← Back to debate record, 2026-01-15

This debate section is part of the official record of Equal Status (Access to Toilet Facilities) Bill 2026 (Equal Status (Access to Toilet Facilities) Bill 2026: First Stage).

2026-01-15

Mark Wall (recorded as: Deputy Mark Wall)
I move: That leave be granted to introduce a Bill entitled an Act to entitle customers with certain medical conditions to make use of staff toilet facilities in retail establishments in certain circumstances, to provide for redress where the entitlement is not met, and to provide for connected matters. I am delighted to introduce the Equal Status (Access to Toilet Facilities) Bill 2026 to the House today. Some people simply cannot wait until they get home to use toilet facilities. This is particularly true for those who live with chronic and invisible health conditions such as Crohn's disease or bladder conditions. Organisations like Crohn's and Colitis Ireland and Spinal Injuries Ireland offer "no wait" cards. These aim to empower individuals to request access to toilet facilities when they are in urgent need. However, these cards have no legal standing in Ireland. This is in contrast to places like California and Texas, where there are laws providing people with certain medical conditions access to a staff toilet when they need it most. The lack of legislation in Ireland places many people living with Crohn's disease and other conditions in social isolation. My Bill aims to offer a compassionate and practical solution to this by placing no wait cards on a statutory footing, ensuring that, where there are no public toilets available, shops and businesses with a staff toilet will make it available to a person with a medical condition who is in urgent need. The Bill also addresses previous concerns from businesses regarding liability under section 3 of the Occupiers' Liability Act 1995 by excluding businesses under section 5 of that Act. There will be no cost implications under the Bill on businesses to make any adaptations or other changes to staff toilets for the purposes of their use. This Bill is not just about access to toilet facilities. It is fundamentally about recognising the lived realities of people with chronic medical conditions. It is about creating a caring Republic. It could be life-changing for so many people. I want to use this opportunity to thank Maria Crowe from my home county of Kildare. Maria contacted me a number of months ago and we met up to discuss her condition and the problems she was having with businesses refusing her the use of their facilities. I was immediately struck by how brave she was and how she wanted to help others who were suffering in the same way as she was. She created the "No wait card Ireland" social media page and I encourage everybody listening and looking in today to support that page and the Bill I am launching today. I am asking the Government to work with me and Maria on this Bill for the sake of so many people. Of course, the reason for the need for this Bill is the lack of public toilet facilities in this country. That is something that will take time and we must have further conversations about it. However, time is something those who need such a card simply do not have. We need to reassure businesses that they would have no liability for allowing people holding this Government-issued card the use of their facilities. I have already reached out to their organisations to discuss this important matter. I have Crohn's disease and I know there are other people in this House who unfortunately have that disease too. We are among over 40,000 people in the country who suffer from this chronic disease. Many more thousands have chronic bowel diseases and problems which need such a card. Believe me when I say that when you get a flare-up from this disease, your life is put on hold and there is only one room in your home that you are concerned about. This is why it is so important to introduce this Bill. When a person with such a bowel disease gets an invite to go out with their friends, as many of us do, their first concern is not what to wear or how they might look, but finding out if the location has publicly-accessible toilet facilities. That is the quality of life for so many people in this country. It can change and they could have a better life and make better life choices if such a card was accepted by Government and introduced in the quickest possible time. I appreciate the Minister of State staying with us today. I ask him to work on this card with me, Maria, and everybody who suffers. I plead with the Government to fast-track the introduction of this card. It could be life-changing for so many people.
John McGuinness (recorded as: An Leas-Cheann Comhairle)
Is the Bill opposed?
Colm Brophy (recorded as: Minister of State at the Department of Justice, Home Affairs and Migration (Deputy Colm Brophy))
No.
John McGuinness (recorded as: An Leas-Cheann Comhairle)
Since this is a Private Members' Bill, Second Stage must, under Standing Orders, be taken in Private Members' time.
Mark Wall (recorded as: Deputy Mark Wall)
I move: "That the Bill be taken in Private Members' time."