The Minister of State, Deputy Pat Breen, is very welcome as ever.
Commencement Matters
Civil Marriages
I thank the Minister of State for coming into the House to deal with this matter.
In the past few months a number of people have been in contact with me to raise the concern that registrars for marriages are not available on Saturdays and Sundays. I know that, traditionally, in Ireland weddings take place six days a week, although not necessarily on a Sunday. There has been a change in that regard. People have said, in particular, that registrars are not available on a Saturday. A proposal that has been put to me is that notaries public could perform this task, as they have to go through a robust system before being appointed in the courts system. As there is a notary public in every major centre of population throughout the country, he or she might be a suitable person to be appointed.
The Irish Institute of Celebrants runs a course which leaves people with all of the qualifications required to conduct wedding ceremonies, but they are not recognised as official registrars. The institute has contacted me because people are taking the course and possess the qualifications and although they can conduct ceremonies, they are not recognised as official registrars. It costs approximately €2,500 to take the course which is quite intense. The rules and regulations must be complied with, but it does not cover the registration of marriages. There is an issue on Saturdays and Sundays as registrars are not available to conduct ceremonies. Could amending legislation be introduced to deal with the matter?
I thank the Senator for his interest in this matter. As he stated, lifestyles and the number of marriages taking place are changing. We are living in a very different society. I thank the Senator for raising the issue which I am taking on behalf of my colleague, the Minister for Employment Affairs and Social Protection, Deputy Regina Doherty, who sends her apologies as she cannot be here.
The legal basis for the appointment of civil marriage registrars may be found in Part 6 of the Civil Registration Act 2004, as amended. Sections 53 and 54 provide for the establishment of a register of solemnisers of marriage and the making of applications by bodies for the registration in the register of solemnisers of members nominated by them. A body may include the Health Service Executive for the registration of a registrar who is employed by it; a religious body, as defined in section 45 of the Act, for the registration of a member of that body; and a secular body, as defined in section 45A of the Act, for the registration of a member of that body.
The register of solemnisers is maintained by an t-Árd Chláraitheoir, the Registrar General, and holds the names of all solemnisers who have been approved to conduct valid marriages. Under the Civil Registration Act 2004, the Registrar General has the authority to make decisions on approved bodies and the registration of nominated solemnisers. The only people who can legally solemnise civil marriages are those whose names are entered in the register of solemnisers.
As a grouping, notaries public do not belong to an organisation or body that qualifies to nominate marriage solemnisers under the Act. It is not possible for an individual to apply for registration on the register of solemnisers. Applications for entry in the register of solemnisers may only be made by the HSE, a religious body or a secular body as defined in sections 45 and 45A of the Civil Registration Act 2004. There are no plans to amend the legislative provisions for the appointment of marriage solemnisers.
I am just not satisfied with that answer as it still does not deal with the problem of individuals being available to solemnise a marriage on a Saturday. If the person is a member of the religious body that has clearance from the Registrar General, it is possible but what if he or she is not a member of that religious body and there is no registrar available on a Saturday? This matter must be dealt with. I have suggested notaries public because, as I mentioned, there is one in every major centre of population throughout the country. There is a problem as people are not available on a Saturday or a Sunday to solemnise marriages, unless one goes to one of the recognised religious bodies. There is, therefore, a deficiency in the scheme. I ask for the matter to be examined to see if the process can be broadened to include persons who want to be available to solemnise marriages on Saturdays and Sundays.
I can see where the Senator is coming from. As he knows, the registration of marriages is governed by Part 6 of the Civil Registration Act 2004. The marriage provisions regulations commenced on 5 November 2007, replacing legislation which dated back to 1844. The main changes were the requirement for all couples to give notice in person of their intention to marry, the introduction of common preliminaries for all marriages and a choice of venue for civil marriages. I will take on board the Senator's legitimate views and convey them to the Minister. I will ask her to look at them, but I cannot guarantee anything in that regard. There are many solemnisers who can perform marriage ceremonies. The total number of solemnisers is approximately 5,766. In 2016 there were 5,630 religious solemnisers, with 113 civil solemnisers and 23 secular solemnisers. I can see the Senator's point about availability on Saturdays and Sundays and will convey his comments to the Minister to see if there is anything we can do. I cannot promise anything, but I thank the Senator for raising the matter. I am sure it will not go away and will be raised again in the future.
Primary Medical Certificates
I thank my colleague, the Minister of State, Deputy Michael D'Arcy, for attending the Seanad to listen to my concerns about the primary medical certificate and how it is issued, as well as the scheme to which it applies in the qualification of people with severe disabilities under the disabled drivers and disabled passengers scheme. We know that it provides relief from vehicle registration tax, VRT, VAT and motor tax to assist people with disabilities in the provision of transport so as to improve their mobility which we all agree is very important. I am sure the Minister of State will agree with me as people in his constituency may have applied for the primary medical certificate. They are people with very severe disabilities, but, unfortunately, some of them have been turned down.
I will explain why I am seeking a review of the primary medical certificate process and how people qualify under it. The qualifying criteria have been in place since the 1980s. There are six very strict criteria. Essentially, one must be without limbs or the use of both arms to qualify. The Minister of State and I, with many others, know people with severe disabilities who are wholly without the use of their limbs but who still do not qualify for receipt of the primary medical certificate. It causes much stress, anguish and frustration for people with disabilities.
I will quote one case in which I have been involved for some time. A young, 22 year old lady has had her life shattered by a chronic spinal condition, a degenerative disc disease called congenital spinal stenosis. It started when she was 17 years old. Already in her young life she has had three failed surgeries, two lumbar disectomies and instrumented spinal fusion on two levels. She has been left with intractable pain in both of her legs and back, resulting in significant mobility issues. She has been prescribed an horrendous amount of opioid medication that leaves her bedridden for most of the day and which is taking a toll on her internal organs. She was attending a degree course at the National University of Ireland, Galway, but she has been unable to return because of her spinal condition, as it brings chronic pain, there are serious mobility problems and she is on medication.
Despite all of this, an application was made for a primary medical certificate and she was devastated to discover that it had been refused. It was her one hope she would receive some support to improve her mobility, well-being and independence by being able to drive an adapted car. She uses two crutches to get around the house and a wheelchair outside it. It is really frustrating for her and her family. I undertook to try to assist her and have written to the Minister of State with responsibility for people with disabilities, Deputy Finian McGrath. who, in fairness, has offered support, but he has also said he is restricted by the scheme in place. Therefore, I ask for the review of the scheme for genuine cases involving a serious disability. A review is long overdue, as the scheme was introduced in the 1980s. I am interested in hearing the Minister of State's comments.
I thank the Senator for raising this issue.
The disabled drivers and disabled passengers (tax concessions) scheme provides relief from VAT and VRT, up to a certain limit, on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities, payment of a fuel grant and an exemption from motor tax. To qualify for the scheme, an applicant must be in possession of a primary medical certificate, PMC. To qualify for a PMC, an applicant must be permanently and severely disabled within the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 and satisfy one of a number of conditions which, as the Senator can see, have been detailed.
The senior medical officer for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria.
A successful applicant is provided with a PMC which is required under the regulations to claim the reliefs provided for in the scheme. An unsuccessful applicant can appeal the decision of the senior medical officer to the Disabled Drivers Medical Board of Appeal, DDMBA, which makes a new clinical determination in respect of the individual. The regulations mandate that the DDMBA is independent in the exercise of its functions to ensure the integrity of its clinical determinations. In the event that an appeal is unsuccessful, a citizen can reapply for a PMC after six months if there has been a deterioration in his or her condition.
The scheme represents significant tax expenditure. Between the VRT and VAT forgone and fuel grant provided for members, the scheme represented a cost of €65 million in 2017. This figure did not include the revenue forgone in respect of the relief from motor tax provided for members of the scheme.
The Minister for Finance recognises the important role the scheme plays in expanding the mobility of citizens with disabilities and that the relief has been maintained at current levels throughout the crisis, despite the requirement for significant fiscal consolidation. He understands and fully sympathises with any person who suffers from a serious physical disability and cannot access the scheme under the current criteria. However, given the scale and scope of the scheme, any possible change could only be made after careful consideration and taking into account other schemes that also seek to help with the mobility of disabled persons. The issue of mobility grants for disabled persons needs to be examined in a broader context to include all schemes that serve disabled persons and recognise the current scale and scope of the disabled drivers scheme. There are no further plans to review the medical criteria for eligibility.
To a degree, the response is accurate. The Senator has outlined an experience similar to what I have seen on the ground in representing people in my constituency of Wexford. The medical officers and those who decide on appeals can only apply the rules. While there is a degree of discretion, it only applies if the criteria are met. The case outlined by the Senator does not meet the criteria. A larger conversation is required in that regard, but since there are no plans, it is a matter for others in this or the Lower House to propose an expansion of the medical criteria under the scheme.
I thank the Minister of State. I accept that the Department and medical officers must apply the criteria, but, for the reasons outlined, many others and I believe they are too rigid. For example, they do not allow for people with serious spinal injuries or who are in pain and suffering. The mobility and related issues of such persons are not being recognised. I have no problem in saying this seems to be a budgetary rather than a mobility and health issue. The scheme was designed to improve the mobility of people with serious disabilities. While the criteria allow for that to happen in many cases, they exclude many others. I have used a live example of a person with a degenerative disease and a spinal condition. There is a fear within the Civil Service that the floodgates would be opened if the scheme was to be expanded further, but the Minister of State knows as well as I that there are people with serious disabilities who should qualify for such supports but who, unfortunately, do not under the current regime. I will continue to work on this matter and ask for the support of the Minister of State and other colleagues in having the scheme reviewed at some stage to take into account the real needs of disabled people.
A number of improvements were made in January 2016. First, for those citizens who required extensive modifications to their vehicles to take account of their disabilities, where the cost of the modifications exceeded the cost of the vehicles, a category of extensively adapted vehicle was provided for drivers and passengers. The VRT and VAT relief on such vehicles can be up to a figure of €22,000. A category of specifically adapted vehicle was provided for drivers with disabilities who had made significant adaptions to their vehicles. VAT and VRT relief up to a figure of €16,000 is provided in the purchase of such vehicles. The criteria under which an organisation could avail of relief were amended to allow many more charitable organisations involved in the care and transport of citizens with disabilities to become beneficiaries under the scheme.
The Minister for Finance, Deputy Paschal Donohoe, removed some unnecessary and burdensome criteria to improve the functioning of the scheme for beneficiaries. The improvements included an increase in engine size limits from 2 litre to 6 litre and removing the authorised person requirement. Further to this, he amended the regulations in the budget for this year to widen access to the scheme for charitable organisations, the purpose of which was to provide services for disabled persons. This matter was raised by Members in both Houses, to whom we listened.
My personal view on the scheme, of which the Senator is probably aware, has been outlined in both Houses, but I am responding to him in the name of the Department. It is a matter for the Houses to decide and I encourage them to examine it further. As we showed in the budget, we were listening and changes were made to increase flexibility under the scheme. Perhaps the next opportunity to increase it further might be in the next budget.
I welcome Mr. Ryan Tubridy to the Chamber. I am sorry that I missed most of his programme. I miscued at 9 a.m.