Cara Darmody: The law breakers are at the Cabinet table

Cara Darmody is only 14, but she's been promised by three different taoisigh they would fix issues with assessments of needs. All three have failed dramatically, she says

Disability campaigner Cara Darmody at a 50-hour protest against the backlog in the assessment of needs system outside Leinster House, Dublin, last month.

Let’s cut straight to the chase in this opinion piece — I’m here today to call out the blatant assessments of needs law-breaking by the Taoiseach and the Government! Three different taoisigh have made promises to me to fix this issue, and all have dramatically failed.

I’m the 14-year old disability rights campaigner who performed a 50-hour protest on the dirty street outside Leinster House three weeks ago, and I’m the campaigner who was credited by the previous taoiseach for the allocation of €10m of Government funding to what he calls "Cara’s fund". 

Let me explain how the Government is breaking the law. The Disability Act of 2005 states an assessment of need must be carried out on an autistic child within six months, full-stop. That six-month timeframe is there because every single person knows early intervention is the key. 

It’s also generally accepted that when early intervention does not occur, that permanent damage is caused to children with disabilities. It’s a no-brainer.

Cara Darmody is escorted by Sinn Féin Maurice Quinlivan as she arrives at Leinster House to address the Oireachtas committee on disability matters. Picture: Sam Boal/Collins

My own story is very simple — while I’m not autistic, I have two brothers Neil, 12, and John, eight, who are, and who have severe and profound intellectual disabilities. They were both failed dramatically by the State in relation to assessments and services and Neil remains in an inappropriate school place.

Our story is the story of so many thousands of other families. I cannot do anything to change the permanent damage caused to Neil and John, but I can advocate to stop damage being done to thousands of autistic children in the future.

And this law-breaking by the Government isn’t like parking on double yellow lines, where people can simply drive around you. This is law-breaking that causes permanent damage to autistic children.

Let’s look at what’s happening in Ireland right now — in 93% of cases, children are assessed outside the six-month timeframe. So let’s call a spade a spade — the law is being systematically smashed by the Government. In Co Tipperary, where I’m from, the present waiting time is 48 months. This isn’t a close call.

There are presently more than 15,000 children waiting on HSE assessments of needs waiting lists. Shockingly, the HSE has revealed the figure will go to 25,000 by Christmas. 

All because the Government is asleep at the wheel and in a non-emergency mode of action. No spin or political waffle can hide the truth of these figures.

The Cabinet is breaking the law, the Taoiseach is breaking the law. I get it that they don’t want to hear that kind of criticism, I do, but it’s the truth — they are law-breakers when it comes to assessments of needs. And if they don’t like that criticism, then here’s my advice — stop breaking the law!

It’s a sad indictment on our country that if someone asked me to find a location in Ireland where 100% of the people present are breaking a law of some type, then I would go to the Taoiseach’s department on a Tuesday morning for the Cabinet meeting. That’s shocking to say but it’s true.

Three weeks ago, I was so grateful to be invited to meet our Taoiseach during my protest. But I was shocked he would not declare this as a national emergency. He’s breaking the law, and the HSE has now handed him evidence that this crisis is totally out of control, with figures to rise by 10,000 children over the next seven months. 

Cara with then taoiseach Simon Harris in 2024. Picture: Mark Darmody

How many does that number have to reach before he declares this as a national emergency? 30,000? 40,000? 50,000?

Cara at Leinster House halfway through her 50-hour sleepout. Picture: SAM BOAL/Collins Photos

So let’s look at the Taoiseach’s own words — he says they’re “not in a position to uphold the law”. Seriously! Could you imagine any citizen in this country being allowed to get away with such a statement. He also said: “It’s a technical breach of the law.” Well I have news for him — this is not a technical breach of the law, it’s total and utter blatant law-breaking.

I’m going to be blunt to the Taoiseach. Your law-breaking is causing permanent damage to children with disabilities. You and your Cabinet need to wake up and show some initiative and urgency. Children are suffering permanent damage at your hands and your conduct needs to be called out.

And why do I believe the Government is asleep at the wheel? It’s because they are stuck in the captivity of negativity, an endless cycle of negative thinking that fails to remove barriers on the road to progress.

So if the Taoiseach feels he can’t sit down with the HSE chief executive Bernard Gloster to urgently seek solutions to this national crisis, then I’ll give it a go myself. I’m delighted to have secured a meeting Mr Gloster on July 1 at HSE headquarters where I hope we can make huge progress on this crisis.

My message to the Taoiseach today is very simple — immediately declare this as a national emergency, set up a taskforce to physically knock on every private psychologist and therapist’s door in the country with an emergency request for help, and dramatically finance Cara’s Fund. 

And finally, Taoiseach — stop breaking the assessments of needs law!