The Economic and Social Research Institute has said the State should clearly outline what level of disability services it intends providing with existing expenditure.
In a new report, the ESRI suggests that people with disabilities should be given enforceable entitlements to those services using what it calls 'appropriate mechanisms'.
However, the Institute also suggests 'parking' a demand by the disability lobby that powers should be given to the courts to enforce rights to services.
Commissioned by the Government, the ESRI report is published as a new Disabilities Bill is being drafted to replace the controversial one withdrawn last year following protests that it stopped people with disabilities suing the state to secure services.
The author, Professor Brian Nolan, acknowledges that many disabled people are demanding a rights based bill because they have experienced inadequate services for years.
But he warns that, if carried to the extreme, their demand risks making the best the enemy of the good.
He says organisations in the Disability Legislation Consultation Group want an individual's needs assessed independently of the current availability of services, and the services identified delivered as a right, ultimately enforceable in court.
But he warns, under this scenario, professionals and the courts would make decisions about resource allocation without direct reference to parliament or the availability of resources.
He suggests trying instead to make progress incrementally with the State saying clearly what level of disability services it intends providing with existing expenditure, and giving people with disabilities enforceable entitlements to those services using 'appropriate mechanisms'.
