April 07 2009

Parliamentary Questions

• Moratorium on hiring in HSE
• Competency of persons with an intellectual disability to give evidence in court
• Allocation to Local Authorities under Disabled Person’s Grant Scheme
• Research into benefits of educational support to children with special education needs
• Criteria used in allocating special needs hours

PARLIAMENTARY QUESTIONS

• Moratorium on hiring in HSE

Deputy Phil Hogan (FG): asked the Minister for Health and Children the number of people working in the public service under temporary employment contracts on a fixed-term basis who will lose their jobs as a consequence of the non-renewal of those contracts due to the moratorium decision announced by the Minister for Finance on 27 March 2009; the organisations in which such terminations will occur; the number of individuals who will lose their jobs as a consequence of this decision; the annual saving that will accrue to the Exchequer as a consequence of the non-renewal of these contracts;

Minister for Health and Children (Deputy Mary Harney): In order to implement savings measures on public service numbers, the Government has decided that, with effect from 27 March 2009 to end 2010, no post in the public sector, however arising, may be filled by recruitment, promotion, or the payment of an allowance for the performance of duties at a higher grade. The decision also applies to temporary appointments on a fixed-term basis and to the renewal of such contracts. Arrangements have been put in place for the health sector that aim to ensure that key services are maintained insofar as possible and there will be flexibility in relation to the filling of key front-line posts for the following grades; Hospital Consultants, Speech and Language Therapist, Occupational Therapist, Physiotherapist, Clinical Psychologist, Behavioural Therapist, Counsellor, Social workers and Emergency Medical Technicians to allow for the continued development of integrated health care, particularly primary and community care, care of the elderly and people with disabilities. The way in which the Government decision will be applied is a matter for the Health Service Executive, and I have accordingly referred that part of the Deputy’s question to the Executive for attention and direct reply.

• Competency of persons with an intellectual disability to give evidence in court

Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform the timeframe for the examination of the competency legislation (details supplied);

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The issue raised in the Question is the competency of persons with an intellectual disability to give evidence in court, in particular in cases of alleged sexual offences. This is a sensitive and complex subject, and following an examination of the issues involved, I have concluded that a more detailed review of the matter is warranted. Projects included in the Law Reform Commission’s Third Programme include the laws on evidence, the criminal law on sexual offences and the law concerning vulnerable persons and the criminal justice system. I would consider the matter raised by the Deputy as suitable for consideration by the Commission.

• Allocation to Local Authorities under Disabled Person’s Grant Scheme

Deputy Emmet Stagg (L): asked the Minister for the Environment, Heritage and Local Government the reason some local authorities were allocated more than they sought in 2008 under the disabled person’s grant scheme and housing aid for the elderly scheme, such as Cavan, Kerry, Laois, Leitrim, Offaly, Roscommon and Waterford County Councils; the reason Kildare County Council only received 33% of the amount sought while Carlow County Council received 79%, Clare County Council received 92% and Westmeath County Council received 91% of the amount sought;

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I refer to the reply to Question No. 882 of 24 March 2009.Allocations to local authorities under the Disabled Persons and Essential Repairs GrantSchemes and the Housing Adaptation Grant Schemes for Older People and People with aDisability are calculated on the basis of a number of criteria and on foot of detailed discussionsbetween my Department and the local authorities.A range of relevant issues are taken into consideration in determining allocations to individuallocal authorities. These include the overall amount of funding available at national level,the levels of activity experienced under each of the schemes in previous years, the volume ofclaims on hand in local authorities, the degree to which prioritisation of applications has takenplace, the ability of individual authorities to meet their share of the cost in recouping claims toapplicants and the anticipated level of activity in the year in question.It is a matter for each local authority to decide on the specific level of funding to be directedtowards each of the schemes, from within the combined allocation notified to them by myDepartment, and to manage the operation of the schemes in their areas from within this allocation.Recoupments are made having regard to the final allocations for a particular year andon foot of payment claims received from the local authorities, setting out details of certifiedexpenditure under each of the schemes.

• Research into benefits of educational support to children with special education needs

Deputy Paul Gogarty (GP): asked the Minister for Education and Science if research has been carried out here and internationally into the attainment levels achieved by students with mild learning disabilities who receive intensive one on one support for two hours daily versus those cohorts who receive limited group support for 30 minutes; if those who receive less support will require State support into second level for a longer period; if those who do not receive such support are more likely to earn less and thus either cost the State more money in terms of social welfare payments, or cost the State in terms of lower income tax receipts;

Minister for Education and Science (Deputy Batt O’Keeffe): I have asked my Department to contact the Deputy directly to discuss the information sought. Since the introduction of the General Allocation Model in primary schools there has been significant experience of beneficial mainstreaming of children with mild general learning disability in primary schools. My Department has asked the National Council for Special Education to advise on the role of special schools and special classes and this advice is awaited.

• Criteria used in allocating special needs hours

Deputy Finian McGrath (I): asked the Minister for Education and Science the criteria used in allocating special needs hours in view of his reply to Parliamentary Question No. 257 of 19 February 2009.

Minister for Education and Science (Deputy Batt O’Keeffe): Applications for Special Needs Assistant (SNA) support are recruited specifically to assist in the care of pupils with a disability. Applications are considered by the National Council for Special Education (NCSE) where a pupil has a significant medical need for such assistance, a significant impairment of physical or sensory function or where their behaviour is such that they are a danger to themselves or others. The NCSE operates within my Department’s criteria in allocating such support and conveys decisions on applications directly to schools without recourse to my Department. The qualifying criteria for the allocation of SNA support is outlined in Department Circular 07/02 and is available on my Department’s website at www.education.ie.

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