15 September 2011

Parliamentary Questions

• New guidelines on social housing applications
• Ratify UN Convention on Rights of Persons with Disabilities
• School books as PDFs to facilitate children with a disability
• Appeal system available to parents unhappy with SENO allocation
• Implementation of EPSEN & Appeals process
• Continuation of Early Childhood Care and Education Programme

PARLIAMENTARY QUESTIONS  

• New guidelines on social housing applications

Deputy Michael Colreavy (SF): asked the Minister for the Environment, Community and Local Government the date on which he plans to introduce new guidelines for local authorities on social housing applications that address the current anomalies regarding applications for housing on medical grounds. Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose):  My Department is not aware of any anomalies regarding applications for social housing on medical grounds. However, my Department is aware that the wording on the new social housing application form, which mentions ‘consultants reports’, may give rise to difficulties in some cases. In June 2011, my Department issued advice to local authorities that a consultant’s report is not essential in all cases where applicants have a medical condition or disability which impacts on their housing needs. However, an appropriate written report from a qualified medical or paramedical professional must always be submitted. This is required both to identify and certify the medical condition or disability involved and also to ensure that suitable accommodation is provided for the household concerned. It is my intention, as soon as possible, to make a minor amendment to the prescribed application form consistent with the advice given on this issue. In the meantime, the advice issued to authorities should alleviate any difficulties that might arise. 

• Ratify UN Convention on Rights of Persons with Disabilities

Deputy Robert Dowds (L): asked the Minister for Justice and Equality when Ireland will ratify the UN Convention on the Rights of Persons with Disabilities; Minister for Justice and Equality (Deputy Alan Shatter):  It is the Government’s intention to ratify the UN Convention on the Rights of Persons with Disabilities as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are being met. As the Deputy may be aware, Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by the treaty in question, including by amending domestic law as necessary. The ongoing implementation of our National Disability Strategy in many respects comprehends many of the provisions of the Convention. In addition, the Inter-Departmental Committee on the UNCRPD monitors the remaining legislative and administrative actions required to enable ratification. The National Disability Authority, the lead statutory agency for the sector, has also been requested to independently assess the remaining requirements for ratification so as to ensure conclusively that all such issues will be addressed.One of the key requirements in this regard is the enactment of mental capacity legislation. The Government’s Legislation Programme as announced yesterday, 14 September 2011, indicates that the Mental Capacity Bill is expected to be published in early 2012. The Bill will replace the Wards of Court system with a modern statutory framework governing decision-making on behalf of adults who lack capacity. The passage of this Bill will add substantially to the overall progress on implementation of the requirements towards ratification of the Convention. 

• School books as PDFs to facilitate children with a disability

Deputy Robert Dowds (L): asked the Minister for Education and Skills   his plans to consider having school text books available as PDFs in order to better facilitate the learning environment of children with disabilities, particularly blind children;

Minister for Education and Skills (Deputy Ruairí Quinn):  I wish to advise the Deputy that my Department provides funding (€1.28m in 2011) to the National Braille Production Centre (NBPC), a national service which provides blind/visually impaired pupils at first and second level with textbooks in alternative formats including braille and audio format. It is an essential service to children who are blind or visually impaired and without it many such children would not be able to access mainstream education or be able to undertake the Junior and Senior Cycle examinations. I understand that the process of translating a book into braille can be a time consuming process. In my recent discussions with the educational publishers, I raised the issue of co-operation with the NBPC in this regard and stressed the importance of providing the relevant PDF files in a timely manner so that no blind or visually impaired children experience undue delays in having access to their coursebooks. 

• Appeal system available to parents unhappy with SENO allocation

Deputy David Stanton (FG): asked the Minister for Education and Skills the appeals or review options open to parents who are unhappy with a special education needs organiser’s allocation for their child; the appeals or review options open to schools who are unhappy with a special education needs organiser for their school;

Minister for Education and Skills (Deputy Ruairí Quinn): The Deputy will be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and Special Needs Assistants (SNAs) to schools in order to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. In relation to the allocation of SNA support, this now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts. Where additional teaching or care support is allocated by SENOs, in order to support children with special needs, these resources are allocated to schools. It is a matter for schools to utilise those resources to best support the children designated for receipt of such support. Parents should therefore raise any issues that they have regarding resource allocation or utilisation with their school Principal in the first instance. If a parent or school has concerns about the performance of a SENO they should raise this matter directly with the NCSE. In relation to review procedures for schools, the NCSE issued a Circular to all schools in February of this year which provided guidance to schools with regard to the Special Needs Assistant (SNA) allocation process for the 2011/2012 school year. A key feature of the amended scheme is to provide for an annual allocation of SNA support to eligible schools. The NCSE Guidelines to schools stated that “a mechanism will be developed through which schools may seek to have the position in relation to the level of SNA resource revisited. However, given that there is now a finite cap on the level of such supports, the current model of appeal is not appropriate for use in the context of SNA allocation. Therefore the new mechanism for use by schools and parents will be developed after the operation of the above resource allocation process itself has been examined”.This is intended to take place later this year when the 2011/2012 allocations process has been completed. The NCSE will advise schools early in the new school year of any 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. 

• Implementation of EPSEN & Appeals process

Deputy David Stanton (FG): asked the Minister for Education and Skills  further to Parliamentay Question Nos 637, 638 and 639 of 2 February 2010, his plans to implement the remaining sections of EPSEN Act 2004 necessary to allow for the Special Education Appeals Board to begin hearing appeals from parents dissatisfied with special education needs organiser allocation decisions; if the National Council for Special Education has established, across all schools, a structured appeals process of SENO decisions which was piloted in 2010; if the NCSE has established an independent appeal advisory committee; if so, the membership of same.

Minister for Education and Skills (Deputy Ruairí Quinn): The Deputy will be aware that a number of sections of the Education for Persons with Special Educational Needs Act (EPSEN) 2004 have already been commenced, principally those establishing the National Council for Special Education (NCSE) and those promoting an inclusive approach to the education of children with special educational needs. The Deputy is also aware that the previous Government deferred the full implementation of EPSEN in the light of the very difficult economic situation and the associated significant costs. I wish to clarify for the Deputy that this Government is committed — during the tenure of this Government — to the publication of a plan for the implementation of the Education for Persons with Special Educational Needs Act 2004 (EPSEN) to prioritise access for children with special needs to an individual education plan. It is my intention to prepare a plan to implement EPSEN in line with the programme for Government, subject to the restrictions of the current fiscal position. All parts of the EPSEN legislation, which have not been commenced to date, including the section relating to the establishment of the Special Education Appeals Board, will be considered during this process. The NCSE issued a Circular to all schools in February of this year which provided guidance to schools with regard to the Special Needs Assistant (SNA) allocation process for the 2011/2012 school year. A key feature of the amended scheme is to provide for an annual allocation of SNA support to eligible schools. The NCSE Guidelines to schools stated that “a mechanism will be developed through which schools may seek to have the position in relation to the level of SNA resource revisited. However, given that there is now a finite cap on the level of such supports, the current model of appeal is not appropriate for use in the context of SNA allocation. Therefore the new mechanism for use by schools and parents will be developed after the operation of the above resource allocation process itself has been examined”. This is intended to take place later this year when the 2011/2012 allocations process has been completed. The NCSE will advise schools early in the new school year of any 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. 

• Continuation of Early Childhood Care and Education Programme

Deputy Terence Flanagan (FG): asked the Minister for Public Expenditure and Reform the position regarding the continuation of the preschool year;

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): The administration of the Early Childhood Care and Education (ECCE) programme is the responsibility of my colleague, the Minister for Children and Youth Affairs. The ECCE provides a universal entitlement to a free pre-school year for children aged between three years three months and four years six months on 1 September each year. Funding of the ECCE is a matter for the Minister for Children and Youth Affairs and her Department to consider in the first instance, in the context of preparing their estimates for 2012 and future years and in the context of the Government’s currently ongoing Comprehensive Review of Expenditure.

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