
November 03 2009
Parliamentary Questions
PARLIAMENTARY QUESTIONS
- Inclusion of autism data in census
Deputy Paul Gogarty (GP): asked the Taoiseach if his attention has been drawn to the calls being made to identify the number and geographic spread of children and adults with autism spectrum disorders in view of the lack of clear information available on a nationwide basis; if he will request the Central Statistics Office to include such a category in the next census;
Minister of State at the Department of the Taoiseach (Deputy Pat Carey): As part of the preparatory work for the 2011 census the CSO conducted a public consultation by inviting members of the public and various interest groups to make submissions on the topics to be covered, and on the outputs to be produced. A notice to this effect was published in the national press in September 2008 seeking submissions, and all government departments were contacted for their input. This phase of the process has now concluded. A Census Advisory Group was set up in autumn 2008 to consider the submissions received and advise on the questions to be tested in a pilot survey planned to be carried in April 2009. The Census Advisory Group is representative of central and local government, the social partners, universities, research bodies and other users of census data along with the relevant CSO personnel. Over 90 submissions covering 31 topics were received in total, among them submissions on the subject of disability, and in particular on the subject of autism. A specific sub-group was convened to consider the disability questions on the census form. This sub-group was composed of representatives from the National Disability Authority, the Equality Authority, the Disability Federation of Ireland and the National Federation of Voluntary Bodies. The proposal to list specific disabilities within the disability question, namely to make specific reference to autistic spectrum disorder, or downs syndrome, in the category ‘A learning or intellectual disability’ was considered at the second meeting of the group. The group concluded that it would not be appropriate, nor would there be enough room on the census form, to list all individual disabilities. However, in order to go some way towards accommodating this request the existing (2006) category ‘A learning or intellectual disability’ was split into two categories ‘An intellectual disability’ and separately ‘A difficulty with learning,remembering or concentrating’ for testing in the pilot survey. The group felt that this approach narrowed the categories and thus helped address the issue of autism, while allowing the question to remain as inclusive as possible. The new wording of the disability questions which were tested in the Census Pilot Survey in April 2009 were as follows:Census Pilot Survey 2009 — wording of Disability questions (Form B) 14 Do you have any of the following long-lasting conditions or difficulties?
- Person with a disability doing ‘rehabilitative work’ and minimum wage
Deputy Jimmy Deenihan (FG): asked the Tánaiste and Minister for Enterprise, Trade and Employment if a limited company is obliged to pay their staff the minimum wage; if there are exceptions to the rule in cases of persons with a disability who are doing rehabilitative work;
Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The National Minimum Wage Act applies to persons who have employee status.Under the National Minimum Wage Act, 2000 an employee is defined as a person who worksunder a contract of employment. A contract of employment (which can be written or implied)means a contract of service or apprenticeship or any other contract whereby an individualagrees with another person to do or perform personally any work or service for that person.The only employees who are excluded from the provisions of the Act are close relatives ofthe employer and statutory apprentices within the meaning of the Industrial Training Act, 1967and the Labour Services Act 1987. The Minimum Wage Act therefore would apply to thosewho are doing rehabilitative work if they have employee status.
- VAT refund for a panic alarm system
Deputy Noel Ahern (FF): asked the Minister for Finance if there is a scheme operated by his Department or an agency under his remit to provide grants or assistance towards installation of house alarms for the elderly; if such a scheme is under consideration; the success or otherwise of the scheme previously run by his Department, whereby tax relief against the cost of an alarm was available.
Minister for Finance (Deputy Brian Lenihan): There is no scheme of grants or assistance towards the cost of the installation of house alarms for the elderly available from my Department. Tax relief was available for expenditure incurred in the period from 23 January 1996 to 5 April 1998 for the cost of purchase and/or installation of alarm systems in the sole or main residence of individuals aged 65 years or over and who lived alone for the greater part of the tax year in which the expenditure was incurred. A relative of the individual was entitled to claim the relief provided the claimant incurred the expenditure on the purchase and/or installation of the alarm system. Tax relief was granted on expenditure of up to £800 at the standard of rate of tax in force at the time. As to the success or otherwise of that scheme, in the period 23 January 1996 to 5 April 1998 (spanning the tax years 1995/96, 1996/97 and 1997/98), tax relief was claimed by or on behalf of 1,200 elderly individuals at a total cost of €200,000. The Deputy may also wish to note that under the Value Added Tax (Refund of Tax) (No. 15) Order 1981, it may be possible to obtain a VAT refund in respect of the purchase of a panic alarm system by or on behalf of a disabled person, as it may be considered a medical device for the purpose of this refund order. However, any VAT paid in respect of monitoring and maintenance fees is not recoverable.
- Move to community based care away from long stay institutional beds
Deputy Frank Feighan (FG): asked the Minister for Health and Children if she will consider implementing two urgent recommendations of a recent report’s new performance indicators along with up to date data should be developed and published by Health Service Executive to enable accurate monitoring of mental health budget and to ensure the most effective use of scarce resources to improve value for money; and if she will consider a greater move to community based care away from long stay institutional beds.
Minister of State at the Department of Health and Children (Deputy John Moloney): Under the Health Act 2004 the Health Service Executive is required to prepare and submit an annual Service Plan to the Minister for approval. The Service Plan must, inter alia, reflect the policies and objectives of the Minister and the Government. Significant progress was made in the HSE Service Plan 2009 in terms of incorporating more explicit links between funding, staffing and services and the development of an improved set of activity measures, performance indicators and deliverables in key service areas, including in the mental health area, which are matched with timescales. These improvements form a framework for achieving greater clarity at an individual service unit level within the HSE on performance expectations regarding service delivery, staffing levels and funding. My Department has an agreed monitoring framework with the HSE and receives detailed comprehensive monthly reports on all aspects of progression of the National Service Plan, including information on activity measures and performance indicators. These Performance Reports are published on the HSE’s website each month following approval by the HSE Board. My Department is working on an ongoing collaborative basis with the HSE to further develop and refine performance measures across all service areas, including mental health, to ensure that they are as robust and meaningful as possible and reflect key priorities and international best practice as well as being comparable both within the EU and further afield. The modernisation of mental health services in line with ‘A Vision for Change’ is the responsibility of the HSE. It can be achieved to a significant extent through the remodelling of existing resources which will result in the creation of a patient-centred, flexible and community based mental health service, where need for hospital admission is greatly reduced, whilst still providing in-patient care when appropriate. In January 2008, the Office for Disability and Mental Health was established and one of its priorities is to drive implementation of ‘A Vision forChange’. In April 2009, the HSE adopted an implementation plan for the five year period 2009-2013 and it has also recently appointed a national lead for mental health who will bring a new impetus to the implementation of ‘A Vision for Change’.
- Progress in transfer of people with an intellectual disability out of psychiatric hospitals
Deputy Kathleen Lynch (L): asked the Minister for Health and Children the progress that is being made in the programme to transfer people with an intellectual disability inappropriately placed in psychiatric hospitals to more suitable accommodation; Minister of State at the Department of Health and Children (Deputy John Moloney): The position in relation to the transfer of people with an intellectual disability currently residing in psychiatric hospitals is being addressed as part of the HSE’s Vision for Change Implementation Plan. Closure plans which are currently being developed for large psychiatric hospitals, where there are approximately 300 people with intellectual disability, will include arrangements for the transfer of those individuals to appropriate community residential facilities. 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.
- Special needs assistant for children enrolled in the early childhood care and education scheme
Deputy Caoimhghín O’Caoláin (SF): asked the Minister for Health and Children if children with special needs who are enrolled in the early childhood care and education scheme will have a special needs assistant provided for the full 15 hours per week of the scheme;
Minister of State at the Department of Health and Children (Deputy Barry Andrews): I have responsibility for the implementation of the free Pre-School Year in Early Childhood Care and Education (ECCE) scheme which is being introduced in January 2010. All services participating in the ECCE scheme will be required to make reasonable accommodation for children with special needs, as required under the Equal Status Acts 2000 to 2004. Where additional assistance is sought for children enrolled in participating services, the Health Service Executive (HSE) will assess the level of assistance required. The level of assistance provided will vary depending on the level of need assessed and the availability of resources.The ECCE scheme includes a number of provisions to address issues which may arise in relation to children with special needs. These include extending the upper age limit for qualification under the scheme to allow children who have been assessed by the HSE as being developmentally delayed or having a physical or sensory disability which prevents them from availing of age-appropriate education. In such cases, the pre-school year relevant to such children will be taken as their qualifying year. To apply for an exemption to be made on either of these grounds, a letter should be forwarded to the Childcare Directorate in my Office stating the reasons for the exception sought. The letter should be accompanied by a copy of the child’s birth certificate, details of his or her Personal Public Service (PPS) number and the name and address of the pre-school service in which s/he will be enrolled. In addition, the letter should be accompanied either by a supporting assessment report from the HSE or, where relevant, by a letter from the Principal of the local primary school confirming the age admissions policy applied. Given the timeframe available before the introduction of the first period of free pre-school provision in January next, it is accepted that not all parents will have had time to apply for and receive an assessment report in advance of this date. To accommodate parents in this position, a professional assessment other than from the HSE may be accepted. This would not include assessments provided, for example, by a General Practitioner. Additionally, the general requirement that a child would be expected to attend 4 or 5 days each week will not apply to children with special needs where a shorter week would be more appropriate to their needs. Many specialist pre-school services arrange for children attending their services to also attend a mainstream service for 1, 2, or 3 days a week and this will continue to be facilitated under the ECCE.
- Autism category on census
Deputy Paul Gogarty (GP): asked the Minister for Health and Children the way information is gathered to clearly identify children with autism spectrum disorders; her views on whether including such a category within the census would assist her Department, the Health Service Executive and other agencies in providing a targeted response in a cost effective and timely manner;
Minister of State at the Department of Health and Children (Deputy John Moloney): The Central Statistics Office has indicated to the Department that a specific question on autistic spectrum disorder will not be included in the 2011 Census of Population. It is planned to include a general question on the number of persons with a disability but not to include questions on specific disabilities. This approach is being taken following a consultation process in 2008, in relation to the contents of the 2011 Census of Population, which included representatives of the National Disability Authority, the Equality Authority, the Disability Federation of Ireland and the National Federation of Voluntary Bodies. 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.
- Educate public about autism
Deputy Paul Gogarty (GP): asked the Minister for Health and Children the initiatives which have taken place in recent years to educate the public about autism spectrum disorders and the way it affects the people with such conditions in view of the lack of understanding amongst the general public and some agencies which leads to misunderstandings in schools and social situations; if such an information campaign could be put together cheaply over the coming months;
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.
Deputy James Reilly (FG): asked the Minister for Health and Children the details on the new Health Service Executive structure; and if she will make a statement on the matter.
Minister for Health and Children (Deputy Mary Harney): The HSE proposed to Government last year that it put in place a number of changes to drive operational performance and accountability at local level, to provide clinical leadership to improve quality and standards and to deliver hospital and community services in a fully integrated way. These changes included:
- the appointment of a new Director of Clinical Care and Quality;the establishment of an Integrated Services Directorate to replace the National Hospitals Office and the Primary, Community and Continuing Care Directorates;the establishment of four regional management teams, headed by Regional Directors of Operations who would be accountable and responsible for all local health and social care services in the four geographical areas; HSE South, HSE Dublin North East, HSE Dublin Mid Leinster and HSE West;
- the appointment of four Care Group leads (Children and Families, Disability, Mental Health and Older People) at national level to ensure that the delivery of services for these groups is planned and provided in an integrated way across the country.
The HSE has worked closely with my Department to implement these changes. The National Director of Clinical Care and Quality has been appointed along with the National Director for Integration (Performance and Financial Management) and the National Director for Integration (Reconfiguration). A recruitment process has been underway for the four Regional Operations Director posts and the four Care Group leads. The HSE announced last month that three of the four Regional Operations Posts (HSE South, HSE Dublin North East, HSE Dublin Mid Leinster) had now been filled, and the process continues for the remaining posts. The next step is to put in place the regional level structures for all services. Until this work is complete, existing hospital networks and local health offices will remain unchanged and will continue to be responsible for meeting their 2009 responsibilities and accountabilities for service delivery and budgets. They will now report at regional level to their Regional Director.
- Expert group on resource allocation in the health sector
Deputy James Reilly (FG): asked the Minister for Health and Children the details of the expert group on resource allocation in the health sector; when it is expected to report;
Minister for Health and Children (Deputy Mary Harney): The Deputy will be aware that the Revised Programme for Government states the following in relation to Financing “......also taking account of the report of the Expert Group on ResourceAllocation in the Health Sector, we will examine the most appropriate future mix of sources of finance to support this vision of the health services, from among general taxation, social insurance/health levy, private health insurance and individual co-payments.” I established the Expert Group on Resource Allocation and Financing in the Health Sector under the chairmanship of Professor Frances Ruane, Director, ESRI in April this year to examine how the existing system of resource allocation within the Irish public health service can be improved to support better the aims of the health reform programme. I have asked this Group to recommend the best ways to achieve this within the level of resources available to health and to report to me and the Minister for Finance in April 2010. Specifically, I have asked the Group:
- to analyse the strengths and weaknesses of the current resource allocation arrangements for health and personal social services;to recommend appropriate changes in these arrangements, which would support and incentivise the achievement of the core objectives of the health reform programme;in the light of its work, to take a view on the most appropriate financing mechanism for the Irish health service, and
- to base its examination and recommendations on the existing quantum of public funding for health.
The membership of the group comprises representatives from the Department of Health and Children, Department of Finance, HSE, economists, voluntary hospitals, medical consultants, non-acute sector/primary care, non-statutory disability sector, public sector and private sector. The Expert Group has met five times while sub-groups established by the plenary group have been meeting on a regular basis since the first meeting of the Group on 28 April. The Deputy will also be aware that there are a range of services that are provided on a universal or whole population basis such as public hospital in-patient and out-patient services including consultant services, while also available to the whole population are maternity and infant care and child health services. In regard to high quality care the Deputy will be aware that the Revised Programme for Government also refers to the commitment to organize hospital services on the basis of clear patient safety and quality care standards, drawn from best international practice, and progressively move towards mandatory licensing of services based on explicit standards. In that connection the continuing work of the Health Information and Quality Authority (HIQA) together with the work being done by the Implementation Steering Group for the Report of the Commission on Patient Safety and Quality Assurance in the area of licensing for example, is relevant. The Deputy will also be aware that with regard to equity of access the Revised Programme for Government states “Equity of Access; implement key features of the new consultants’ contract to ensure that public and private patients are treated equally for access to key outpatient and diagnostic services, for example in cancer care and colonoscopies.”
Deputy James Reilly (FG): asked the Minister for Health and Children her plans, in relation to the revised programme for Government commitment, to create more primary care teams, through redeploying existing staff; the number of staff to be redeployed; when they will be redeployed;
Minister for Health and Children (Deputy Mary Harney): The Renewed Programme for Government contains a commitment by Government to lead a major re-orientation of health care delivery to primary and community-based care as the location where most healthcare is provided and to create more primary care teams by re-deploying existing staff so that they can deliver more planned and integrated care to patients, particularly those with chronic diseases. In line with the objectives of the Primary Care Strategy, the Health Service Executive has identified 530 Primary Care Teams and 134 Primary Care and Social Networks to be developed by 2011. Almost 130 Teams are already in place and the HSE aims to have 210 Teams in place by the end of 2009. The HSE is reassigning staff working in primary, community and continuing care services to work in Primary Care Teams. The HSE also intends to redeploy into community services a significant number of staff from acute hospitals and corporate functions. As operational responsibility for the establishment of primary care teams and redeployment of staff rests with the Health Service Executive, the part of the question which relates to numbers being redeployed and timing of the redeployment has been referred to the Health Service Executive for direct reply to the Deputy.
- Revised programme for government and primary care teams
Deputy James Reilly (FG): asked the Minister for Health and Children the details of the revised programme for Government commitment to ensure that the primary care service is supported in modernised health eligibility legislation;
Minister for Health and Children (Deputy Mary Harney): As the Deputy will be aware, the current legislation for health and personal social services has been in place for many years and there is a need now to have a clear set of statutory provisions that ensure equity and transparency and to bring the system up to date with developments in service delivery and technology that have occurred since the Health Act 1970. Accordingly, work is underway in the Department on a new legislative framework to provide for clear statutory provisions on eligibility and entitlement for health and personal social services. The legislation will define specific health and personal social services more clearly; set out who should be eligible for what services, as well as criteria for eligibility; establish when and in what circumstances charges may be made and provide for an appeals framework. As the Deputy will appreciate, this is a very complex undertaking as the current legislation has been in place since 1970, and there have been significant developments in services since then, with a growing emphasis on delivery of care in a community rather than institutional setting. As a consequence, eligibility for primary care services will be considered as part of the proposed new legislation framework underpinning eligibility for health and personal social services.
- Revised programme for Government and income eligibility limits for medical cards for children with intellectual disabilities
Deputy James Reilly (FG): asked the Minister for Health and Children the details of the revised programme for Government commitment to improve income eligibility limits in the assessment for medical cards for children with intellectual disabilities and what this improvement will involve; the timeframe for implementation;
Minister for Health and Children (Deputy Mary Harney): Under the recent review of the Programme for Government, the Government affirmed its commitment to improve income eligibility limits in the assessment for medical cards for children with intellectual disabilities. The details of this commitment are still to be finalised and are subject to available resources.
- Transfer of Central Mental Hospital to a new site
Deputy James Reilly (FG): asked the Minister for Health and Children the details of the revised programme for Government commitment to progress the transfer of the Central Mental Hospital to a new site; the site to which it will be transferred;
Minister of State at the Department of Health and Children (Deputy John Moloney): In May 2006 the Government confirmed the decision to develop a new Central Mental Hospital (CMH) at Thornton Hall, County Dublin. Since then, a draft project brief has been prepared and a Cost Benefit Analysis has been completed but none of the work undertaken to date has been site specific. A number of difficulties have now emerged with the Thornton Hall site; the HSE has identified a need for an Intellectual Disability Forensic Mental Health Unit and a Child and Adolescent Forensic Mental Health Unit but the twenty acre site at Thornton Hall is not large enough to allow for these additional developments. Neither of the units would be viable as a stand alone facility and they should be co-located with the CMH. Moreover, the construction of these additional units at a location separate to the CMH would incur increased capital and revenue costs. In these circumstances and in the context of the commitment in the Revised Programme for Government, the question of the relocation of the CMH to an alternative site is currently under consideration.
- Sale of old assets to fund capital developments for mental health
Deputy James Reilly (FG): asked the Minister for Health and Children the details of the revised programme for Government commitment to use the proceeds of the sale of older assets in the mental health area to fund new capital developments for mental health; the amount of funding for same; if she will use the proceeds of all future sale assets to fund mental health services;
Minister of State at the Department of Health and Children (Deputy John Moloney): One of the key priorities for mental health in the Revised Programme for Government, is the use of the proceeds of the sale of psychiatric lands to fund new mental health capital developments. This commitment reflects the recommendation in ‘A Vision for Change’ the Report of the Expert Group on Mental Health Policy, that a plan to bring about the closure of all psychiatric hospitals should be drawn up and implemented and that the resources released by these closures should be re-invested in the mental health service. The HSE has disposed of a small number of psychiatric properties in recent years and the proceeds of these sales, which amount to just over €42m, have been surrendered to the Exchequer. A submission detailing the priority projects to be funded from these historic disposals has been received from the HSE. Discussions are ongoing between my Department and the Department of Finance with a view to the re-voting of these funds for approved projects and for the use of funds generated by future sales for investment in mental health infrastructure, in line with ‘A Vision for Change.’
- Number of clients who are currently outside the jurisdiction from each HSE area
Deputy Willie Penrose (L): asked the Minister for Health and Children the number of clients who are currently outside the jurisdiction from each Health Service Executive area in the service user groups regarding mental health, learning disabilities and acquired brain injury; the locations of same; the cost for each area, including weekly fees, travel and accommodation for staff and relatives;
Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.
- Number of people with an intellectual disability living in long stay hospital wards
Deputy Willie Penrose (L): asked the Minister for Health and Children the number of patients living in long stay hospital wards here, in each of the client groups, namely mental health, learning disability, and acquired brain injury;
Minister of State at the Department of Justice, Equality and Law Reform (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.
Deputy Finian McGrath (I): asked the Minister for Justice, Equality and Law Reform if he will support a matter;
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The General Scheme of the Mental Capacity Bill was published in September 2008. The scheme implements recommendations made by the Law Reform Commission in its 2006 Report on VulnerableAdults and the Law. The Commission’s Report followed extensive research and consultation since 2002 with representative organisations, service providers, medical experts and frontline carers. On publication of the General Scheme, written submissions from interested parties were invited. A conference was held in Dublin Castle in February 2009, co-hosted by my Department and the National Disability Authority. Attendees at the conference came from a broad range of groups and organisations including those representing brain injured persons, the elderly and the intellectually disabled. Submissions received and views expressed at the conference have been examined for consideration during drafting of the detailed provisions of the Bill, which is now underway. I have no function in relation to the matter of the investment of court funds. Under the Courts Service Act 1998, the Courts Service is independent in the performance of its functions. Court funds which are held for the benefit of wards of court are private funds under the control of the Courts Service. The General Scheme of the Mental Capacity Bill provides for the appointment by the court of a person as personal guardian with a range of functions including the control and management of the personal finances of an incapacitated person. A function of the Office of Public Guardian under the Scheme will be to supervise personal guardians appointed by the court.
- Sports inclusion disability officer programme
Deputy Kieran O’Donnell (FG): asked the Minister for Arts, Sport and Tourism his plans to continue funding activities under the sports inclusion disability officer programme beyond 2010; his views on continuing to provide dormant accounts funding to the programme activities; if he has requested the Irish Sport Council to examine the possibilities for continuing the programme beyond the expiry date; Minister for Arts, Sport and Tourism (Deputy Martin Cullen): Special funding of €2.5 million was allocated from the dormant accounts fund for the appointment of 20 Sports Inclusion Development Officers (SIDOs) in Local Sports Partnerships (LSPs) in 2008. The SIDOs were appointed on two-year contracts to provide opportunities for persons with a disability to participate in sport and physical activity. A network of 33 LSPs have been set up throughout the country by the Irish Sports Council (ISC) to coordinate and promote sport at local level especially amongst specific target groups such as older people, girls and women, people with disabilities, unemployed people and those who live in identified disadvantaged communities. The special dormant accounts funding was in addition to the annual funding provided to the LSPs by the ISC for programmes and initiatives aimed at increasing participation in recreational sport. The ISC has allocated €6 million to the LSPs in 2009. The continuation of the SIDO scheme from 2010 will be dependent on negotiations on the 2010 Estimates.
- Refusals on medical grounds of domiciliary care allowance
Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the number of instances in which applications for domiciliary care allowance have been refused on medical grounds in respect of children with dyspraxia, autism and Asperger’s syndrome;
Minister for Social and Family Affairs (Deputy Mary Hanafin): In order to qualify for Domiciliary Care Allowance a child must have a disability so severe that it requires the child needing care and attention and/or supervision substantially in excess of another child of the same age. This care and attention must be given by another person, effectively full-time so that the child can deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months. Eligibility for Domiciliary Care Allowance is not based primarily on the medical or psychological condition, but on the resulting lack of function of body or mind necessitating the degree of extra care and attention required. Each application is assessed on an individual basis taking account of the evidence submitted. In the period 1st April 2009 to 9th October 2009 a total of 2430 applications have been received in the required format of which 1688 cases have been fully processed by the Department. Of these applications, 633 were awarded while 1055 were deemed not to be eligible for Domiciliary Care Allowance. 742 applications are currently pending. Of the processed applications, at the beginning of September, 62 have a medical condition of Dyspraxia, 7 of which have been deemed eligible; 115 applications have a medical condition of Autism/Autism Spectrum Disorder, 58 of which have been deemed eligible; and 74 have a medical condition of Asperger’s Syndrome, 18 of which have been deemed eligible for Domiciliary Care Allowance. Where a person is not satisfied with the decision of a Deciding Officer they may seek to have the decision reviewed or they may appeal the decision to the independent Social Welfare Appeals Office.
- Criteria for granting domiciliary allowance for children with an intellectual disability
Deputy Pat Breen (FG): asked the Minister for Social and Family Affairs the criteria for granting domiciliary allowance for children with an intellectual disability;
Minister for Social and Family Affairs (Deputy Mary Hanafin): Domiciliary Care Allowance is payable in respect of children under 16 years of age who have a disability so severe that it requires the child needing care and attention and/or supervision substantially in excess of another child of the same age. This care and attention must be given by another person, effectively full-time so that the child can deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months. Eligibility for Domiciliary Care Allowance is not based primarily on the medical or psychological condition, but on the resulting lack of function of body or mind necessitating the degree of extra care and attention required. Each application is considered by a Departmental MedicalAssessor on an individual basis taking account of the evidence submitted. In addition to the medical criteria for the scheme there are a number of other qualifying conditions relating to, the provision of care, the residency of the child and the residency of the person making the claim. Where a person is not satisfied with the decision of a Deciding Officer they may seek to have the decision reviewed or they may appeal the decision to the Social Welfare Appeals Office.
- Numbers receiving disability allowance doubling
Deputy Brian Hayes (FG): asked the Minister for Social and Family Affairs if it is the case that between 1999 and 2009 the number of persons on disability allowance has increased from 45,000 to 110,000; the reason that in just ten years there has been such an increase;
Minister for Social and Family Affairs (Deputy Mary Hanafin): The numbers in receipt of Disability Allowance have increased from 50,431 at the end of 1999 to some 98,898 at the end of September 2009. A review of the Disability Allowance scheme, currently underway, has sought to identify the causes for this increase. While that review has not been finalised, the evidence suggests that the increase in the numbers claiming Disability Allowance is attributable to a range of factors. These factors include demographic changes; progressive amendments to the means-testing arrangements for the scheme; the extension of entitlement to Disability Allowance to persons resident full-time in institutions; and migration from other welfare schemes. It is likely also that changes in the medical sphere such as, for instance, improved diagnoses will have played a role in the increase in numbers availing of the scheme. While any increase in the numbers having recourse to welfare supports is a matter for concern, it is important to recognise that the Disability Allowance scheme is designed to meet the income maintenance needs of people who are ill and people with disabilities and their dependents in ways that recognise their diverse needs, by way both of providing income supports and encouraging and enabling the take-up of employment, training, education and other self development opportunities, where appropriate.
- National housing strategy for people with disabilities
Deputy Kathleen Lynch (L): asked the Minister for the Environment, Heritage and Local Government when the work of the national housing strategy for people with disabilities will be completed;
Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Work on the development of the National Housing Strategy forPeople with a Disability is well advanced and I envisage publication in the first quarter of 2010.
- If census category on autism would assist providing for educational needs for children with autism
Deputy Paul Gogarty (GP): asked the Minister for Education and Science the way information is gathered to clearly identify children with autism spectrum disorders; his views on whether including such a category within the census would assist his Department and other agencies in providing a targeted response to the educational needs of such children in a more cost effective and timely manner;
Minister for Education and Science (Deputy Batt O’Keeffe): My Department’s annual census of Special Schools and Special Classes in Ordinary National Schools includes a category to identify classes where the official designated category of disability is Autism/Autism Spectrum Disorders. The census provides information on the number of pupils attending these classes. In addition, the National Council for Special Education (NCSE) monitors the teaching and/or care supports it allocates to schools to support pupils with special educational needs including autism spectrum disorders. The NCSE is currently developing a Special Education Administration System (SEAS) database which will allow for a fuller picture of pupils with special education needs. My Department expects that the SEAS system, when fully developed, will provide relevant information on pupils with special educational needs, including autism spectrum disorders, in our schools. The NCSE, through its network of local Special Educational Needs Organisers, currently provides targeted additional supports to schools which have enrolled pupils with special educational needs through the allocation of additional teaching and/or care supports where appropriate. The NCSE operates within my Department’s criteria in allocating such support.
- Waiting list for NEPs in primary and secondary schools in Clare
Deputy Pat Breen (FG): asked the Minister for Education and Science the number of children who are currently on the waiting list for assistance under the National Educational Psychological Service scheme from both primary and secondary schools in County Clare; the length of time they are on the waiting list;
Minister for Education and Science (Deputy Batt O’Keeffe): I can inform the Deputy that all primary and post primary schools have access to psychological assessments either directly through my Department’s National Educational Psychological Service (NEPS) or through the Scheme for Commissioning Psychological Assessments (SCPA) which is administered by NEPS. There are currently 156 psychologists employed in my Department’s NEPS service and that the recruitment of a further 13 psychologist is at an advanced stage. The Deputy will be aware that the Renewed Programme for Government commits to the continued expansion in the number of psychologists employed directly by NEPS. This will allow for the assignment of a NEPS psychologist to every primary and post-primary school in the country and for the deepening of support therein with particular emphasis on special needs units, classes and special schools. NEPS does not keep waiting lists for assessments of children but in common with other psychological services encourages a staged assessment process whereby each school takes responsibility for initial assessment, educational planning and remedial intervention, in consultation with their assigned NEPS psychologist. Only if there is a failure to make reasonable progress in spite of the school’s best efforts, will a child be referred for individual psychological assessment. This system allows the psychologists to give early attention to urgent cases and also to help many more children indirectly than could be seen individually. The introduction of the General Allocation model for primary schools in 2005/06 means that children with high incidence special needs can get access to extra support without having to undergo an individual assessment. Children who manifest very special or urgent needs in school and who have not been previously assessed by a psychologist and are brought to the attention of a NEPS psychologist by the Principal teacher will usually be assessed by the psychologist within that school term. Normally, principals of schools prioritise those children in need of psychological assessment in consultation with the assigned psychologist. In the case of schools that do not currently have dedicated NEPS psychologists assigned to them, as I already mentioned, such schools have access to psychological assessments through the SCPA. Under this Scheme, schools can commission assessments from a member of the panel of private practitioners approved by NEPS, and NEPS will pay the fees directly to the psychologist concerned. Should school authorities have specific difficulties with regard any of the foregoing I would suggest that they should contact the relevant local NEPS Regional Director, for whom contact details are also available on my Department’s website.
- Rule that SNAs must have Junior Cert Irish
Deputy Michael D’Arcy (FG): asked the Minister for Education and Science when he brought in a rule that special needs assistants need to have passed Irish at junior certificate level;
Minister for Education and Science (Deputy Batt O’Keeffe): The criteria for appointment of Special Needs Assistants are set out in Department Circulars 05/2001 and SNA 03/03. These Circulars specify that the minimum requirement necessary for appointment is an award of Grade D (or pass) in Irish, English and Mathematics in the Intermediate Certificate/Junior Certificate or Day Vocational Certificate Examination or in an examination of equivalent standard. In this context, a qualification of equivalent standard is any qualification at Level 3 or higher of National Framework Qualifications (NFQ) established by the National QualificationsAuthority of Ireland (NQAI), provided that the qualification, or a combination of such qualifications, certifies to the achievement of a minimum of a pass in the subjects Irish, English and Mathematics. Boards of Management of schools are the employers of all staff, including SNAs, employed in schools. State funding of any SNA position is granted on the basis of agreed recruitment policies and guidelines being adhered to by Boards of Management and these being applied in a fair and consistent manner in all cases. The minimum educational standard required for these positions is based on the needs of the SNA post generally across all schools and it is not open to schools to deviate from this standard in individual cases. With regard to the means by which a person may attain the necessary educational requirements, local education service providers (e.g. VEC) would be able to assist with access to an appropriate course or courses which will, on successful completion, lead to an award of the required standard.
Deputy Ruairí Quinn (L): asked the Minister for Education and Science if he will provide a summary of the findings of the National Council for Special Education’s review of special needs assistants allocations in schools; the number of schools that have been informed that they will lose one SNA or more; the name and address of each school affected; the number of schools that have been informed that they will gain one SNA or more; the name and address of each school affected; the number of schools that have yet to receive a final decision from the NCSE;
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 SNA allocations in all schools with a view to ensuring that the criteria as outlined in my Department’s Circular 07/02 governing the allocation of such posts are properly met. The review is currently underway and it is intended that it will be completed by the end of 2009 or early 2010. SENOs will communicate the outcome of the review directly to schools as the review progress. Schools may continue to apply to the NCSE for additional SNA resources as new pupils who would qualify for such support are enrolled or as changing care needs of existing pupils emerge. The SNA position in relation to individual schools can continue to change. Accordingly, my Department does not anticipate receiving a full detailed report from the NCSE until such time as the review is complete.
- Second level education opportunities for children with autism
Deputy Seán O’Fearghaíl (FF): asked the Minister for Education and Science the plans and procedures in place within his Department for the provision of second level education opportunities for children on the autistic spectrum in catchment areas where specialist autism units have been provided at primary level; if existing post-primary providers in these catchment areas will be encouraged and resourced to provide such specialist units, in order to allow standard student progression to take place;
Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware of the Government’s commitment to ensuring that all children with special educational needs, including those with autism, can have access to an education appropriate to their needs preferably in school settings through the primary and post primary school network. This facilitates access to individualised education programmes which may draw from a range of appropriate educational interventions, fully qualified professional teachers, special needs assistants and the appropriate school curriculum. The establishment of a network of autism-specific special classes in schools across the country to cater for children with autism has been a key educational priority in recent years. In excess of 370 classes have now been approved around the country, including 40 at post-primary level. The Deputy will also be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENO) for allocating resource teachers and special needs assistants to schools to support students with autism. The SENO will also consider applications from schools to establish special classes for students with autism. Another function of the NCSE is to disseminate to schools and parents, and such other persons as the NCSE considers appropriate, information relating to best practice concerning the education of children with special educational needs. 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.
- Implementation of EPSEN following revised programme for Government
Deputy Ruairí Quinn (L): asked the Minister for Education and Science further toParliamentary Question No. 123 of 20 October 2009, the way the commitments to part-implementing the Education for Persons with Special Educational Needs Act 2004, as agreed in the revised programme for Government, are to be costed and funded; the list and cost of the possible aspects of the EPSEN Act 2004 which could be decided upon; when consultation with stakeholders will begin; the stakeholders that will be invited to consultations; when he will be in a position to indicate the aspects of the EPSEN Act 2004 that will be implemented;
Minister for Education and Science (Deputy Batt O’Keeffe): 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 Education for Persons with Special Educational Needs (EPSEN) Act, focussing on measurable, practical progress in education and health services for children with special needs. It is not possible to give a timeframe or costs at present, given that the process involved will require discussions with the education partners, as well as the Health Service Executive (HSE) and the Department of Health and Children. However, all parts of the EPSEN legislation, which have not been commenced to date, will be considered during this process.
My Department is currently considering the process required to be undertaken to meet this commitment. The stakeholders that will be invited to consultations will include those who were consulted in the original implementation process and these will include the teachers unions, management bodies, parents’ representatives associations, the HSE and the Department of Health and Children. The Deputy will appreciate that, until such time as the process is completed, it will not be possible to indicate what aspects of the Act will be implemented.
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