Organisations representing people with different kinds of disabilities have complained that they were not consulted on the Various Laws (Disability Matters) (Amendment) Bill as stated by Family Minister Dolores Cristina when introducing the Bill in Parliament last week. .

Opposition spokesperson for persons with disabilities Justyne Caruana said that the minister’s “consultations” consisted only of the publication of the Bill after the first reading and any interested party could send comments to her ministry. She said the organisations should have been consulted while the Bill was being drafted and not after it was published.

The Bill enables Malta to ratify the UN Convention on the Rights of Persons with Disability and further improves upon the applicable strong legislative framework, enhancing its relevance to the current realities faced by persons with a disability.

It includes amendments that would substitute offensive terminology and ensures that carers of persons with disability work in the best interest of their protégées. It includes the concept of harassment making it a criminal offence liable to a fine or a prison term.

Continued participation in education would be ensured even in a change of circumstances in the life of a person with disability.

Dr Caruana said that people with disabilities had the right to be treated with dignity. Since the Bill was an attempt to improve the situation, the opposition would be voting in favour but it would present certain amendments.

In interdiction or incapacitation, a court-appointed curator would administer the estate. Dr Caruana said the court should also ensure that the person was treated in a holistic way. It should also listen to people taking care of the person as this would ensure that curatorship was being undertaken in a proper way. There were 644 persons interdicted and/or incapacitated in Malta and 156 in Gozo she said.

Dr Caruana admitted that she could not understand why the Bill catered for an interdiction with respect to persons with physical disability. There were other available procedures, such as appointing a curator and a power of attorney.

It was a pity that no statistics were kept with regard to victimisation on persons with disabilities.

On continued participation in education, the Labour MP said one should ensure that persons with a disability not only enrolled in courses but also terminated their studies with success.

Persons with a disability faced several difficulties when seeking employment: at present, there were 346 men and 71 women with a disability looking for employment.

Earlier, Mrs Cristina said the KMPD would be entitled to draw up reports and monitor the progress of the convention’s implementation. The Bill was also introducing the post of a full-time employee to see to the implementation of the convention. All this should lead to the empowerment of these persons.

However, Malta had obtained a reservation on a clause in the convention dealing with the participation of disabled persons in politics. The clause, which was reserved, provides that a disabled person should have the option to be escorted by a chosen individual when voting.

The minister said this was a sensitive issue and she felt that the reservation should not be removed.

This was because amendments in the electoral act would have to be introduced and she said this was not feasible once it was not already ascertained that such removal was to benefit disabled persons. Such persons could be influenced by family members, she said.

A number of amendments were put forward in order to eliminate discrimination against and strengthen participation in society by persons with disability. She said that the change in the terminology was not cosmetic but was vital to reflect the new needs of disabled persons. Similarly, the test of reasonableness was to be implemented in a more consistent way in the legislation.

Someone­­ found guilty of discrimination against disabled persons could be fined a maximum of €2,500, as against the present €400. Moreover, third persons would be entitled to institute legal proceedings in the name of disabled persons, after the latter would have given consent.

Minister Cristina said she was proposing amendments to the Guardianship Act.

Jean Pierre Farrugia (PN) and Carmelo Abela (PL) also contributed to the debate.

Interjecting at one point during Mr Abela’s speech, Minister Cristina confirmed that persons with disability living in government homes would continue to enjoy 40 per cent of their pension. Only 60 per cent would go straight to the agency – as is the practice at present.