New cadre of disability activists
emerging in Ireland – and
internationally - with the skills to
engage successfully in the political
process.
Widespread knowledge about the
UN
Convention
and
similar
instruments for change in Ireland
resulting in clear progress in civil
society and individuals framing
grievances in the language of
social justice and human rights.
7. Identify new ways of
reaching/engaging persons with
disabilities to embed the principle
of “nothing about us without us.”
Growing confidence and stridency
in the disability community to stand
up for their rights and advocate for
change.
8. Facilitate the emergence of a
strong voice in civil society to lay
the groundwork for a sustainable
process of change.
A literate civil society with access
to knowledge.
9. Develop alternative mechanisms
for disseminating research
knowledge to disability community.
Sustainability
Innovative & reformed legislation &
policy in Ireland on legal capacity,
Mental Health law, personalised
budgets,
wealth
accumulation
(trust funds), eAccessibility.
10. Build a sustainable organisation
that is always learning and
relevant.
A politically astute civil society
sector able to use research to
advance change.
One of the world’s premiere sites
for research, education and civic
engagement on the rights of
persons with disabilities.
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____________________________
CHAPTER 5
HOW WE INTEND TO DELIVER
ON OUR OUTCOMES
____________________________
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5. How we Intend to Deliver on our Outcomes
5.1 Assumptions
A set of assumptions were developed at the beginning of the business development process. These include:
•
•
•
Resources available
–
University support especially for the concept of ‘scholarship in action’ embodied in the CDLP
–
EU research grants
–
Research Collaboration with International Partners
–
Wider Philanthropic Support
Lifecourse Institute
–
Active Collaboration and sharing of resources between CDLP, CFRC and ICSG
–
New building to Facilitate Collaboration in 2012
–
University Support – expanding networks within the broader Academic Community
–
Philanthropic Support
Ongoing Human Resource Capacity – current positions in place
–
Director
–
Senior Researcher
–
Business and Strategic Development Manager
–
Framework 7 Manager (a resource to be shared with the Lifecourse Institute)
–
Administrator (Part-Time)
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5.2 Activity Plan and Key Performance Indicators
The Business Plan outlines an ambitious agenda for the CDLP to deliver on its vision and mission. The
achievement of the Strategic Objectives outlined in Chapter 4 demands a significant effort by the CDLP over
the next three years. These activities are subject to availability of funding which we will actively seek during
the lifespan of this Business Plan. The following pages provide an activity plan which outlines the core
activities in which the CDLP intends to engage to deliver on our Strategic Objectives and bring about our
desired outcomes. The table identifies the following:
•
Core activities against each Strategic Objective
•
Expected outputs for the Centre over the three year horizon
•
Proposed completion timeframe
•
Key National and International partners – Irish / civil society and international
•
Indicators for success
Over the next three years, the CDLP seeks to further develop relationships with contacts nationally, for
example with Government, civil servants, civil society groups, the disability community, etc. The inclusion of
two columns dedicated to identifying key Irish / civil society and international partners for each key research
priority area (“work package”) under Strategic Objective one reflects the CDLP’s goal to engage at national
level as well as put in place a participatory model of research, as described in Strategic Objective two. The
CDLP will approach the specific partners identified in these columns with a view to collaboration and will
select the most appropriate partners for each project. Going forward, all of the CDLP’s work will be delivered
through collaboration and consultation.
The CDLP is committed to change. As a way to measure our success in driving change we have defined a set
of Key Performance Indicators (KPIs) with which we can measure progress against our Strategic Objectives.
A Balanced Scorecard approach was used to map the indicators to each of our ten Strategic Objectives. As
outlined in the table below, the indicators and checklists for each activity will be subject to ongoing review by
the CDLP to determine that these targets are the most appropriate measures for the activities in question.
The agreed indicators are listed below according to our four priority areas: research that drives change,
education for change agents, civic engagement for impact and sustainability.
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