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Dáil Debates & Questions
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February 02 2010
Parliamentary Questions
PARLIAMENTARY QUESTIONS Deputy David Stanton (FG): asked the Tánaiste and Minister for Enterprise, Trade and Employment the actions she has taken on foot of receiving the research report on acquired disability and employment; Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): This consultancy study entitled, Research Report on Acquired Disability and Employment, was commissioned by the Department of Enterprise, Trade and Employment following discussions with its Consultative Forum on an employment strategy for people with disabilities, and completed in 2008. Key findings in the study explore the incidence of disability acquired by people during their working life, leading to long- term absence from work, and the perceived barriers to retention in employment following such a disability. A number of key recommendations in the report relate to achieving a reduction in the inflow of long term receipt of Invalidity Benefit, and reducing the stock of long term recipients of Invalidity Benefit. These are matters for consideration by the Department of Social and Family Affairs. A number of recommendations are also directed to employers with regard to increasing their responsibility and involvement in the retention and re-integration of employees. Other supporting recommendations are directed to the Department of Enterprise, Trade and Employment and State bodies including the Health and Safety Authority, the National Employment Rights Authority, FÁS, the National Disability Authority and the Equality Authority. In so far as recommendations concern my Department, the matter of workplace health of all kinds is supported in a number of ways by the HSA. The HSA is working on extending its range of activities in this area and has planned this in its range of activities for 2010. It has an increasing focus on occupational health. In the general area of workplace health, including mental health, bullying and stress, the HSA has a Code of Practice on the Prevention of Workplace Bullying in place since 2006, and in its inspection programme monitors workplaces for policies on workplace bullying. The HSA plans to update its existing guidelines on workplace stress in 2010. The HSA also monitors workplaces in the financial sector for policies on stress. In 2009 the HSA updated its Work Positive Audit Tool and in 2010 plans to do more work on it. It published an employer’s guide to implementing inclusive health and safety practices for employees with disabilities in March, 2009. Other actions on foot of the recommendations, that are of interest to the Department of Enterprise, Trade and Employment are subject to on-going consideration, and will inform future policy in the context of the further advancement of a comprehensive strategy for people with disabilities. In this regard, NERA has indicated its readiness to co-operate in any initiative at the Department’s behest, subject to resources, and its appropriateness to the NERA remit.
Deputy David Stanton (FG): asked the Tánaiste and Minister for Enterprise, Trade and Employment the changes she has introduced following the publication of the review of wage subsidy scheme; the further action she will take regarding the recommendations of the report; Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): A consultancy review of the operation of the pilot phase of the Wage Subsidy Scheme, that was commissioned by my Department, recommended that the scheme be placed on a permanent footing subject to a number of reforms being made to enhance its future operation, and improve take-up by both employers and people with disabilities. These reforms are being implemented on an on-going basis and comprise:
Subject to these reforms being successful, consideration will be given to extending eligibility for the Wage Subsidy Scheme to employment under the Disability Allowance Disregard Scheme operated by the Department of Social and Family Affairs, subject to the need for limiting deadweight costs.
Deputy James Reilly (FG): asked the Minister for Health and Children when a decision will be made on the site for the relocation of the Central Mental Hospital, Dundrum, Dublin; the timeframe for the proposed construction of a new central mental hospital; the location of the new hospital the number of staff that will be employed in the proposed new hospital; the number of patients proposed for the facility; Minister of State at the Department of Health and Children (Deputy John Moloney): It has been ascertained that the site proposed for the development of a new Central Mental Hospital (CMH) at Thornton Hall, Co Dublin, is not large enough to accommodate an Intellectual Disability Forensic Mental Health Unit and a Child and Adolescent Forensic Mental Health, the need for which has been identified by the HSE. The question of the relocation of the CMH to an alternative site is currently under consideration by, and remains a priority for, the Government.
Deputy David Stanton (FG): asked the Minister for Education and Science further to Parliamentary Question No. 1123 of 19 January 2010, the schools at which the National Council for Special Education structured appeals process whereby schools and parents can appeal special education needs organiser decisions is currently being piloted; the duration of the pilot scheme; when this appeal system will be available to all schools and parents; if there is an avenue of appeal of review for parents and schools who are unhappy with a special education needs organiser decision if they do not have any new information; if the National Council for Special Education has established an independent appeal advisory committee, comprising an independent chair, a parents’ representative and a school management representative, which will consider cases where schools consider that the appeals process was inadequate or inappropriate in addressing the concerns or represents an irrational interpretation of the facts and application of the policy criteria; the membership of same; Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy is aware the National Council for Special Education (NCSE) intends to introduce a structured appeals process whereby schools and parents, where appropriate, may seek to appeal the decision of a Special Educational Needs Organiser in relation to the allocation of resources. I am pleased to advise the Deputy that the current pilot phase of this structured appeals process is scheduled for completion later this month. The NCSE has advised that on completion of the pilot phase it intends to fully introduce a structured appeals process for all schools. I am asking the NCSE to contact the Deputy directly in relation the issues he has raised about the structured appeals pilot. Separately, the NCSE will then set up an independent Appeal Advisory Committee, comprising an independent chair, a parents’ representative and a school management representative. This Committee will consider cases where schools consider that the new appeals process was inadequate or inappropriate in addressing the concerns raised. I will request the NCSE to advise the Deputy of the membership of this Advisory Committee once it has been set up. Deputy David Stanton (FG): asked the Minister for Education and Science further to Parliamentary Question No. 118 of 20 October 2009 the amount allocated by his Department to the special education appeals board in 2009 and 2010; the expenditure in 2009; further to Parliamentary Question No. 118 of 20 October 2009, if the position of Chairperson and two ordinary staff members of the special education appeals board will be renewed in April 2010; if additional staff will be appointed to the board; when the SEAB will begin accepting appeals; Minister for Education and Science (Deputy Batt O’Keeffe): The Education for Persons with Special Educational Needs (EPSEN) Act, 2004 provides for the establishment of the Special Education Appeals Board (SEAB), to hear and determine appeals under the act. The appellant sections of the Act have not yet commenced. As the Deputy is aware, the commitment in the renewed Programme for Government is to develop, in consultation with stakeholders, a costed multi-annual plan to implement some priority aspects of the EPSEN Act, focusing on measurable, practical progress in education and health services for children with special needs. All parts of the EPSEN legislation, which have not been commenced to date, will be considered during this process. The Deputy will be aware that SEAB does not have a separate budget. My Department spent €68,695 in 2009 in funding its operations, having estimated for costs of €100,000. An allocation of €70,000 has been made for 2010. The term of office of the inaugural board members will end in April 2010. This issue is under active consideration in my Department.
Deputy Olivia Mitchell (FG): asked the Minister for Education and Science if his attention has been drawn to the cuts in both mainstream teachers and special needs assistants recommended by a special education needs organisation group for a school (details supplied); if his further attention has been drawn to the effect this will have on the ability of the school to fulfil its challenging function; Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. The NCSE is an independent agency with responsibility for determining the appropriate staffing levels in relation to the support of pupils with special educational needs in mainstream and special schools. The Deputy will be aware that the NCSE, through its network of SENOs, is at present carrying out a review of SNA allocations in all schools with a view to ensuring that the criteria governing the allocation of such posts are properly met. This is an exercise in identifying surplus posts which are in the system and which do not meet the current criteria — posts that have been retained when a pupil’s care needs have diminished or where the pupil has left. I understand from the NCSE that the review process in the school in question is not fully complete and is expected to be completed within the coming days. In cases where adjustments to the staffing allocation in a school are necessary, the NCSE will liaise with the school authorities regarding the adjustment process. The Deputy may also be aware that the NCSE is currently in the process of establishing an appeals process and a pilot of this process is almost concluded. I understand that in a few weeks, all schools will be in a position to avail of the appeals process. In the meantime, the NCSE will undertake to review a decision taken by a SENO on foot of a request from a school or parents/guardians, when accompanied by relevant additional information such as professional reports which may not have been to hand at the time of the decision. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child’s special educational needs, using the contact details available on www.ncse.ie I have arranged for the details supplied to be forwarded to the NCSE for their attention and direct reply.
Deputy Brian Hayes (FG): asked the Minister for Education and Science the number of special needs assistants that have recently lost their employment following a decision of the National Economic and Social Council. Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that the National Council for Special Education (NCSE), through its network of Special Educational Needs Organisers (SENOs), is at present carrying out a review of Special Needs Assistant (SNA) allocations in all schools. The purpose of this review is to ensure that all SNA posts meet the criteria governing the allocation of such posts, as outlined in my Department’s Circular 07/02. As part of this review, the NCSE will identify and suppress any surplus posts which do not meet the scheme’s criteria — for example, posts that have been retained when a pupil’s care needs have diminished or when the pupil has left. The allocation for any school, and any adjustments to that allocation, depends on a number of factors such as the number of pupils with care/medical needs leaving, the number of new pupils, the changing needs of the pupils and any surplus identified. Furthermore, schools can make applications at any time with the result that the individual situation of any school can change and allocations are not static for a school year in the same way as are, for example, classroom teaching posts. The NCSE is independent in the making and issuing of its decisions relating to SNA allocations. SENOs are communicating the outcome of the review directly to schools as the review progresses. The NCSE has advised that the review will be completed by end March 2010. I wish to assure the Deputy that SNA support will continue to be made available to schools which have enrolled pupils who qualify for such support.
Deputy Bobby Aylward (FF): asked the Minister for Health and Children if her attention has been drawn to the situation which exists in a special needs school in County Kilkenny, whereby no full-time physiotherapist, speech therapist or occupational therapist services are available to approximately 70 children who are in need of such services on a weekly basis; when the fulltime personnel will be made available to the school; Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.
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Inclusion
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