February 04 2010

Dáil Debates

• Order of Business: Standards in services

Parliamentary Questions

• Employment Strategy
• Merging the national intellectual disability database and the national physical and sensory disability database
• Impact of postponing National Disability Strategy on ratifying the UN Convention
• Capacity legislation
• Special Needs Teachers and Special Needs Assistants at schools in Co. Kildare

DÁIL DEBATES

• Order of Business: Standards in services

Deputy Kathleen Lynch (L): There was not a person in here who was not shocked when they read the story in The Irish Times recently about people with an intellectual disability in residential care. I know the Tánaiste has an interest in the area so she knows it is simply a matter of extending standards to institutions that care for people with an intellectual or physical disability. As we have discussed here on many occasions, some of the standards are on very simple matters such as respect, choice of food, heating, visiting and being able to move freely. Inspection is important and the inspectorate is the area which will cost money. The legislation exists and it is a matter of extending it. In view of what we read in recent days, I am sure the Tánaiste would be in favour of moving it along as speedily as possible.

The Tánaiste (Mary Coughlan TD): As Deputy Kathleen Lynch knows, the National Quality Standards: Residential Settings for People with Disability for adults was published by HIQA in May 2009. They are being considered and HIQA is working with the HSE on rolling out those standards. The Deputy is correct that there will be financial implications. That being said, the Government is also considering, following on from the Ryan report, the inclusion of further proposals on the protection of vulnerable adults with disability who are in institutional care. We are all anxious that the standards set by HIQA for all aspects of care and attention should be across the board for everyone regardless of whether they have a disability.

PARLIAMENTARY QUESTIONS

• Employment Strategy

Deputy Maureen O’Sullivan (I): asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding the establishment of a sub-group on a comprehensive employment strategy.

Minister of State at the Department of Enterprise, Trade and Employment (Deputy John Moloney): Work on the further development of a draft outline for a comprehensive employmentstrategy for people with disabilities is on-going with a view to setting out a continuum ofsupports to employment that is comprehensive across the full range and spectrum of disabilities.In this regard a Cross-Sectoral Group co-chaired by the Department of Enterprise, Trade andEmployment and the Department of Health and Children has been established. It also includerepresentatives from the Department of Social and Family Affairs, the Health Service Executive,and FÁS.The purpose of the group is to provide a mechanism for a cross sectoral approach betweenGovernment Departments and agencies with responsibility for delivering Government policyin respect of training and employment services for people with disabilities. In addition, thegroup seeks to progress a targeted action plan based on the commitments in the relevantDepartmental Sectoral Plans under the Disability Act 2005.Discussions are on–going in the sub-group in respect of these objectives with a view tofinalising the draft outline for a comprehensive employment strategy as soon as possible. Oncompletion of this work, it is intended that the strategy will be referred back to the ConsultativeForum under the Sectoral Plan of the Department of Enterprise, Trade and employment forproposed sign-off.

• Merging the national intellectual disability database and the national physical and sensory disability database

Deputy David Stanton (FG): asked the Minister for Health and Children if she will implement the recommendation contained in the Health Research Board publication (details supplied) regarding the merging of the national intellectual disability database and the national physical and sensory disability database; if so, the way this will be done; the timescale for same; her views on developing a disability database or databases which are designed as a medical epidemiological tool and would contain details of diagnoses, more specifically to record the incidence of autism spectrum disorders in our population and to ascertain the services that are required by this section of population; her views on whether the recommendation contained in the Health Research Board Publication (details supplied) that her Department should work in conjunction with the Health Research Board to exploit the research potential of the existing data on disability and to use this data on disability to inform the allocation of resources, particularly the multi-annual funding; the way in which her Department is doing same;

Minister of State at the Department of Health and Children (Deputy John Moloney):  The Department of Health and Children is committed, in partnership with other stakeholders, including the Health Research Board, to the development of improved health information systems including data requirements for health and personal social services for people with a disability. The development of information systems must recognise the requirements of the Disability Act 2005 and the current disability databases. I expect the outcome of the Department’s Value for Money Expenditure and Policy Review of Disability Services to direct the future information requirements for the provision of health and personal services for people with a disability. The focus of health service provision for people with a disability is not a medical diagnosis. The Disability Act provides for, among other things, an individual assessment of need, a person centred service statement and the provision of individualised supports. This policy moves away from the provision of segregated, health based, group services for people with a disability. The National databases provide information in relation to the level of services being provided and current and future needs of people with a disability. The databases do not identify persons with specific disabilities such as Autism or Downs Syndrome.

• Impact of postponing National Disability Strategy on ratifying the UN Convention

Deputy David Stanton (FG): asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 98 of 7 November 2007 the impact that the postponing of certain sections of the Disability Act and Education of Persons with Special Educational Needs Act 2004 and other elements of the National Disability Strategy will have on Ireland’s ability to ratify the UN Convention on the rights of person with disabilities signed in March 2007;  if a decision has been taken on whether Ireland will sign up the Optional Protocol of the UN Convention on the rights of persons with disabilities;

Minister of State at the Department of Justice, Equality and Law Reform (Deputy John Moloney):  The provisions in the Disability Act 2005 and the Education of Persons with Special EducationalNeeds Act 2004, referred to by the Deputy, are the responsibility of the Departmentsof Health and Children and of Education and Science, respectively. No decision has been takenon the signing by Ireland of the Optional Protocol of the UN Convention on the Rights ofPersons with Disabilities.

• Capacity legislation

Deputy David Stanton (FG): asked the Minister for Justice, Equality and Law Reform when the Mental Capacity Bill will be published; when he will ratify the UN Convention on the rights of persons with disabilities;

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): It is the Government’s intention to ratify the United Nations Convention on the Rights of Persons with Disabilities as quickly as possible, taking into account the need to ensure that all necessary requirements under the Convention are being met. The Government Legislation Programme, published on 19 January last, indicates that the Mental Capacity Bill is expected to be published in the current Dail session. Work on what is involved by way of implementation of the various other provisions in the Convention, which are extensive, continues in the relevant Departments.

• Special Needs Teachers and Special Needs Assistants at schools in Co. Kildare

Deputy Bernard J. Durkan (FG): asked the Minister for Education and Science the degree to which the number of special needs teachers and or special needs assistants will be maintained or increased at all schools throughout County Kildare in line with the recognised criteria;

Minister for Education and Science (Deputy Batt O’Keeffe): I wish to advise the Deputy that the policy underpinning the allocation of resource teacher and/or special needs assistant (SNA) posts has not been changed. The National Council for Special Education (NCSE) will continue to allocate additional teacher/SNA posts to schools in line with my Department’s policy criteria. The Deputy will be aware that the 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 governing the allocation of such posts, as outlined in my

Department’s Circular 07/02, 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. SENOs are communicating the outcome of the review directly to schools as the review progresses. 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. It is expected that the NCSE will have completed the review by the end of March 2010. I wish to assure the Deputy that additional teaching and/or SNA support will continue to be made available to schools, including those in Co Kildare, in line with current policy criteria.

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