Inclusion Ireland and AsIAm welcome the publication of the Pre‑Legislative Scrutiny of the General Scheme of the Disability (Amendment) Bill 2025.

Inclusion Ireland AsIAm welcome the publication of the Pre‑Legislative Scrutiny of the General Scheme of the Disability (Amendment) Bill 2025.

 Many of the recommendations that both organisations put forward were included in the publication; these include:

 

• A “Rights” Framework Without “Rights” (Recommendations 1 and 24): We welcome the Committee’s insistence that the Bill be “reflected expressly” with the UNCRPD and UNCRC.
• Validation of the “Severe wider pressures” (Recommendation 30): the Committee has called out the State’s “modest” response to a much broader crisis. Their recommendation for an immediate broader review of the 2005 Disability Act is aligned with the view of both organisations. Whilst the potential to make the Assessment of Need (AON) process more effective is welcomed broadly, only focusing on improving the process is a “sticking plaster” that ignores the system’s structural failures.
• Defending Diagnosis Against Misinformation (Recommendation 6): The Committee has rightly echoed AsIAm’s warning that a needs-based approach must not erase the right to a diagnosis. While this protects the clinical integrity of autism assessments, the Bill still falls short of ensuring these reports carry authoritative weight. While this keeps autism assessments accurate and professional, the Bill still fails to give the final reports official authority.
• Neutralising the Threat of “Checklist Gatekeeping” (Recommendation 13): Our recommendation that Ministerial guidelines be “non-binding” was reflected in the report.
• Ending the “Deemed Withdrawn” presentation (Recommendations 10-12): The Committee has backed Inclusion Ireland’s calls for primary legislation safeguards to prevent families from being quietly removed from waiting lists via “deemed withdrawn” notices due to circumstances within the child’s environment.
• The Education Gap (Recommendation 27): While the report calls for a “practical interface” with the Education for Persons with Special Educational Needs Act, there is still no clear statutory pathway which brings clarity for children and families.
• Demanding Statutory “Co-Creation” (Recommendation 18): The Committee’s call for “co-creation” with Disabled Persons Organisations (DPOs) is a major step toward UNCRPD compliance.
• Role of the Assessment of Need Officer (Recommendation 4): The report calls for greater clarity on the qualifications of the AON officer and what supports will be immediately available to them in making decisions. It is important that those making decisions on applications have the appropriate training and understanding of disability.

 

What next? 

 

Both organisations are due to meet Minister Higgins in the coming weeks to discuss the findings of the report. We want clarity on the next steps as the legislation proceeds in terms of how these recommendations will be taken on board. It is critical that the final legislation strengthens, protects, and advances the rights of autistic people and people with intellectual disabilities.

To ensure the proposed reform centers on lived experiences and improves the lives of our communities, we are seeking clarity on how children and families will be meaningfully included in the next steps.

 

 

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