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Dáil Debates & Questions
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14 July 2011 Dáil Debates
Parliamentary Questions DÁIL DEBATES
The Tánaiste (Eamon Gilmore TD): The Government shares the sense of outrage over the findings in the Cloyne report. Such findings are not emerging for the first time; they are part of a sequence in that we have had the Ferns and Murphy reports also. What is involved is a betrayal of trust and of the children who were abused, not supported and ignored. It is a betrayal of the trust that Irish people placed in the church, particularly the Catholic Church and its institutions, over a long period in all their dealings with children. The Government is determined to deal with this issue very effectively. I will set out the legislative measures that the Government intends to bring forward. The failure to report cases of child sexual abuse to the Garda is the central difficulty identified in the Cloyne report. The Government is determined to have legislation in place to ensure that such a failure to co-operate will have consequences. The Minister for Justice and Equality published yesterday the heads of the Criminal Justice (Withholding of Information on Crimes against Children and Intellectually Disabled Persons) Bill. These heads can be discussed by the appropriate committee which will deal with the issue of consultation. The Bill will make it an offence to withhold information relating to the commission of a serious offence against a person under the age of 18 or an intellectually disabled person. For some time, work has been been under way and consultation has been taking place between the Department of Justice and Equality and the Department of Children and Youth Affairs on drafting the heads of a national vetting bureau Bill, which will provide a statutory basis for the vetting of applicants for employment and employees working with children. The legislation will provide for the establishment of a national vetting bureau for the collection and exchange of both hard and soft information for vetting purposes. This Bill is being given priority and the Minister for Justice and Equality expects to be able to bring the heads to Government for approval before the end of this month. He intends to refer these to the Oireachtas Committee on Justice, Defence and Equality while work continues on the drafting of the legislation. The Minister for Children and Youth Affairs has received Government approval to place the revised Children First national guidelines on a statutory basis. This will make compliance with the guidelines a statutory obligation and will ensure greater protection of children by strengthening the existing system for reporting and responding to suspected child abuse. It is intended to place a statutory obligation on every organisation working with children to protect and safeguard those children when in their care, including statutory, private, community and voluntary organisations. The legislation will underpin the provisions in Children First. This includes a requirement to share relevant information and to co-operate with other services in the best interests of the child. The legislative requirements therefore extend beyond reporting of suspected abuse and entail a more broad-based approach to the safeguarding of children. Putting Children First on a statutory basis has been sought for many years and is a recommendation of the implementation plan from the Ryan report. In progressing this legislation, the Government has agreed that a range of sanctions will be developed to address any failure to comply with the Children First provisions. Later this week, the Minister for Children and Youth Affairs will publish revised Children First guidance designed to strengthen current arrangements for child protection. It is important that every possible step is taken to ensure full compliance with Children First. In addition to the proposals to make compliance a statutory obligation, the Minister for Children and Youth Affairs will oversee an implementation framework which will set out the responsibilities of each Department and sector working with children. It will include strong emphasis on inspection and the need to provide demonstrable evidence that the guidelines are being properly implemented across all sectors. In the case of the health sector, the Minister proposes to extend the remit of the Health Information and Quality Authority, HIQA, to include oversight of the HSE’s child protection services, including the operation of Children First. HIQA will have standards in place by the end of the year, and inspections of the HSE’s child protection services will begin early in 2012. The Minister for Children and Youth Affairs has requested the HSE’s recently appointed national director for children and family services to write to HSE staff setting out the HSE’s responsibilities on child protection and compliance with the revised Children First guidance including on extra-familial abuse. The strong legal advice to the Government is that section 3 of the Child Care Act 1991 provides sufficient powers to the HSE with regard to its ability to investigate third party or extra-familial child sexual abuse. This position will be set out for staff by the national director to ensure there is no uncertainty on this matter in the HSE. In addition, the national director has developed an associated child protection and welfare practice handbook to support the implementation of Children First. The two documents will provide clearer direction and support to front line staff working with children. They will clearly set out the respective roles of the statutory agencies responsible for child protection including the HSE and Garda on the handling of complaints of child sexual abuse and are designed to achieve consistent practice throughout the State. In my capacity as Minister for Foreign Affairs and Trade, I have already expressed concern about the findings in the report with regard to the Vatican which, of course, in addition to being a church authority is also a state which enjoys diplomatic relations with this country. Later today, I will meet the Papal Nuncio to communicate these concerns and views directly to him. There will be a debate in the House on the findings of the report on Cloyne. I understand it is being discussed by the Whips and the latest information I have is that it will be Tuesday or Wednesday, depending on the availability of Ministers and spokespersons. The Government is quite happy for the Whips to agree this and to make available whatever time is necessary.
Deputy Robert Troy (FF): I raise this very important issue, which has come to my attention of late. I understand the Minister of State will take the matter on behalf of his colleague, the Minister for Jobs, Enterprise and Innovation. One of the best things the previous Government did was to introduce free pre-school places for all children. The Government did some wrong things but this was one of its better judgments. At the time, it was indicated that children with special educational needs would have the opportunity to have two years free pre-school. Prior to that, special needs assistants were assigned to most children with special needs in pre-schools. This was funded through the HSE budget for special supports for pre-school children with disabilities. When the ECCE scheme was introduced, the HSE early intervention teams were told children could apply for a second free pre-school year. Exemptions were to be allowed where children had been assessed by the HSE or a treating consultant as having special needs that would delay their entry to school or if the enrolment policy of the local primary school was to accept children at an older age. Those were the circumstances in which a child could apply for a second year of pre-school. In the wider Mullingar district and 75% of County Westmeath, only 20 children are currently waiting for their second free pre-school. When funding was cut in last year’s budget it was announced that there would be a saving of €500,000. Having listened to the figures quoted by the Minister for Public Expenditure and Reform, a saving of €500,000 seems very small. Parents of children with special needs are unable to keep their children at home and are sending them to primary school although the children are not intellectually ready for primary school. This is putting additional pressure on primary schools, and on the special needs services and general resources for primary schools. We need to revisit this because when funding was provided by the HSE in Mullingar, it was specified that it would be used for one hour of one-to-one tuition every day the child was in preschool. That hour was spent on the goals and therapies outlined by the early intervention team. The Minister of State will be aware that the early stage of childhood development is critically important to children’s long-term development. This is even more so the case for special needs children. I have spoken to parents of special needs children and they have related their great joy and expectations when they see their children entering preschool. They see the work done as they progress but this is being cut back. These parents are physically and emotionally exhausted and they are unable to fight for themselves, which is why I am raising this issue. They are falling between Departments. The HSE says preschool is not a health-related issue while the Department of Education and Skills says it has no legal obligation to children until they are aged six. In fairness to the new Government, it has created a new Department to deal with children’s issues and it has a golden opportunity to put in place a comprehensive support system for children with special needs attending preschool. I would like the Minister of State to convey the message to the Minister for Children and Youth Affairs that something needs to be done in this regard. I do not want him to reply that this is all about what happened in the past. The Government has choices. Only 30 minutes ago, the Minister for Public Expenditure and Reform claimed the first thing the Government did was implement changes to the EU-IMF deal. Through these changes, I would like the Department of Children and Youth Affairs to appoint additional SNAs and to provide a second free preschool place for children with special needs. They have nothing; it is as if they do not exist. The new Department has a golden opportunity to do this. I ask the Minister of State to relay this to the Minister and to reply with some good news. Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy John Perry): The Minister for Children and Youth Affairs has responsibility for implementing the free preschool year in the early childhood care and education, ECCE, programme, which was introduced in January 2010. The programme provides for a free preschool year for all eligible children in the year prior to commencing primary school. Currently, 63,000 children availing of the preschool year. This represents 94% of all children in the eligible cohort, which is a significant success for the programme at this early stage. It is a mainstream programme, provided by almost every preschool service in the State. These services are required, under the Equal Status Acts, 2000 to 2004, to make reasonable accommodation for children with special needs. While there is no additional provision under the ECCE programme for children with special needs, they can avail of it on a pro rata basis over two years. For example, a child may attend for two days per week during the first year and for three days per week in the second year. Experience to date demonstrates that many parents find this very helpful for a range of reasons. In many cases, specialist preschool services arrange for children attending their services to also attend a mainstream service for one, two or three days a week. In other cases, children have special health needs which mean that they are unable to attend on a five-day basis each week. There is also the reality that children who need additional supports to attend a preschool service are more likely to receive six or nine hours per week rather than the 15 hours that would be necessary if the ECCE programme were taken over one year. In addition, an exception is allowed to the upper age limit for eligibility for the programme. The age range within which children qualify for the programme is, generally, between three years two months and four years and seven months in September of the relevant year. However, where a child has been assessed by the HSE or a treating consultant as having a special need which will delay his or her entry to primary school, the upper age limit is disregarded. Experience to date again demonstrates that this exception is beneficial to many children, for whom starting school closer to six years of age is more appropriate. The ECCE programme has transformed the landscape for preschool service provision. This change must be responded to by the support services on the ground. Support services for preschool children are provided by the HSE. The office of disability and mental health in the Department of Health has overall responsibility for these services. In February 2010, the then office of the Minister with responsibility for children and youth affairs raised this issue with the office of disability and mental health. A working group, led by the office of disability and mental health in collaboration with the HSE and the office of the Minister for children and youth affairs was set up to consider how the existing arrangements for support services for children with special needs might be revised to make better use of existing resources and achieve better outcomes. I understand that this group is expected to report shortly. The implementation of actions to improve the existing arrangements for service provision must be a key priority for the Department of Health as well as for the Department of Children and Youth Affairs to ensure equal access for all children to preschool education. There is no entitlement under the ECCE programme to a second preschool year. Following the introduction of the programme in January 2010, it was decided to provide a second period of preschool provision in a limited number of cases, on the basis that the first period of provision was a “short year”. The second period of preschool provision year, which was allowed in September 2010, was confined to children with severe disabilities who would be expected to benefit significantly from a second period of preschool in a mainstream setting prior to going on to primary school. The Minister for Children and Youth Affairs believes that the programme is an important development in early education and that it is particularly welcome as a universal programme which means all children have equal access and begin school on an equal footing. She is committed to continuing the programme and to improving it over time as resources allow. She believes the pro rata option for children with special needs is a practical and helpful option for many parents and children, as is the option for delayed entry. While the Minister will explore ways in which the ECCE and other programmes can be improved and made more accessible for children with special needs, she believes that one of the most urgent actions that needs to be taken relates to making sure we achieve the best outcomes from existing resources to provide better supports within preschool services for children with special needs. As she indicated to the Oireachtas Joint Committee on Health, Children and Youth Affairs last week, she has asked the Department to examine options, including the extension of a second free preschool year to children with special needs and, eventually, to all children. However, in recognition of the current fiscal constraints within which the Government must operate, any such proposals will have to be rigorously assessed in the context of the multi-year comprehensive expenditure review and future estimates processes, which is very much part of an ongoing debate. The Minister is committed to working closely with other Departments, agencies and organisations to achieve improvements in the lives and the opportunities of all of our children and young people, including children and young people with special needs. I thank Deputy Troy for raising this important matter and I hope this reply addresses some of his concerns.
Deputy Marcella Corcoran Kennedy (FG): Caring is a special role that many of our citizens find themselves in suddenly without prior training, education or other supports available to them. They are a hidden workforce, saving the Exchequer significant funds by their dedicated work for the elderly, terminally ill or disabled men and women of all ages. It is estimated their work saves the State more than €2 billion annually. They are driven by a desire to ensure their loved ones remain in the comfort of their own home with their families for as long as possible. We are only in the past decade getting a picture of how many people care for family members. The 2002 census revealed a total of 148,754 carers, with 40,526 working full time and 108,228 part time. Collectively, they carry out an estimated 3 million hours of work every week. This is a staggering figure but it is an accurate indication when the 24-hour care provided replacing the care which would be provided by a hospital or other care facility is taken into account. As someone who shared the care with my siblings of our terminally ill mother for five months, I am fully aware of the fears in the early days of caring, the fatigue associated with sleepless nights and the worry that there might be some medical emergency with which one cannot deal, but it is all worthwhile to ensure that a loved one gets the type of care that comes from a family member. However, we must also recognise the impact of the stress of caring on the carer and the need for the carer to have some respite. It is vital for people to nurture themselves at such a time and it also makes them better carers. I attended a meeting of carers in Tullamore recently. They impressed upon me the need for the publication of a national strategy for carers. The carers were aged from the mid-20s to 82 years of age. They were all in caring situations that were the same in some respects but different too. Some were caring for spouses or elderly parents with Parkinson’s disease and Alzheimer’s disease, while others were caring for their own children with intellectual or physical disabilities. The challenging behaviour of some children is heartbreaking for the family. The 82 year old woman is caring for her 85 year old husband. It is well documented that there are many young carers who are having their childhood stolen by assuming adult responsibilities for loved ones. It is imperative that the strategy for carers deals with all needs of adult and child carers. Financial assistance, respite and home help are all required. The solution must involve a cross-sectoral, multi-departmental and a multi-agency approach. A vital issue which must be addressed is that caring would be recognised as work. Currently, if a person gives up work to care for a loved one he or she does not receive recognition from the Department of Social Protection that the caring is in fact work. I was given an example of a gentleman who gave up work to care for his mother and did so for five years. After her inevitable death, he went to his social welfare office and was advised that his time out of the workplace as a carer was not recognised as work and would not count towards a pension in later life. Next year, 2012 is the European year of active aging and solidarity of generations. It will focus on solidarity between generations. Caring is a clear example of such solidarity. It would be a wonderful achievement if we could have a national carers strategy in place by then. Deputy John Perry (Minister of State): I thank Deputy Marcella Corcoran Kennedy for raising this important issue. I am taking this Adjournment debate on behalf of the Minister for Social Protection, Deputy Joan Burton. The programme for Government contains a commitment to “develop a national carers’ strategy to support carers and address the issues of concern”. It is important to clarify that there is not a completed draft carers strategy that is merely waiting for Government approval and ready for publication. The Government will consider how best to progress the development of the strategy, taking into account the prevailing economic realities and the work carried out previously. As the Deputy will be aware, every Department is currently carrying out a comprehensive review of expenditure. That will help clarify the strategic priorities and the resources available within each Department. Following that, the Government will be in a position to best consider how to progress the development of the carers strategy. A significant amount of work was done by the previous cross-departmental working group which was chaired by the Department of the Taoiseach. The Departments of Finance, Enterprise, Trade and Employment, Health and Children and Social and Family Affairs as well as the Health Service Executive, HSE, and FÁS were represented on the group. The group met on six occasions during 2008 and the expertise of other Departments and agencies was drawn on as particular issues were being considered. Discussions were also held with colleagues in Northern Ireland. A wide-ranging consultation process was also undertaken which included a meeting with the social partners, two meetings with carer representative groups and a public consultation process. While each of the themes set out in the terms of reference was examined in terms of the current position, because of the prevailing economic situation, it was not possible to agree future targets or time limits which could be achieved. The economic difficulties have intensified and mean that while the Government is committed to developing a strategy, it will not be easy. The strategy will have to be developed and implemented within the resources available, taking into account our IMF and EU commitments, as well the outcomes of the comprehensive review of expenditure. I acknowledge the significant role played by carers in society and reiterate the commitment the Government has to providing appropriate support to both carers and those who are being looked after. The area of caring is a complex field involving a number of Departments. Becoming a carer can have implications for all aspects of a person’s life from taxation to transport and from social welfare payments to accessing health services. Reflecting that, services and supports for carers are delivered by a variety of Departments and bodies. Many of the issues of most concern to carers are the responsibility of the Department of Health. The development of a strategy is important to carers but also other issues such as front line services and general supports for the disabled. Carers play a significant and valuable role in the provision of care and support to older people and people with disabilities who may otherwise need care in a residential environment. It is our view that people should be encouraged and supported in their efforts to live healthy, fulfilling, independent lives in their own homes and communities for as long as possible. The model of care which favours facilitating people to reside in their own home and natural environment for as long as possible can only be achieved if the work of carers is valued and supported through health care supports and services made available at community level. I reassure the Deputy that the Government is committed to continuing to provide a comprehensive range of services to support people in need of care. In particular, the Health Service Executive provides, for example, home care packages which can be delivered in partnership between the HSE and certain voluntary providers and can often include a respite element at local level. Other supports are provided through programmes such as meals-on-wheels, day care or home help. Every effort is made to make each service as flexible as possible to meet individual needs. The aim of providing services is to meet people’s needs through a variety of supports, which focus on a multidisciplinary approach to deliver services to people in their own homes as far as possible. While we are faced with a period of economic and fiscal challenges and we face a period of Exchequer consolidation and new social realities, I hope these supports will continue within the resources that are available at present. The Department of Health and the HSE are committed to continue providing the supports to allow people to remain in their homes as far as possible within the resources currently available. The Department of Social Protection provides a number of income support payments on a weekly basis and will have a role in developing and implementing a strategy. Currently, more than 51,000 people get a carer’s allowance payment from the Department. That includes more than 21,000 who receive a half-rate carer’s allowance in addition to another payment. There are approximately 1,700 people in receipt of carer’s benefit. In addition, more than 17,000 people who are not in receipt of a carer’s allowance or benefit payment received the annual respite care grant of €1,700 this month. The estimated expenditure for carers in 2011, including carer’s allowance, carer’s benefit and the respite care grant is approximately €658 million. That does not include the household benefits package or free travel which carers also receive. It is not possible at this time to outline the contents of the strategy as it has not been drafted, but the commitment to develop a strategy during the lifetime of the Government is an important one. It will prompt all Departments to address the issues of concern for carers, some of which I have just mentioned. Once again, I take the opportunity to acknowledge the significant role played by carers in society and reiterate the commitment the Government has given to providing appropriate support to carers and those who are being looked after. I thank the Deputy for raising this important issue.
PARLIAMENTARY QUESTIONS Deputy John McGuinness (FF): asked the Minister for Education and Skills the number of special needs assistants employed by schools in counties Carlow and Kilkenny; if he will provide the list of these schools; the number of SNAs that will lose their jobs or will be cut; the schools at which they are currently employed; the number of appeals to retain the SNA he has received; the time frame for a decision in each case; Minister for Education and Skills (Deputy Ruairí Quinn): The information requested by the Deputy on the number of Special Needs Assistants (SNAs) employed by schools in Counties Carlow and Kilkenny is not readily available. Firstly, I wish to clarify for the Deputy that SNAs are recruited specifically to assist in the care of pupils with disabilities in an educational context. SNA allocations are not permanent as the level of SNA support allocated to a school may be increased or decreased as pupils who qualify for SNA support enrol or leave a school or where a child’s care needs may have diminished over time. The allocation of SNAs in each school can therefore alter from year to year. The National Council for Special Education (NCSE) is responsible for allocating SNAs to schools. 10,575 whole time equivalent posts are being provided for the coming school year. To manage this limited resource, 475 of these posts will be retained for allocation over the coming school year to address significant emergency cases; new entrants with special needs; or new assessments or injuries acquired during the school year. The NCSE will advise schools early in the new school year of a review process to review allocation decisions to ensure that correct procedures were followed and that they comply with my Department’s policy. The merits of individual allocation decisions will not be open to appeal under this mechanism. It will be expected that schools, before requesting a review, will be in a position to demonstrate that they have made every effort to manage their allocation of SNA posts to best effect.
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