NAMHI NOTES

ISSUE NO.22 - AUGUST 2003

In this Newsletter:

1. Extra Funding: Announcement of extra funding by Ministers Martin & O’Malley

2. New Education Bill: Education for Persons with Disabilities Bill published in      July 

3. Disability Bill Breakthrough: Taoiseach’s commitment to publish a rights based Bill       

4. Disability Database: Report of the National Intellectual Disability Database 2001 

5. Special Olympics: Building on the success 

6. Mental Health Report: First Report of the Mental Health Commission highlights the needs of those with intellectual disability

1. Extra Funding Given

After a gruelling campaign for additional funding for new services since January, namhi welcomes the announcement on the 22nd July by Minister for Health and Children, Mr. Micheál Martin, and Minister of State, Mr. Tim O’ Malley, of €50m additional revenue and capital funding for disability services in 2003. The persistent, strategic and public campaign of namhi and other groups engaged public opinion to an unprecedented extent. This, along with the outstanding success of the Special Olympic World Games contributed to the release of urgently needed extra funding for this year. 

Mrs. Jean Spain President of namhi stated: “this announcement is very welcome to all parents, particularly to those who were faced with the prospect of their son or daughter having no service come September”. She went on to pay tribute to all parents and their supporters who took part in the campaign and thanked Ministers Martin and O’ Malley for fighting their corner to achieve the additional money. But she urged caution “this money should have been allocated on Budget Day 2002, not half way through the year” and said: ”we still have no guarantee that this will be repeated in next year’s Budget”    

The new funding consists of €20m revenue in 2003. €15m of which is for services to persons with intellectual disability and autism for emergency residential placement; the provision of day services for young adults who have left school and the enhancement of health related support services for children. €5m is allocated to services for persons with physical or sensory disabilities. This €20m in 2003 will convert into a full year cost of €30m in 2004. The money will create 600 new day places and 175 emergency residential places. €15m capital will be allocated to services for people with intellectual disability and or autism and €15m to services for people with physical or sensory disabilities. This capital funding will help upgrade many existing facilities and approximately €10m will be allocated specifically to upgrade and improve services such as St Joseph’s in St Ita’s, Portrane, Grove House, Cork, St Raphael’s, Youghal and St Brigid’s, Ballinasloe. While these services have been recognised by namhi as in need of upgrading and refurbishment it must be kept to the forefront that for the majority living in such institutions, the only real answer is their transfer to community based accommodation.

2. New Education Bill

Mr. Noel Dempsey, Minister for Education and Science, launched the Education for Persons with Disabilities Bill 2003 on 16th July. This Bill comes a year after the previous Minister for Education Dr. Michael Woods tried to rush forward a Bill before the General Election of 2002. Mr. Dempsey entered into a period of consultation with various groups including namhi. The new Bill shows evidence that the Dept of Education has taken on board many of the criticisms of the previous Bill. The primary emphasis of the Bill is to give effect in law, the constitutional right of all children with a disability to an education up to age 18 years. The Bill does not cover those over 18 years. A further period of consultation will now take place. namhi’s Education Sub-Committee will study the Bill with care. namhi has been asked by the Oireachtas Joint Committee on Education and Science to make a submission on the Bill. The main provisions of the Bill are:

• Parents to have a central role in all important decisions regarding the education of their children

• Integrated education favoured as the general approach to the education of children with disabilities

• Children will have the right to a multi-disciplinary holistic assessment that provides a detailed individual educational plan for the child, which will be regularly reviewed.

• The National Council for Special Education will have a duty in law to provide the services identified in the assessment or educational plan.

• The National Council for Special Education once established will have the primary responsibility of implementing the new Act

• An appeals system will be established. However, parents will still have the right to seek redress in the courts if the provisions of the Bill are not met

The issue of resources (financial and manpower) will be crucial to the success of this Bill as will the structures established to ensure close working relations between the Department of Health and Children and the new National Council. Further details on the Bill can be found on www.education.ie If you have any comments please forward to namhi 

3. Disability Bill

The Disability Legislation Consultation Group of which namhi is a member met with the Taoiseach and Minister of State at the Dept of Justice, Equality and Law Reform, Mr. Willie O’ Dea, on the 15th July. The Taoiseach and Minister O’ Dea gave a commitment to publish a Disability Bill in November 2003 that would provide for:

• Independent needs assessment

• A statement of needs and allocation of services

• The right of appeal to an independent appeals agency

• Ultimate access to legal remedies where other enforcement mechanisms have not worked  

These commitments, if enacted in legislation are a major breakthrough for people with disabilities, their families and representative bodies who have campaigned for over 10 years for rights based legislation. They represent a considerable advance on the first Disability Bill and are indicative of changing public attitudes towards disability. namhi played a key role in this campaign and it is one of which it can be proud. We look forward to examining the Bill next November. Please note there will be a Public Conference ‘Global Trends in Disability Law – setting a context for Irish law reform’ on Saturday 13th September 2003, at the Law Society, in Dublin. The Human Rights Commission, National Disability Authority and Law Society of Ireland will jointly host it. 

4. Disability Database

The National Intellectual Disability Database for 2001 was published in June 2003. The long awaited report makes dim reading. It states “Despite the significant investment in intellectual disability services in recent years and a corresponding growth in the level of service provision, the demographic factors outlined are contributing to long waiting lists for services and in particular for full- time residential services” The demographic factors referred to are the combined effects of the baby boom generation and increased longevity of people with intellectual disability. The major statistic to emerge is that 2,440 people are without service or a major element of the service. The vast majority of these have immediate need for residential or day programmes. 410 persons still live in psychiatric hospitals and need to be transferred to more suitable accommodation. Other facts show that over 61% of people with intellectual disability live at home. The report is the most complete report to date and is an excellent tool for planners. It is essential that the database is used to full effect and that continuing investment will be made to ensure the development of new services. namhi will be using this information as the basis of its  pre-budget submission in the autumn.

5. Special Olympics

The Special Olympics World Summer Games 2003 were an outstanding success. namhi congratulates Ms. Mary Davis, CEO of the organising committee and staff of the Games for a job well done. A heartfelt thank you to the 7,000 athletes, the 30,000 volunteers, the 168 host towns and the people of Ireland for contributing to those memorable weeks in June. namhi has written to Mary Davis with a view to harnessing the goodwill and expertise of the 30,000 volunteers into a longer lasting movement of support. namhi has received many queries from volunteers who would like to continue working with people with intellectual disability.

6. Mental Health Commission - Report

The Mental Health Commission, the body charged with the proper implementation and supervision of the Mental Health Act 2001 has published its first annual report. Ms Annie Ryan, former President of namhi and member of the current Executive is one of 13 persons appointed to the Commission by the Minister for Health and Children, Mr. Micheál Martin.  The report spells out some of the major challenges in mental health services in Ireland. Included in these are mental health services for people with intellectual disabilities. People with intellectual disabilities make up 9% of patients in psychiatric hospitals. Over three quarters of these individuals have been in hospital for five years or more. This, in spite of the fact that the Inspector of Mental Hospitals has long regarded “the practice of continued care of intellectually disabled patients in long stay psychiatric facilities as inappropriate”.

However some people with intellectual disability also have a psychiatric disorder. They require specialist services provided by multidisciplinary teams in appropriate settings. There is a lack of formal inspections of psychiatric treatment and care within learning disability services, according to the Commission.