
July 06 2010
Dáil Debates
Parliamentary Questions
DÁIL DEBATES
- Order of Business: Cuts affecting people with a disability
Deputy Caoimhghín Ó Caoláin (SF): I wish to raise two matters. First, I refer to the cutbacks affecting people with disability, intellectual disability included, to which Members have already referred. A Disability Act was adopted a number of years ago and much of what now is unfolding runs entirely counter to the spirit if not the letter of that legislation, imperfect though it was. Given that the Disability Act was not rights-based, which is the great tragedy of the passage of that Act, do all the cutbacks that now are taking place require legislation? Is a disability (amendment) Bill pending? How does the Taoiseach reconcile what the Government stated on the record at the time of the passage of the Disability Act with everything that now is unfolding? Many unfortunate people from across this State will be protesting outside Leinster House tomorrow, which should never have had to happen again…
The Taoiseach: I must revert to the Deputy on the issue of ground rents and what legislation is in hand or whether it is under active consideration at present. As for the other matter that was raised, much investment quite rightly has been made in that area, with €1.5 billion being spent this year and more than 25,000 people on the data register indicating they are receiving services. The issue that is arising, as I mentioned on Leaders’ Questions last week, is that as we seek to try to protect front line services we must consider how we rearrange the non-front line service part of the sector. There is a significant number of section 38 and section 39 organisations, which have done an excellent job and which are very committed, but in the context of sustainable levels of service and developing services for the future we must be prepared to consider whether we can reorganise how that is delivered. The efforts that are being made by the Minister of State, Deputy Moloney, and the Department of Health and Children, not just this week but in recent times is to try to achieve that. I assure Deputy Ó Caoláin that everything we can do in that respect is being investigated.
Deputy Caoimhghín Ó Caoláin: Will the Taoiseach go out to the gates of Leinster House tomorrow and explain that to the families concerned?
The Taoiseach: My record in this area as Minister for Finance and Minister for Health and Children has been one of which I am proud.
Deputy Caoimhghín Ó Caoláin: I invite the Taoiseach once again to go to the gates of
Leinster House and explain that to people.
An Ceann Comhairle: We cannot have a debate at this stage.
The Taoiseach: Deputy Ó Caoláin is always available, in his party and everywhere I go, to confront issues in terms of what the problems are but no solutions are provided. I have listened to much of what Deputy Ó Caoláin had to say but the activity and actions I have been able to pursue on the basis of policies and decisions made by Government have greatly improved that area. I accept there are difficulties in the area. There is no doubt about that. There will be difficulties in many areas but the Deputy’s approach will be as predictable as usual.
Deputy Caoimhghín Ó Caoláin: My approach was very singular. It was to ring fence and protect the most vulnerable.
An Ceann Comhairle: We will not have a debate now
PARLIAMENTARY QUESTIONS
- Funding cutbacks to a Daughters of Charity school in Co. Tipperary
Deputy Noel J. Coonan (FG): asked the Minister for Health and Children the number of jobs at risk and the services that have been reduced or suspended at a school (details supplied) in County Tipperary as a result of funding cutbacks to the Daughters of Charity service; if she will address concerns that same cutbacks will lead to further job losses and certain services being terminated; and if she will provide additional funding and support for persons with intellectual disabilities across north Tipperary.
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.
- Funding to HSE NELouth/Meath/ Cavan/Monaghan /Meath/Cavan/ Monaghan area for disability services for 2009 and to date in 2010
Deputy Bernard J. Durkan (FG): asked the Minister for Health and Children the amount of funding that is being provided to HSE NELouth/Meath/Cavan/Monaghan/Meath/Cavan/Monaghan area for disability services for 2009 and to date in 2010.
Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s questions relate to service matters I have arranged for the questions to be referred to the Health Service Executive for direct reply to the Deputy.
- Early intervention team in Co. Laois
Deputy Olwyn Enright (FG): asked the Minister for Health and Children the number of posts currently vacant, including those where therapists are on maternity leave, on the early intervention team in County Laois; the number of posts currently vacant, including those where therapists are on maternity leave, on the early intervention team in County Offaly;
Minister for Health and Children (Deputy Mary Harney): Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In this regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. With regard to vacancies for therapists, as this is a service matter it has been referred to the HSE for direct reply to you.
- Policy on filling posts vacant as a result of on maternity leave
Deputy Olwyn Enright (FG): asked the Minister for Health and Children her policy regarding the filling of posts vacant as a result of therapists including occupational, speech and language and physiotherapy services on leave including maternity;
Minister for Health and Children (Deputy Mary Harney): Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In this regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. With regard to the filling of therapy posts, as this is a service matter it has been referred to the HSE for direct reply to you.
- Review of Congregated Settings
Deputy Phil Hogan (FG): asked the Minister for Health and Children if she has received a copy of the report of the review group on congregated settings; when this report will be published; if she will consult with service users, their families and service providers with regard to the recommendations of the report before implementing any recommendations; if she will ensure that the implementation of any recommendations in respect of the report involves an inclusive process which takes proper account of the need to protect and preserve the care, needs and requirements of service users currently in congregated settings;
Minister of State at the Department of Health and Children (Deputy John Moloney): In 2007 the Health Service Executive (HSE) set up a Working Group on Congregated Settings to develop a national plan and change programme for transferring people with disabilities living in institutions into the community. It is expected that the Report will develop a framework based on best international practice and up to date research to guide the transfer of identified individuals from congregated settings to a community based setting. The HSE has informed me that the Report of the Review Group on Congregated Settings is currently at an advanced stage of preparation. Among the issues under consideration by the Group is the setting up of a number of demonstration sites to validate the main recommendations on a proposed new model of service delivery. In addition to the Review on Congregated Settings, a HSE Review of the provision of Adult Day Services for people with disabilities has been completed. My Department is also engaging in a Value for Money and Policy Review of Disability Services as part of the Government’s Value for Money Reviews for 2009-2011. This in-depth review of Disability Services will assess how well current services for people with disabilities are meeting their objectives and support the future planning and development of services within the appropriate policy framework. The evaluation will focus on the current provision of disability services and explore the way forward for the development of services within a value for money context. All of these policy initiatives are being informed by principles of mainstreaming, community inclusion, independence and choice. A structured consultation process with all stakeholders, including service users and their families, will be an integral part of bringing these policy reviews and their recommendations to finality.
- Respite places to be lost for funding reasons
Deputy David Stanton (FG): asked the Minister for Health and Children the number of respiteplaces that will be closed as a result of budget cuts to disability services; the locations of theseclosures;
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 to the Deputy.
- Policies and services for young carers
Deputy David Stanton (FG): asked the Minister for Health and Children the action she will take regarding policies and services for young carers following the publication of the report study of young carers in the Irish population compiled by NUI Galway and commissioned by her Department;
Minister of State at the Department of Health and Children (Deputy Barry Andrews): The report on the Study of Young Carers in the Irish Population was published in May, 2010. As I indicated at the time, the study is preliminary and exploratory in nature. It is clear from the study that the identification of and reaching young carers is, in itself, challenging. In that respect the report highlights the importance of creating a better understanding of children as carers in Ireland. My Office have requested the Central Statistics Office to include a question in its Census of Population 2011, to be asked of people of all ages, on whether they provide any unpaid personal help for a friend or family member with a long term-term illness, health problem or disability. I understand this will happen, and will improve our knowledge of the extent to which children and young people in the population are involved in caring activities. It is also clear that the response to the needs of young carers will need to be cross-sectoral, multidepartmental and multi-agency. It is anticipated that further assessment of how to better identify young carers and co-ordinate existing supports will be undertaken in the new National Children’s Strategy in conjunction with the relevant Departments and agencies including the Department of Social Protection, the Department of Education and the Health Service Executive.
- Quotas in public sector of employment of people with a disability
Deputy Simon Coveney (FG): asked the Minister for Community, Equality and Gaeltacht Affairs the quotas in place across the public sector to ensure the employment of persons with a disability; the number of persons with a disability employed locally in Cork city and county, at vocational education committee level in Cork city and county and all other State agencies in Cork city and county.
Minister of State at the Department of Community, Equality and Gaeltacht Affairs (Deputy John Moloney): Under Part 5 of the Disability Act 2005, public bodies are obliged to employ3% of staff with disabilities, unless there are good reasons to the contrary. This provision hasbeen in force since 31 December 2005.The “2008 Report on Compliance with Part 5 of the Disability Act 2005 on Employment ofPeople with Disabilities in the Public Service” contains the most recent official figures for thenumber of people with declared disabilities employed in State agencies that adhere to thedefinition of a public body set out in section 46 of the Act. The figures are neither collectednor broken down on a regional or county basis.Vocational Education Committees (VECs) do not adhere to the definition of a public bodyas set out and so do not come under the remit of Part 5 of the Act. However, some VECsvoluntarily submitted the relevant information, which is contained in Appendix C of the Reportfor 2008.
The report is available from the National Disability Authority website at www.nda.ie.
- State agencies in Dept. Community, Equality and Gaeltacht
Deputy Caoimhghín Ó Caoláin (SF): asked the Minister for Community, Equality and Gaeltacht Affairs the State agencies under the aegis of his Department to which the 2009 Code of Practice for the Governance of State Bodies applies;
Minister for Community, Equality and Gaeltacht Affairs (Deputy Pat Carey): As the Deputy will be aware, the Code of Practice for the Governance of State Bodies was updated and published by the Department of Finance in May 2009. I can confirm that a copy of the Code has been provided to each of the bodies/agencies that are funded from my Department’s Vote Group.
The bodies/agencies to which the Code applies specifically are as follows:
• Commissioners for Charitable Donations and Bequests
• Dormant Accounts Board
• Western Development Commission
• Údarás na Gaeltachta
• An Coimisinéir Teanga
• Equality Authority
• Equality Tribunal
• Irish Human Rights Commission
• National Disability Authority
• Family Support Agency
With regard to the North/South Implementation Bodies funded from my Department’s Vote Group — An Foras Teanga and Waterways Ireland — the position is that these bodies follow best practice in both jurisdictions in matters of corporate governance and in the development of their own internal codes of practice. This includes compliance, as appropriate, with the Code of Practice and equivalent guidelines in Northern Ireland.
- Situation where persons in receipt of the carer’s allowance who are providing care to a child are eligible for the free travel pass, however, the child is not
Deputy Denis Naughten (FG): asked the Minister for Social Protection if he will review the situation whereby persons in receipt of the carer’s allowance who are providing care to a child are eligible for the free travel pass, however, the child is not; if he has evaluated the cost of extending this entitlement to such children;
Minister for Social Protection (Deputy Éamon Ó Cuív): Carer’s allowance is a social assistance payment which provides income support to people who are providing certain older people or people with a disability with full time care and attention and whose incomes fall below a certain limit. Persons who are in receipt of carer’s allowance also receive the annual respite care grant, the household benefits package and the free travel pass. In the majority of cases, persons who are being cared for will be in receipt of a payment in their own right (for example a State pension or disability allowance) and will be entitled to have a free travel pass. This includes anyone aged over 16 who qualifies for disability allowance. For a child requiring full-time care who is under age 16, a domiciliary care allowance of €309.50 per month may be paid to the parent or guardian. This payment is not means tested and is to provide for the additional costs involved in providing care and supervision that is substantially more than that normally needed by a child of the same age. This may include additional travel costs. A child who is attending school may be eligible for assistance under the Department of Education and Skills school transport scheme. I have no plans at present to review the qualifying criteria for the free travel scheme or to provide free travel passes for children other than those who are in receipt of a qualifying payment from the Department.
- Review the criteria for the appointment of SNAs
Deputy Denis Naughten (FG): asked the Tánaiste and Minister for Education and Skills if she will review the criteria for the appointment of special needs assistants in primary schools; if she will extend the criteria to include the education needs of children;
Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): Special needs assistants (SNAs) are allocated to schools to enable them to support pupils with disabilities who also have significant care needs. The National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and SNAs to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. SNAs and teachers have separate yet complementary roles. The class teacher is responsible for educating all pupils in his/her class, including any pupil with a special educational need. In this task, the teacher may be supported by a learning support teacher and/or resource teacher. SNAs are recruited specifically to assist in the care of pupils with disabilities in an educational context. My Department is currently carrying out a Value for Money and Policy Review of the Special Needs Assistant scheme. This is a comprehensive review of the rationale for the scheme, including the role of the SNA. It is expected that this review will be completed in 2010. The report, when completed, will be laid before the Houses of the Oireachtas.
- Tutors in the applied behaviour analysis programme
Deputy Joanna Tuffy (L): asked the Tánaiste and Minister for Education and Skills the circumstances under which qualified tutors in the applied behaviour analysis programme are having their statuses changed to that of a special needs assistant; the reason her Department is ignoring its own circulars by requiring current applied behaviour analysis tutors under the proposed changes to fulfil a teaching role as a special needs assistant when previous circulars have clearly stated that a special needs assistant is prohibited from teaching;
Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): The Deputy will be aware that 12 centres in the ABA pilot scheme have applied to be recognised as special schools. Following discussions with the ABA tutors’ union, it has been agreed that the ABA tutors will become Special Needs Assistants (SNAs) in the special schools. The question of ignoring Departmental circulars does not arise as the normal terms and conditions of the SNA grade will apply. A redundancy package has been agreed for any ABA tutor who does not wish to transfer to the new special schools.
Deputy Seán Ó Fearghaíl (FF): asked the Tánaiste and Minister for Education and Skills further to Parliamentary Questions Nos 599 and 605 of 29 June 2010, the rationale upon which a common pay date of the 11 November has been introduced for the July Education Programme; if this deferred payment date could give rise to circumstances in which parents could not afford advance payment will be facilitated; if she has satisfied herself that the proposed new arrangements for payment will not disadvantage any child;
Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): The common pay date for the July Education Programme was introduced in 2009 as part of my Department’s continued effort to improve our service to parents of children with special educational needs. The benefit of the common day date is that parents and teachers receive payment on the same date irrespective of whether they are included in a school-based or home-based programme. The common day date is well advertised prior to the start of the programme and gives both parents and teachers an exact date on which they can expect payment from my Department. These arrangements worked exceptionally well in 2009. No child was in any way disadvantaged by its introduction. As previously advised, the decision in 2010 to change the common pay date from 30 September, as in 2009, to 11 November was made after consideration of the available staffing resources within my Department.
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