05 May 2011

Parliamentary Questions

• Entitlement to minimum standard of social protection under UN Convention on the Rights of the Child
• Entitlement to minimum standard of health under UN Convention on the Rights of the Child
• Children with disabilities and extra year in early childcare education

PARLIAMENTARY QUESTIONS

• Entitlement to minimum standard of social protection under UN Convention on the Rights of the Child

Deputy Michael Healy-Rae (I):  asked the Minister for Social Protection in view of the fact that the UN Convention on the Rights of the Child, which was ratified by Ireland in 1992, clearly states that Ireland’s children are entitled to a minimum standard of social protection, the reason parents are involved in the CITCAAT campaign seeking those same rights.

Minister for Social Protection (Deputy Joan Burton): The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children. Compliance is monitored by the United Nations Committee on the Rights of the Child. Governments of countries that have ratified the Convention are required to report to, and appear before, this committee periodically to be examined on their progress with regards to the advancement of the implementation of the Convention and the status of child rights in their country. Their reports and the committee’s written views and concerns are widely available, including on the committee’s website. Ireland signed the Convention on the Rights of the Child on 30 September 1990, and ratified it, without reservation, on 21 September 1992. The first National Report under the Convention was submitted in 1996. Arising from the concluding observations of the Committee on the Rights of the Child issued in 1998, the then government established the office of Ombudsman for Children and drew up a national children’s strategy. The second National Report under the Convention was submitted in 2005. As part of the monitoring process interested NGOs are invited to submit their observations to the Committee on the Rights of the Child. It is perfectly normal that individuals and groups such as CITCAAT will refer to the Convention in seeking to advance their position. The purpose of human rights covenants and conventions is that they be used to measure the performance of States in promoting and defending human rights. As regards this Department, the parents involved with the CITCAAT group are campaigning on behalf of autistic children and seeking support for autism sufferers. While the Department of Social Protection has no responsibility for most of the issues raised, the domiciliary care allowance is of particular interest to this group. 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. In the period 1st January 2010 to 30th June 2010 a total of 220 applications with a medical condition of autism/autism spectrum disorder were fully processed bythe Department’s Medical Assessors. 136 (62%) of these applications were deemed to satisfy the medical criteria and 84 were disallowed. This compares with the current success rate on first application across all disabilities of approximately 40%. I am confident that the supports for children provided by this Department fully meet our commitments under the Convention on the Rights of the Child.

• Entitlement to minimum standard of health under UN Convention on the Rights of the Child

Deputy Michael Healy-Rae (I): asked the Minister for Health and Children, in view of the fact that the UN Convention on the Rights of the Child, which was ratified by Ireland in 1992, clearly states that Ireland’s children are entitled to a minimum standard of health care, the reason there are parents involved in the CITCAAT campaign seeking these same rights.

Minister for Health and Children (Deputy James Reilly):  I understand that the CITCAAT autism support campaign raises a number of concerns in relation to the provision of services for children with disabilities, including children with autism.

Under the Health Act 2004, the HSE is responsible for the provision of health and personal social services, including the provision of disability services for children and adults with intellectual disabilities. Specialist disability services are provided to enable each individual with a disability to achieve his or her full potential and maximise independence, including living as independently as possible. Services are provided in a variety of community and residential settings in partnership with service users, their families and carers and a range of statutory, non-statutory, voluntary and community groups. Should the CITCAAT organisation wish to write to me on health-related issues, I will arrange to have the matters examined.

• Children with disabilities and extra year in early childcare education

Deputy Brendan Ryan (L): asked the Minister for Health and Children the options available to a child having completed one year of the early child care and education scheme, but due to a special needs assessment is deemed not ready to begin primary school, and is thus in need of an extra year in early child care and education.

Minister for Health and Children (Deputy James Reilly):  The Early Childhood Care and Education (ECCE) programme was introduced in January 2010 as a universal programme to provide children with a free pre-school year, normally in the year before they commence primary school. While some children with special needs are availing of the free pre-school year in specialist services, many are availing of it in mainstream settings, or a mixture of the two. In February 2010, shortly after the introduction of the programme, to ensure a coherent approach to service provision and supports for children with special needs across both specialist and mainstream settings, the office asked the Office of Disability and Mental Health was asked to set up a working group to look at existing services and supports for pre-school children with special needs and the way in which these are allocated. This group is expected to report shortly. The ECCE programme includes a number of provisions for children with special needs. These include an exemption from the upper age limit for qualification under the scheme where a child is developmentally delayed and would benefit from starting primary school at a later age. In addition, children with special needs can apply to have the pre-school year split over two years on a pro-rata basis, for example availing of the scheme for two days a week in the first year and for three days a week in the second year. I regret to advise the Deputy that the programme does not provide for a second year of free pre-school.

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