February 09 2010

Parliamentary Questions

• Vacancies under 3% employment target
• Exempt public service pay reductions for people with a disability
• External consultants working for Dept. of Health
• Standards for adults with disability on a statutory footing
• Right to children to a special needs assistant in pre-school
• Completion of Departmental Sectoral Plans
• Sports Inclusion Development Officers
• Third Level Access Measure
• Pilot scheme to allow schools the option to top up the social welfare income of special needs assistants who have been made redundant
• ABA schools in receipt of funding from Dept. of Education
• Number of pupils at primary and second level who have lost the services of a special needs assistant in the period from 1 September 2009 to 1 February 2010
• Review of special schools

PARLIAMENTARY QUESTIONS

• Vacancies under 3% employment target

Deputy Frank Feighan (FG): asked the Minister for Finance, further to Parliamentary Question No. 89 of 3 December 2009, the way a person with a disability ensures that their attention is drawn to vacancies and when they must apply in order that they are considered under the 3% target for employment in the public service for persons with disability.

Minister for Finance (Deputy Brian Lenihan): As stated in my reply to the Deputy on 3 December 2009, the position in relation to the opportunities for employment to the Public Service generally is limited by the recruitment and promotion moratorium which was announced on 27 March last year, but the moratorium does not apply to the “Willing, Able, Mentoring Programme” and the 3 per cent target for employment for persons with disabilities. Recruitment to positions in the Civil and Public Service is carried out by the Public Appointments Service, the central recruitment agency for the Civil and Public Service and conducted in strict compliance with the Codes of Practice set out by the Commission for Public Service Appointments. Codes include the “Code of Practice governing the External and Internal Appointments of Persons with Disabilities to Positions in the Irish Civil Service and Certain Public Bodies”. All posts are advertised on the Public Appointments Service website www.publicjobs.ie and in relevant national newspapers. Candidates interested in pursuing a career in the Civil and Public Service may register as a member of the Public Jobs website. They can apply for jobs online and register for updates on new Public Service opportunities. Once registered they can receive job alerts matching their requirements via email and/or SMS text alerts. Candidates with a disability can apply for any post for which they are eligible. When registering with the website, applicants can indicate if they have any special needs and every attempt is made to provide the accommodations that might be required during the assessment process. All vacancies specify in the advertisement the closing date for receipt of applications. The Deputy may wish to note that the Public Appointments Service has an Access Officer who can provide or arrange for and co-ordinate the provision of assistance and guidance to persons with disabilities accessing its service. I can assure the Deputy that the Government gives a high priority to policy on the employment of people with disabilities. All reasonable measures to promote and support the employment of people with disabilities continue. The Public Appointment Service, on behalf of the Civil Service, has held recruitment competitions confined to persons with disabilities. The most recent competition was at Executive Officer level advertised in March 2007. In an effort to attract as many applicants as possible for this recruitment competition the advertisement was sent to a number of voluntary organisations representing people with disabilities. It was also advertised on the Public Jobs website, in national newspapers and was issued to each Government Departments’ Disability Liaison Officer. Officials in my Department consult with organisations that provide sheltered and supported employment to persons with disabilities. As a practical example, all Government Departments and Offices in the Civil Service participated in the Irish Association of Supported Employment Annual Job Shadow Initiative 2009. This national project is designed to bring together people with disabilities and local employers in the spirit of collaboration to enable job seekers explore the world of work. The initiative gives people with disabilities the unique opportunity to shadow a workplace mentor as he/she goes through their working day. It is envisaged that through exposure to a work setting, job seekers throughout Ireland will learn more about job requirements and employers expectations. In addition, a number of Government Departments and Offices in the Civil Service are involved in a work experience graduate programme for persons with disabilities, known as “Willing, Able, Mentoring” (WAM) for the past six years. This programme gives practical effect to Government and Civil Service policy on improving employment prospects for persons with disabilities. This programme is not subject to the moratorium. As the Deputy is aware the 3 per cent target for employment of persons with disabilities in the Public Service remains in place, notwithstanding the recruitment and promotion moratorium. The recent 2008 report published by the National Disability Authority stated that all Government Departments in the Civil Service achieved or exceeded the 3 per cent employment target in compliance with Part 5 of the Disability Act 2005. In relation to other areas of the Public Sector, each Minister is responsible for compliance with and reporting on the target set in the Disability Act 2005 for the employment of persons with disabilities in public bodies under his or her aegis.

• Exempt public service pay reductions for people with a disability

Deputy Róisín Shortall (L): asked the Minister for Finance, further to Parliamentary Question No. 238 of 26 January 2010, the reason a formal reply has not yet been issued; and if he is now in a position to furnish a reply to the question.

Minister of State at the Department of Finance (Deputy Martin Mansergh): Section 6 of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 provides that, in certain limited circumstances, the Minister for Finance may by direction exempt or vary the application of the pay reductions provided for in the Act to public servants, or groups of public servants. The Minister has directed that an exemption from the pay reductions in the legislation should apply where those reductions would reduce the pay rate of public servants to, at, or below the statutory minimum wage. The direction will apply only to a small number of very atypical employments in the public service, normally linked to employment as part of intellectual disability support programmes. This exemption will apply in the case raised by the Deputy.

• External consultants working for Dept. of Health

Deputy Damien English (FG): asked the Minister for Health and Children the number of external consultants currently working for or in her Department; the work they are carrying out;

Minister for Health and Children (Deputy Mary Harney): The information requested regarding external consultants currently working for or in my Department is set out in the attached document, a copy of which has issued directly to the Deputy. The information set out relates to external contracts placed by my Department related to the provision of services including the provision of advice and expertise, and the undertaking of studies, surveys and other services.

• Standards for adults with disability on a statutory footing

Deputy David Stanton asked the Minister for Health and Children if she will put the National Quality Standards: Residential Settings for People with Disabilities published by the Health Information and Quality Authority in 2009 on a statutory footing; if she will implement mandatory inspections of residential institutions for all persons with disabilities and not just children; when she will do same;

Minister of State at the Department of Health and Children (Deputy John Moloney): My Department is currently working closely with HIQA and the HSE with the view to commencing the Health Act 2007 to allow for the independent registration and inspection of all residential centres and respite services for children with a disability. The intention is to have this registration and inspection system in place by December 2010, as committed to in the Ryan Commission report Implementation Plan. Children with disabilities in generic residential centres under the Child Care Act 1991, are already covered by the standards and inspection regimes applying to those centres. The new registration and inspection system will incorporate all centres providing residential or respite care to children with disabilities, including those centres run by voluntary organisations that are currently excluded from inspection under the Child Care Act 1991. In respect of residential services for adults with disabilities, I will shortly be bringing detailed proposals to Government with regard to the protection of vulnerable adults with disabilities who are currently in institutional care. As Deputies will be aware, “National Quality Standards: Residential Settings for People with Disabilities” have been published by HIQA. Following a public consultation process initiated by HIQA they were formulated by a Standards Advisory Group that comprised officials of

HIQA, my Department, the HSE, service providers, organisations representing people with disabilities and service users. These standards will provide a national framework for quality, safe services for persons with disabilities in a residential setting. At present the standards apply only to adult services but work is at an advanced stage to develop standards for children’s services. Given the current economic situation, to move to full statutory implementation of the standards, including regulation and inspection, presents significant challenges at this time. However, notwithstanding the difficulties of immediate statutory implementation, my Department, the HSE and HIQA have agreed that progressive non-statutory implementation of the Standards will now commence, and that they will become the benchmark against which the HSE assesses both its own directly operated facilities and other facilities that the HSE funds. Discussions are ongoing regarding the development of self-assessment tools, providing awareness training for service providers and the introduction of an appropriate level of external validation for relevant settings. A number of preliminary processes are already in place within the HSE to facilitate this work. For example, compliance with the HIQA standards is included in the Service Level Arrangements being implemented between the HSE and service providers. As part of the ongoing review of Service Level Arrangements, service providers will now be required to demonstrate compliance with the standards through the provision of audit outcomes. I am informed by the HSE that the majority of service providers have already commenced a review of their services within the context of the HIQA standards and many service providers have also achieved external accreditation over the past number of years. In addition, I am assured by the HSE that it has a robust system in place to deal with any complaints made in relation to the treatment of persons with disabilities in residential care. This includes ensuring that all HSE funded service providers of residential care have appropriate complaints procedures that are in line with HSE policy.

• Right to children to a special needs assistant in pre-school

Deputy Jan O’Sullivan (L): asked the Minister for Health and Children the rights of children with disabilities to attend preschool and to have a special needs assistant if one is required; if a child (details supplied) in County Limerick will be allocated a special needs assistant in order that they will have the equivalent access to preschool education as other children;

Minister of State at the Department of Health and Children (Deputy John Moloney): All pre-school services are required to make reasonable accommodation for children with special needs, as required under the Equal Status Acts 2000 to 2004. The Early Childhood Care and Education (ECCE) scheme, which was introduced in January this year, and provides for a free pre-school year for all eligible children in the year prior to commencing primary school, includes a number of provisions specifically intended to assist children with special needs. One of these is that, while the age range in which children qualify for the scheme is, generally, between 3 years 3 months and 4 years 6 months in September of the relevant year, exceptions are allowed where a child has been assessed as having a special need which will delay his or her entry to primary school. In such cases, the pre-school year relevant to such children will be taken as their qualifying year. Additionally, the general requirement under the ECCE scheme 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. As a result, 1 full week place in the mainstream service could cater for 2 or more children with special needs on a pro-rata basis. Where appropriate, children with special needs attending a mainstream pre-school service on a pro-rata basis can avail of a second free pre- school year. Should additional flexibility in the arrangements for the scheme be required by specialist pre-school services for children with special needs, these will also be considered. As the Deputy’s question also relates to service matters, I have arranged for the question to be referred to the Health Service Executive for direct reply.

• Completion of Departmental Sectoral Plans

Deputy David Stanton (FG): asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 54 of 10 December 2009, if the six departmental disability sectoral plan progress reports have been completed; the action taken as a result of the reports; when they will be laid before both Houses of the Oireachtas as per commitments in the Disability Act 2005;

Minister of State at the Department of Justice, Equality and Law Reform (Deputy John Moloney): The reports on progress on implementation of the Sectoral Plans were laid beforeboth Houses on 5 February 2010 following approval of them by the Government.

• Sports Inclusion Development Officers

Deputy Seán Fleming (FF): asked the Minister for Arts, Sport and Tourism the position regarding funding for the continued employment of sports inclusion disability officers by sports partnerships in 2010;

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): As I have previously informed the House, special funding of €2.5 million was allocated from the dormant accounts fund for the appointment of Sports Inclusion Development Officers (SIDOs) in 20 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. Of the €2.5 million allocated from the dormant accounts fund for the SIDO scheme, €800,000 was provided through my Department’s Vote in 2008 and over €1.3 million in 2009. The final provision of €395,000 from the dormant accounts allocation is included in the 2010 Vote of my Department. The continued funding of the SIDO scheme is being considered by the ISC in the context of the distribution of its budget for 2010.

• Third Level Access Measure

Deputy Richard Bruton (FG): asked the Minister for Education and Science if funding for third level access programmes in the Dublin universities for students from disadvantaged backgrounds are affected by budgetary cuts; the funding from his Department to each of the Dublin universities under this heading; the number of pupils assisted in each case;

Minister for Education and Science (Deputy Batt O’Keeffe): The Third Level Access Measure provides support for disadvantaged students through two sub-priorities: the Student Assistance Fund and the Fund for Students with Disabilities. The objective of the Student Assistance Fund, is to assist students, in a sensitive and compassionate manner, who might otherwise, due to their financial circumstances, be unable to continue their third level studies. The Fund for Students with Disabilities provides funding to both further and higher education institutions for the provision of services and supports for full-time students with disabilities. The fund is managed by the Higher Education Authority on behalf of my Department and is funded under the National Development Plan, with assistance from the European Social Fund. The Deputy will be aware that the need for budgetary adjustment has made it necessary to discontinue the Millennium Partnership Fund from the 2010/11 academic year. The fund was disbursed by local Partnership Companies, mostly in the form of small grants to individual students to cover costs of items such as books and travel. Most students in receipt of support from the fund will continue to be supported under the means-tested student maintenance grant schemes and many will benefit from the significantly higher special rate of grant. In addition, third level students in difficult financial circumstances will continue to have access to the Student Assistance Fund. The Higher Education Authority also provides institutions with recurrent funding to develop the necessary infrastructure and programmes to support wider access for people with a disability, mature students and young people from socio-economically disadvantaged backgrounds. The table below outlines the funding provided under the Student Assistance Fund to Dublin-based institutions for the 2009/10 academic year.

• Pilot scheme to allow schools the option to top up the social welfare income of special needs assistants who have been made redundant

Deputy Joe Behan (I): asked the Minister for Education and Science if he will instigate a pilot scheme to allow schools the option to top up the social welfare income of special needs assistants who have been made redundant thereby allowing the schools to retain the services of the special needs assistant;

Minister for Education and Science (Deputy Batt O’Keeffe): I have no plans to instigate a pilot scheme along the lines suggested by the Deputy. There has been no change to the scheme under which posts of Special Needs Assistants (SNAs) are allocated to schools to enable them to support the care needs of pupils with disabilities. Schools, which have enrolled pupils who qualify for support under this scheme, will continue to be allocated SNA posts. However, where the pupils concerned have left the school or where the care needs of the pupils have diminished, the SNA posts will be suppressed.

• ABA schools in receipt of funding from Dept. of Education

Deputy Ruairí Quinn (L): asked the Minister for Education and Science the number of applied behavioural analysis schools in receipt of funding from his Department; the number of ABA schools which have applied for funding from his Department;

Minister for Education and Science (Deputy Batt O’Keeffe): I am assuming that the Deputy is referring to the Applied Behavioural Analysis (ABA) pilot scheme funded by my Department which funds 13 stand-alone autism centres. The scheme was set up in the absence of the current national network of autism-specific special classes in our schools. The Deputy will be aware of my commitment to ensuring that all children 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, fully qualified professional teachers who may draw from a range of autism-specific interventions, including ABA, special needs assistants, and the appropriate school curriculum with the option where possible of full/partial integration and interaction with other pupils. As each child with autism is unique it is important that children have access to a range of interventions so their broader needs can be met. In excess of 380 autism-specific classes have now been approved around the country at primary and post primary level by my Department in conjunction with National Council Special Education (NCSE), while more are being set up as required. At primary level there are a maximum of six children in each special class with a teacher and at least two special needs assistants. Extra assistants are provided where the children need them on a case by case basis. In addition, there are in the region of 3,300 children with autism who are receiving additional teaching and/or special needs assistant support in mainstream schools. The Deputy will be aware that the 2007/2012 Programme for Government commits to the long-term funding for the centres that are currently in the ABA pilot scheme subject to agreement with my Department on standards that will enable them to be supported as primary schools for children with autism. I am pleased to advise that broad agreement has been reached on the core conditions to enable these centres to be recognised as special schools for children with autism and applications have been received for special school recognition from the centres in question. These schools, once recognised, will provide education for children with autism in line with my Department’s policy. Detailed modalities relating to the transfer of staff are under consideration.

• Number of pupils at primary and second level who have lost the services of a special needs assistant in the period from 1 September 2009 to 1 February 2010

Deputy Joe Behan (I): asked the Minister for Education and Science the number of pupils at primary and second level who have lost the services of a special needs assistant in the period from 1 September 2009 to 1 February 2010;

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 Special Needs Assistant (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. 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. Furthermore, schools can make applications at any time with the result that the individual situation of any school can change and allocations are not static for a school year in the same way as are, for example, classroom teaching posts. The NCSE is independent in the making and issuing of its decisions relating to SNA allocations. The NCSE has advised that the review will be completed by end March 2010. At that point, the NCSE will provide me with a report on the outcome of the review. I wish to assure the Deputy that SNA support will continue to be made available to schools which have enrolled pupils who qualify for such support.

• Review of special schools

Deputy Joe Behan (I): asked the Minister for Education and Science if he has received the report of the review of the role and operation of special schools and special classes; if he has been briefed on its content and conclusions; when he will publish the report;

Minister for Education and Science (Deputy Batt O’Keeffe): I understand that the National Council for Special Education (NCSE) expects to be in a position shortly to send me a copy of the research it has commissioned concerning the role of special schools and special classes. While the NCSE has funded this research, it states clearly on its website, and the final research item will state, that the views and opinions contained in such research reports are those of the authors and do not necessarily reflect the views or opinions of the NCSE. Ultimately, it is expected that advice received from the NCSE will assist my Department with policy formulation in relation to the role of special schools and special classes. I look forward to receiving the report from the NCSE.

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