
December 16 2008
Dáil Debates
Parliamentary Questions
DÁIL DEBATES
- Priority Question: Lack of inspection in residential services for children
Deputy James Reilly (FG): asked the Minister for Health and Children if her attention has been drawn to the fact that 400 children with disabilities in residential care are not protected by an inspectorate and that those children are three to seven times more likely to suffer abuse; the immediate action she will take to address same;
Minister of State at the Department of Health and Children (Deputy John Moloney): Children with disabilities who require residential care may be accommodated, depending on their needs, in generic residential centres, under the Child Care Act 1991 or in specialist residential services for children with disabilities. A total of 400 children are accommodated in generic children’s residential centres, under the Child Care Act 1991. Those include some children with disabilities whose needs for residential care arise out of the responsibilities of the HSE under the Child Care Act rather than because of their disability. The centres are subject to statutory inspection. The Office of the Chief Inspector of Social Services in the Health Information and Quality Authority has responsibility for this function. The statutory framework which underpins this work is laid out in the Child Care (Placement in Residential Care) Regulations 1995. In addition, national standards for children’s residential centres, set down in 2001, have been in operation and are based on the requirements of legislation, regulation and findings from research. The standards allow inspectors to form judgments about the quality of services provided in those centres. Areas covered by standards include child protection and children’s rights. Currently, 227 children are placed in specialist residential centres for children of which 200 children have an intellectual disability and 27 children have a physical and sensory disability. All services for children with disabilities are covered by the national guidelines for the protection and welfare of children, Children First, published by the Department of Health and Children. Residential centres for children with disabilities are required to ensure that there are appropriate policies and procedures in place for the identification, reporting and management of any concerns in regard to abuse of children in those centres. In November 2007, the HSE prepared a guidance document that sets out the standards expected from all residential service providers for children with disabilities who are not placed in such settings under the Child Care Act 1991. Additional information not given on the floor of the House. The guidance document was prepared by a working group, comprising HSE staff, including an inspector of residential services, service providers and the National Disability Authority. The guidance document is currently being operated on a non-statutory basis. The HSE is currently finalising a framework for the protection of all vulnerable service users, including children. This framework will include a revised definition of abuse along with standards and guidelines to ensure protection of all vulnerable service users, including children with disabilities. The proposed framework will be completed in February 2009. The Health Information and Quality Authority which was established in May 2007, has responsibility for the development and monitoring of standards. HIQA has recently undertaken a public consultation on draft national quality standards with regard to residential settings for people with disabilities and is now in the process of finalising the standards and plan to submit them to the HIQA board in early 2009. These standards are intended for adults. HIQA has also developed a set of standards for children which has been circulated, for comment, to its national advisory committee on standards. It is expected the children’s standards will be finalised in the new year.
Deputy James Reilly: …Turning to the Minister of State’s response, the bottom line is that there are 400 children who remain in institutions that are not subject to any inspection. The Minister of State has been asked when this glaring deficit will be corrected because, statistically, these children are three to seven times more likely to suffer abuse, given the nature of their disabilities and their inability to report. I again ask the Minister of State when HIQA standards will be brought in and it is empowered to inspect and protect these children. We have a duty to them because they are the most vulnerable children in our society. The standards need to be introduced as soon as possible. If we can stay here all night and pass laws in relation to banks and guillotine health Bills to take the medical card off the over-70s, surely we can address this issue before Christmas and ensure the safety of these children.
Deputy John Moloney: I do not believe there is any need for the Deputy to raise the medical card issue again; the House knows his position on that matter. He should not rehearse all that again, since he changes his position so often. My position is very definite. I am making the very direct response to the effect that he should have known this because he attended the committee meeting recently at which HIQA representatives were present. They made it quite clear that while they are prepared to carry out the inspections, they are waiting on funding from this Department. The Department, in turn, is working with HIQA to ensure that the initiative will start some time towards the middle of next year.
Deputy James Reilly: It is man˜ana again.
Deputy John Moloney: No, it is not man˜ana, but it is a stance I have adopted and will maintain. I will not change my mind next Sunday, having said something else in the newspaper last Sunday.
Deputy James Reilly: The Minister of State’s problem is——(Interruptions.)
An Leas-Cheann Comhairle: We will not have a shouting match. Neither the Deputy nor the Minister of State will ignore the Chair. We will not have a screaming match in our national Parliament.
Deputy John Moloney: I apologise to the Leas-Cheann Comhairle. The Deputy finds it difficult to be reminded of things that happened six months ago. He prefers to concentrate on matters that might occur ten years hence. Could I attempt, without interruption if at all possible, to avoid a balling match and just make the point that HIQA was quite properly set up by the Minister for Health and Children, recognising as she did the need for a quality authority, for which she has to be complimented? She made the position quite clear to HIQA regarding the standards that were to be brought in, first of all, for the elderly. Our priority now is to ensure that the people in such homes are properly supervised. That commitment is alive and well and will not be changed by an interview in some paper in six months’ time.
Deputy James Reilly: I remind the Minister of State that we already have reports of abuse of children in these circumstances with the Brothers of Charity. We had those reports before the meeting of the health committee. This is his area of responsibility. I want him to show the same enthusiasm that he and his Government have for guillotining Bills to institute cuts and apply that enthusiasm and energy towards ensuring that these children are protected through law.
Deputy John Moloney: If we were dealing with people who have the patient in mind in every aspect of health and were not promoting certain disciplines, to get a greater slice of the health cake, we might be able to do things much quicker. I refer to Deputy Reilly’s position.
Deputy James Reilly: I am talking about children who are being abused.
Deputy John Moloney: I did not ask for your usual ignorant interruptions, Deputy, if you do not mind.
Deputy Alan Shatter: We are talking about children who suffer——
Deputy John Moloney: Am I responding to Deputy Shatter? Did you ask a question on this issue?
Deputy Alan Shatter: ——and the Minister of State has a duty to protect them.
Deputy John Moloney: If Deputy Shatter will “excuse me, sir”, as you are often quoted as saying, could I please have the right to respond?
An Leas-Cheann Comhairle: I ask the Minister of State to speak through the Chair.
Deputy John Moloney: The Minister and I have a plan which it is intended to implement next year. These are not mere words about future intentions, but rather a statement of support for my senior Minister who set up this authority in the first place.
PARLIAMENTARY QUESTIONS
- Medical card for children under 18
Deputy Eamon Gilmore (L): asked the Minister for Health and Children when she expects to be able to implement the promises in the programme for Government on increasing the threshold for qualification in respect of parents of children under six years and parents of children with an intellectual disability under 18 years of age;
Minister for Health and Children (Deputy Mary Harney): In conjunction with the development of a new legislative framework to provide for clear statutory provisions on eligibility for health and personal social services, my Department is currently reviewing the assessment criteria for medical cards in the context of financial, medical and social need in line with the commitment in Towards 2016. A Steering Group has been established to undertake this review and is expected to complete its work and report to me within the next few months. Upon completion of this report, it is my intention to then consider how best to progress the commitments in the Programme for Government in relation to medical card eligibility.
- Impact of deferral of EPSEN on Disability Act
Deputy David Stanton (FG): asked the Minister for Health and Children the impact the deferral of the implementation of the Education for Persons with Special Educational Needs Act, 2004 will have on the implementation by her Department of Part 2 of the Disability Act, 2005 for children of school-going age; if assessments are being carried out under the Disability Act 2005; if such assessments will continue to be carried out;
Minister of State at the Department of Health and Children (Deputy John Moloney): The National Disability Strategy, which was launched in September 2004, provides for a framework of new supports for people with disabilities. Among the principal elements of the Strategy are both the Disability Act 2005 and the Education for Persons with Special Educational Needs (EPSEN) Act 2004. The Disability Act 2005 remains the central component of the National Disability Strategy. Part 2 of the Act provides people with disabilities with an entitlement to:
- an independent assessment of their health and education needs;
- a statement of the services it is proposed to provide;
- pursue a complaint through the HSE complaints process if necessary;
- make an appeal to the independent Disability Appeals Officer.
Part 2 of the Disability Act 2005 commenced for children aged under 5 years with effect from 1 June 2007. This prioritisation reflects the importance of intervention early in life, which can have a significant impact on the disabling effects of a condition or impairment. In addition, a number of sections of the EPSEN Act 2004 have also been commenced, principally those establishing the National Council for Special Education and those promoting an inclusive approach to the education of children with special needs. Unlike the Disability Act, the EPSEN Act does not provide for phased commencement by age cohort. Consequently, the education sector must be in a position to provide the required services to all children before the relevant provisions are commenced. At the end of November 2008, 3,508 applications for an assessment of need under the Disability Act 2005 have been received and have been completed or are in train by the HSE. This process will continue in respect of children under 5. It had been intended to have the EPSEN Act fully implemented by 2010, and to commence Part 2 of the Disability Act 2005 for 5 to 18 year-olds in tandem and to extend the provisions to adults the following year. This would have required significant additional investment in 2009 and 2010 to prepare the education and health sectors for the operation of the legislation and to support the statutory processes that would be required. In the light of the current financial circumstances, it is unfortunately necessary to defer the implementation of the above legislation. However, this does not in any way dilute the Government’s commitment in the areas of disability and mental health. Deputies will be aware of the greatly increased funding base for disability and mental health services that has been built up over recent years. Additional monies amounting to more than €550 million have been allocated to the HSE, under the Multi-Annual Investment Programme, to continue to enhance and develop services to people with disabilities and mental health difficulties. The Government further emphasised its commitment to children with disabilities by allocating an additional €20 million in the recent Budget for health and education services for children with special educational needs. €10 million of this allocation will be to the Health Service Executive for the provision of 125 additional therapy posts in the disability and mental health services, targeted at children of school-going age, and €10 million to the Department of Education and Science, to enable the services provided to children with special educational needs to be enhanced and strengthened. The challenge facing us now is to use available resources to best effect in the period ahead. My Office for Disability and Mental Health will be actively working to improve coordination and cooperation between relevant Departments and agencies and to continue to achieve as much progress and service development as possible in the more constrained resource environment that now applies.
Deputy David Stanton (FG): asked the Minister for Health and Children her policy in relation to assisted living supports for people with disabilities; the resources she has allocated to assisted living in 2008;
Minister of State at the Department of Health and Children (Deputy John Moloney): Assisted living services are provided to people with disabilities in a number of ways, personal assistant services and home support services. The personal assistant service involves the employment of personal assistants (PAs) to enable people with physical or sensory disability to live as independent a life as possible. The PA provides assistance at the direction of the person with the disability and may involve providing assistance with tasks of everyday living such as personal care, household tasks and outside the home, whether in a work or social situation, thus promoting choice and independence for the person with the disability. The PA works on a one to one basis, in the home and/or in the community, with a person with a physical or sensory disability, with the aim of assisting that person to achieve independence. The Home Support service provides domestic and or personal care inputs at regular intervals on a weekly basis. It differs from the role of a PA in that it focuses more on the necessary domestic and personal care inputs of those based mainly in the home but can occasionally include community activities. Home supports can be provided through a dedicated home support service or through the generic home help service. Home supports can be an alternative to residential care, where support to individuals in daily living can avoid the need for full time residential services. All assisted living services, including PA services and home support, is provided through voluntary agencies or through the HSE. The assisted living service aims to:
- facilitate appropriate and effective inclusion and participation in their local community; and
- provide personal care when needed to facilitate community inclusion.
Services are accessed through an application process or through referrals from public health nurses or other community based staff. Individuals’ needs are evaluated for the particular services and then decisions are made in relation to the allocation of resources. Resource allocation is determined by the needs of the individual, priorities and the level of resources available.
Under the Multi-Annual Investment Programme for people with a disability an additional
820,000 hours of PA/Home Support services has been put in place since 2005.
This year alone an additional €4.5m was allocated to provide 200,000 additional hours of
PA/ Home support services. The total level of assisted living service provided this year amounts to 3.2 million hours with a total cost of approximately €61m.
- Retention of physiotherapists
Deputy Mary Upton (L): asked the Minister for Health and Children if she has plans to retain qualified physiotherapists in this country;
Minister for Health and Children (Deputy Mary Harney): There has been a growing demand for, and investment in, physiotherapy services over the last number of years. There were a number of issues contributing to difficulties accessing therapy services, one of which had been the supply of qualified personnel available to fill vacant posts. A particular priority for my Department and the Department of Education and Science in recent years has been the expansion of the supply of therapy graduates. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future. In this regard, since 1997, the number of training places for physiotherapy has been increased from 64 to 145 which represents an increase of 127%. Almost 130,000 people work full-time or part-time in our public health services. In recent years, the Government’s ongoing high level of investment in health has achieved and maintained significant increases in the numbers of doctors, nurses and other healthcare professionals employed in the public health services. The numbers of physiotherapists employed has also grown significantly, with 593 whole time equivalents employed in December 1997 compared to 1,429 whole time equivalents employed in September 2008, which represents an increase of 141%. The Government is committed to ensuring continued adequate recruitment of professional staff across a range of community settings to ensure the continued development of community services. Additional funding of €20 million has been provided in 2009 for health and education services for children with special educational needs. This funding will provide a total of 125 additional therapy posts in the HSE targeted at children of school-going age. 90 of these will be in the disability services, including speech and language therapists, occupational therapists and physiotherapists, with an additional 35 posts being provided for child and adolescent mental health services. In addition, certain key health and social care professional posts, including physiotherapists, are to be protected by setting employment floors for these grades within the Health Service Executive (HSE) in 2009. These posts are essential to the development of a number of services areas such as disability, child and adolescent mental health services and child protection services. In order to protect these posts, my Department will be writing to the HSE setting out the minimum employment levels to be maintained within each of these occupations in the health sector in 2009. The recruitment and retention of these key front line professional posts is vital to ensure continued progress in the development of community settings.
- Shortage of Speech and Language Therapists
Deputy Martin Ferris (SF): asked the Minister for Health and Children if her attention has been drawn to the fact that there is still a shortage of speech and language therapy services while trained speech and language therapists are having to emigrate to find work; if she will address this problem;
Minister for Health and Children (Deputy Mary Harney): There has been a growing demand for, and investment in, speech and language therapy services over the last number of years. There were a number of issues contributing to difficulties accessing therapy services, one of which had been the supply of qualified personnel available to fill vacant posts. A particular priority for my Department and the Department of Education and Science in recent years has been the expansion of the supply of therapy graduates. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future. In this regard, since 1997, the number of training places for speech and language therapy has been increased from 25 to 105 which represents an increase of 320%. Almost 130,000 people work full-time or part-time in our public health services. In recent years, the Government’s ongoing high level of investment in health has achieved and maintained significant increases in the numbers of doctors, nurses and other healthcare professionals employed in the public health services. The numbers employed in speech and language therapy has also grown significantly from 282 whole time equivalents employed in December 1997 rising to 736 whole time equivalents employed in September 2008, which represents an increase of 161%. The Government is committed to ensuring continued adequate recruitment of professional staff across a range of community settings to ensure the continued development of community services. Additional funding of €20 million has been provided in 2009 for health and education services for children with special educational needs. This funding will provide a total of 125 additional therapy posts in the HSE targeted at children of school-going age. 90 of these will be in the disability services, including speech and language therapists, occupational therapists and physiotherapists. 35 additional posts will be provided for child and adolescent mental health services, including clinical psychologists, occupational therapists and speech and language therapists for new and existing multi-disciplinary teams. In addition, certain key health and social care professional posts, including speech and language therapists, are to be protected by setting employment floors for these grades within the Health Service Executive (HSE) in 2009. These posts are essential to the development of a number of services areas such as disability (including speech and language therapy), child adolescent mental health services and child protection services. In order to protect these posts, my Department will be writing to the HSE setting out the minimum employment levels to be maintained within each of these occupations in the health sector in 2009. The recruitment and retention of these key front line professional posts is vital to ensure continued progress in the development of community settings.
- €70 million redirected from disability sector
Deputy Aengus O’Snodaigh (SF): asked the Minister for Health and Children if she will ensure that the Health Service Executive reallocates, to services for people with disabilities, the estimated €70 million redirected from that sector by the HSE;
Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to a service matter, I have arranged for the question to be referred to the Health Service Executive for direct reply.
- Numbers who participated in FÁS supported employment schemes
Deputy David Stanton (FG): asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of people with disabilities who participated in the FÁS supported employment programme which provides open labour market supports in 2006, 2007 and 2008; the number of job coaches employed under this scheme;
Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): The Supported Employment Programme is an active labour market initiative to assist jobseekers with a disability to find employment in the open labour market, and is operated by FÁS on behalf of the Department of Enterprise, Trade and Employment. FÁSestimate that between 2006 and 2008 there was an average of 2,200 active clients participatingannually on the programme. A new electronic tracking system to record and monitor outcomeson the Supported Employment Programme has recently been introduced by FÁS. A total of120 job coaches employed by 23 local supported employment sponsor organisations deliver theprogramme on behalf of FÁS.
- Information Gathering Requirements of Department of Enterprise, Trade and Employment under Disability Act Sectoral Plan
Deputy David Stanton (FG): asked the Tánaiste and Minister for Enterprise, Trade and Employment the research, surveys and other information gathering processes her Department has conducted, under its commitment in the Disability Act sectoral plan, to gather necessary baseline information on people with disabilities in relation to the assessment of engagement strategies, participation, retention and certification rates, standards outcome and value for money of labour market measures; the action she has taken to improve employment and training opportunities for people with disabilities as a result; if the target of one access officer to coordinate disability supports per region has been reached;
Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Extensive research relating to the employment of people with disabilities has been conductedby my Department, and FÁS, with a view to gathering information as part of the Department’scommitments under the Disability Act, 2005. A review of the operation of the Wage SubsidyScheme and a study on acquired disability and employment have been carried out on behalfof my Department. A survey of private sector employers’ attitudes to recruiting people withdisabilities, and their level of awareness of FÁS grants for the adaptation, recruitment, andretention of people with disabilities has been carried out on behalf of FÁS. A review of theeffectiveness of the Supported Employment Programme in the context of current operatingstandards has also been carried out on behalf of FÁS.A study of the efficiency and effectiveness of vocational training and rehabilitative trainingservices for people with disabilities provided by Specialist Training Providers has been carriedout on behalf of my Department and FÁS, and the Department of Health and Children. Inthe context of the implementation by my Department of a comprehensive employment strategyfor people with disabilities the actioning of the findings and recommendations contained inthese reports is expected to improve future training and employment opportunities for peoplewith disabilities. A draft outline of the implementation of a comprehensive employmentstrategy for people with disabilities has been developed by my Department, and has recentlybeen discussed with the Consultative Forum on an Employment Strategy for people with disabilitiesthat has been established under the Department’s Sectoral Plan. A key focus of thestrategy is on effecting the optimal changes to existing programmes, schemes and services, inparticular with regard to the Supported Employment Programme and the Wage SubsidyScheme.The overall objective of the implementation of such a comprehensive employment strategyis to enhance the operation and effectiveness of the range of FÁS supports and services forfacilitating increased participation of people with disabilities in the labour market in the contextof the employment target set by the Sectoral Plan. The Plan provides for an increase by 7,000in the employment of people with disabilities capable of holding a job by 2010. The SectoralPlan will be reviewed in 2009. A proposal to implement an access and learning support servicein FÁS mainline training centres has been developed, and the appointment of an access officerto coordinate these services is under active consideration by FÁS.
- Joint bridging programme between health funded rehabilitative training services and vocational training services
Deputy David Stanton (FG): asked the Tánaiste and Minister for Enterprise, Trade and Employment if a joint bridging programme between health funded rehabilitative training services and vocational training services to ensure progression and vocational advancement for persons who have the ability and potential to progress from rehabilitative to vocational training, in particular FÁS training, has been established between her Department and the Department of Health and Children as per her Department’s commitment in the Disability Act sectoral plan; the progress that has been made in improving the delivery of effective services to people with disabilities as a result;
Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The need for developing a joint bridging programme between HSE funded rehabilitative training services and FÁS funded vocational training services for people with disabilities is acknowledged in the Sectoral Plans of my Department and the Department of Health and Children. The development of such a joint bridging programme has been the subject of detailed discussions between FÁS and the HSE, and of necessary follow-on discussions with providers within FÁS. Arrangements are now at an advanced stage by FÁS Community Services to roll out a pilot bridging programme in 2009. FÁS Community Services have also developed a separate joint bridging initiative with St. Joseph’s Foundation in Charleville, County Cork. The aim of this project, which has recently commenced, is to test and develop a suitable training programme specification to assist in the transition from rehabilitative training to vocational training with a view to entering the open labour market.
- Accuracy of National Intellectual Disability Database
Deputy David Stanton (FG): asked the Minister for Health and Children further to Parliamentary Question No. 232 of 2 December 2008, the accuracy of the National Intellectual Disability Database as per the recent audit on same;
Minister of State at the Department of Health and Children (Deputy John Moloney): As I stated in my reply on 2 December last, a report on the audit of the National Intellectual Disability Database will be produced in 2009 and will deal with the issue of accuracy of the data held on the database.
- €70 million redirected from disability sector
Deputy Denis Naughten (FG): asked the Minister for Health and Children if she will instruct the Health Service Executive to redirect the €70 million reassigned by them from the 2007 and 2008 budget for disability and mental health services back into this area; the budget available in capital and current in each area in 2007, 2008 and projected for 2009;
Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to a service matter I have arranged for the question to be referred to the Health Service Executive for direct reply.
- Educational Needs of Adults
Deputy David Stanton (FG): asked the Minister for Health and Children the details of the discussions officials from her Department and the Health Service Executive have had with the National Council for Special Education in relation to the educational needs of adults and contact with local authorities and other Government Departments and agencies regarding the sharing of information on assessed needs which are outside her Department’s remit as per commitments in her Department’s Disability Act sectoral plan; the protocols developed as a result;
Minister of State at the Department of Health and Children (Deputy John Moloney): In January 2008, the Government announced the establishment of the Office for Disability and Mental Health to support the Minister for Equality, Disability and Mental Health in exercising responsibilities across four Government Departments: Health & Children, Education & Science, Enterprise, Trade & Employment and Justice, Equality & Law Reform. The new Office brings together responsibility for a range of different policy areas and State services which directly impact on the lives of people with a disability and people with mental health issues. The Government’s decision to establish the Office for Disability and Mental Health reflects its commitment to developing a more coherent and integrated response to the needs of people with disabilities and mental health issues. The designation of a Minister of State with responsibility for Equality, Disability and Mental Health and the establishment of the Office for Disability and Mental Health will facilitate cross-agency and cross-departmental working and enable us to deliver real benefits to clients and service users into the future. Under the aegis of this Office, a Cross Sectoral team of officials from the Department of Health and Children, the Department of Education and Science, the Health Service Executive and the National Council for Special Education was established and meets on a regular basis to address issues arising in relation to the implementation of the Disability Act 2005 and the Education for Persons with Special Educational Needs Act 2004 (EPSEN). It had been intended to have the EPSEN Act fully implemented by 2010, and to commence Part 2 of the Disability Act 2005 for 5 to 18 year-olds in tandem. In the light of the current financial circumstances, it is unfortunately necessary to defer the implementation of the above legislation. However, this does not in any way dilute the Government’s commitment in the areas of disability and mental health. The Government has not only protected the increased funding base for disability and mental health services that has been built up over recent years, but has in this Budget provided an additional €20 million for health and education services for children with special educational needs. €10 million of this allocation will be to the HSE, and €10 million to the Department of Education and Science, to enable the services provided to children with special educational needs to be enhanced and strengthened, as a first step towards the full implementation of the EPSEN Act, and of Part 2 of the Disability Act for 5 to 18 year olds, and subsequently to adults, at a later date. With regard to the specific commitments in the Sectoral Plan relating to housing, income support measures and vocational training and employment issues, the position is that:
- A protocol to govern inter-agency cooperation between the HSE and Housing Authorities in relation to services provided for people with a disability has been agreed. The protocol is focused on children under five years who are assessed by the HSE under Part 2 of the Disability Act 2005, and are identified as likely to require housing support. The protocol was developed by the Department of the Environment, Heritage and Local Government and the Department of Health and Children in association with the HSE and the local authorities and is in line with commitments given in the sectoral plans of both Departments following the requirements of section 32 and section 36 of the Disability Act 2005. It details the process to be undertaken between the HSE and local authorities. Further protocols in relation to assessment of need for people with a disability will be developed and implemented in line with the phased implementation of the statutory requirements of Part 2 of the Disability Act 2005 to all age groups. The details of this protocol are available on the Department of the Environment, Heritage and Local Government website at: http://www.environ.ie/en/DevelopmentandHousing/Housing/SpecialNeeds/DisabledPersons/.
- The Government has decided to transfer income support and maintenance schemes to the Department of Social and Family Affairs. An inter departmental implementation group, representative of the Department of Health and Children, the Health Service Executive and the Department of Social and Family Affairs, has responsibility to drive the transfer of allowances in accordance with the Government’s decision.
- There are 22,400 children in receipt of the Domiciliary Care Allowance. The transfer of Domiciliary Care Allowance to the Department of Social and Family Affairs is a priority for 2009. The legislation is in place and detailed arrangements for the transfer and administration of the Domiciliary Care Allowance by the Department of Social and Family Affairs are being developed.
- The Office for Disability and Mental Health is working with the HSE and the Department of Enterprise, Trade and Employment (D/ETE) with a view to promoting a crosssectoral approach to supporting and enhancing adult day occupational and training services for people with disabilities. Progress on this issue is linked to the HSE National Review on Adult Day Services for People with Disabilities.
In addition, I would draw the Deputy’s attention to section 12 of the Disability Act 2005 which provides that liaison officers may furnish a copy of an assessment, report, or any other information which the liaison officer considers appropriate to a public body for the purpose of assisting an applicant in applying for personal or individual services provided by the body relevant to his or her needs.
- National Action Plan for Human Rights
Deputy Pat Breen (FG): asked the Minister for Justice, Equality and Law Reform if he has plans to develop a national action plan for human rights;
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Government policy in relation to human rights and equality matters has been to target areas of concern by the development of specific National Action Plans and national strategies. Examples of these, in so far as my Department is concerned, include the National Action Plan against Racism, the National Women’s Strategy and the National Disability Strategy. At present, my Department is responsible, as a matter of priority, for the inter-departmental committee established to advise on and monitor the actions required to enable the State to ratify the UN Convention on the Rights of Persons with Disabilities. The Disability Act 2005, underpinned by the National Disability Strategy, will meet a considerable portion of the Convention’s requirements. The Department is also responsible for the coordination of Ireland’s reports to the United Nations on the International Convention on the Elimination of all Forms of Racial Discrimination. These reports update the legislative, judicial, administrative and other measures identified to give effect to the provisions of the Convention and are a measure of the Government’s achievements on the issues in question in the Convention. The Deputy will also be aware of the role of the independent Human Rights Commission which operates under the Human Rights Acts 2000 and 2001. The Commission has a strategic plan “Promoting and Protecting Human Rights in Ireland 2007 — 2011” setting out its views on the development and implementation of human rights policy in Ireland.
- Disability Allowance Survey
Deputy David Stanton (FG): asked the Minister for Social and Family Affairs if the disability allowance survey and invalidity pension schemes were completed in 2007 and 2008 respectively as per her Department’s commitment in the Disability Act sectoral plan; if these reviews have been published; the action she has taken as a result;
Minister for Social and Family Affairs (Deputy Mary Hanafin): The Disability Sectoral plan for the Department of Social & Family Affairs provides that the Department will complete a national customer satisfaction survey in 2007 for Disability Allowance customers, in 2008 for Invalidity Pension customers and in 2009 for Carer’s Allowance & Benefit Customers. The purpose of the survey is to assess customer satisfaction with the services that the Department is providing. The Survey of Disability Allowance customers was carried out in June & July 2007. A sample of 1,050 customers who were awarded Disability Allowance since January 2006 were selected at random. The survey highlighted that the vast majority of customers are very satisfied with the quality of service provided by Disability Allowance Section. The results of the survey was circulated to senior officials of my Department and to the members of the Disability Consultative Forum. The Disability Consultative Forum meets a number of times a year and is the mechanism whereby my Department consults with organisations representing people with disabilities. A customer survey for Invalidity Pension customers will be completed in early 2009.
Deputy David Stanton (FG): asked the Minister for Social and Family Affairs if the VTOS income support has been integrated back into income support under her Department; if the vocational educational committee is the main access route for people applying for second chance education at third level; if the national employment action plan process has been improved such that all entrants for whom education would be more appropriate are referred to the back to education scheme as per commitments under her Department’s Disability Act sectoral plan;
Minister for Social and Family Affairs (Deputy Mary Hanafin): In its Disability Sectoral Plan, the Department of Social and Family Affairs has undertaken to facilitate participation in education by social welfare customers of working age with disabilities who are most distant from the labour market in order to enhance their employability and assist them in accessing sustainable employment. The department also committed to enhancing the National Employment Action Plan (NEAP) process where an education option is considered most appropriate. Consequently, the third level strand of the back to education scheme is now accessible for persons participating in the national employment action plan, if they have spent nine months on the live register. The duration condition for others is twelve months. An inter-departmental working group was established to oversee the integration of VTOS income support provision into the Department of Social and Family Affairs while the Department of Education and Science would provide all educational supports. This was one of the recommendations in the “Report of the Working Group on the Review of the Back to Education allowance (BTEA) Scheme” which are currently under examination. In line with commitments in the Disability Sectoral Plan and elsewhere the annual cost of education allowance has been increased to €500. The responsibility for mainstream education rests with the Department of Education and Science and the access routes for people applying for second chance education is a matter for that department.
- Recruitment of People with Disabilities in the Public Service
Deputy David Stanton (FG): asked the Minister for Social and Family Affairs the details of the contact between her Department and the Public Appointments Service to improve the recruitment of people with disabilities through the enhancement of policies and procedures, in particular in respect of the open competition for people with disabilities for executive and administrative officer grades as per the commitment in her Department’s Disability Act sectoral plan; the changes which that have been made as a result;
Minister for Social and Family Affairs (Deputy Mary Hanafin): In accordance with the commitments outlined in the Sectoral Plan under the Disability Act 2005, the Department liaises regularly with the Public Appointments Service with regard to the appointment of people with a disability from competitions. The required supports are identified and put in place prior to the person’s appointment. In addition, the Department conducts workplace assessments for all new entrants with a disability and for those who may acquire a disability during their employment, with a view to providing any necessary and appropriate workplace accommodations. The Department was represented on the Public Appointments Service committee that designed the Recruitment and Selection Toolkit. The Toolkit provides practical advice on transparent and effective merit based selection systems and includes advice on equality and diversity friendly initiatives and actions. In addition, the Department is also represented on the cross departmental Disability Liaison Officers Network Group, which was consulted regarding recruitment procedures for the open competition for appointment to the position of Executive Officer and Administrative Officer in the Civil Service confined to persons with Disabilities in 2007. The competition referred to by the Deputy was organised by the Public Appointments Service in accordance the Code of Practice for the Appointment of Persons with Disabilities in the Civil Service and Certain Public Bodies.
- National Housing Strategy for People with Disabilities
Deputy David Stanton (FG): asked the Minister for the Environment, Heritage and Local Government the progress that has been made in the development of a national housing strategy for people with disabilities; the stakeholders, groups or individuals involved in its development; if the protocols on individual housing needs, social housing supports and strategic assessment of housing needs of people with disabilities have been established between housing authorities and the Health Service Executive and have been developed as per the commitment in his Department’s Disability Act Sectoral Plan;
Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The Government’s Housing Policy Statement, Delivering Homes,Sustaining Communities, reflects the commitment in Towards 2016 to develop a national housing strategy for people with a disability. Work on the strategy commenced in October 2007under the aegis of a National Advisory Group, headed by my Department and involving theDepartment of Health and Children, the Health Service Executive, social partners and otherrelevant stakeholders including the National Disability Authority. A full list of the membershipof the National Advisory Group is set out below.The strategy, which will provide a broad framework to inform the future development oflocal authority Housing Action Plans, will support the provision of tailored housing and housingsupports for people with a disability, and have particular regard to adults with significant disabilitiesand people who experience mental health issues. Work on the strategy is ongoing witha view to completion by end 2009.As part of this focus, and in line with a commitment under my Department’s Sectoral Plan,a suite of protocols governing liaison arrangements between housing authorities and the HealthService Executive is being developed. These protocols will provide a strategic framework forinter agency cooperation at local level.My Department, in conjunction with the Department of Health and Children, the HealthService Executive and local authorities, developed a protocol governing liaison between theHealth Service Executive and housing authorities on the assessment of the individual accommodationneeds of people with a disability, who have been assessed under Part 2 of the DisabilityAct 2005 and identified as being likely to require housing support. This protocol, whichhas been in operation since July 2007, ensures that there is a smooth and transparent system tofacilitate referral between the Health Service Executive and housing authorities in these cases.The protocol governing funding arrangements between housing authorities and the HealthService Executive in relation to ongoing support costs for social housing projects provided forpeople with a disability is currently under development and is expected to be implementedearly next year. A further protocol, to govern liaison between the housing authorities and theHealth Service Executive in relation to the strategic assessment of the nature and extent oflocal housing needs of people with a disability, will be progressed in the context of the developmentof the national housing strategy for people with a disability. This protocol will improvethe capturing of data in relation to the housing needs of people with a disability.
Membership of the National Advisory Group:
• Department of Environment, Heritage & Local Government (Chair);
• Department of Health and Children;
• Health Service Executive;
• County and City Managers Association;
• Homeless Agency;
• Mental Health Ireland;
• Mental Health Commission;
• National Disability Authority;
• Disability Federation of Ireland;
• Inclusion Ireland;
• National Federation of Voluntary Bodies;
• People with Disabilities in Ireland;
• Irish Council for Social Housing;
• Not for Profit Business Association;
• Community and Voluntary Pillar;
• Irish Congress of Trade Unions;
• Former Assistant County Manager, Cork;
• Chair Macroom Senior Citizens Housing Development Ltd.;
• Association of Occupational Therapists Ireland.
- Local Authorities and Social Inclusion Units
Deputy David Stanton (FG): asked the Minister for the Environment, Heritage and Local Government the number of local authorities which have new social inclusion units to enhance customer service to people with disabilities; if the 50% target by the end of 2008 as laid out in his Department’s Disability Act Sectoral Plan will be reached and will be met;
Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In July 2007 I announced the extension of the social inclusion unit programme to nine more local authorities in line with a commitment in Towards 2016. This brings the total number of units to seventeen and has been accomplished well in advance of the deadline of the end of 2008. The successful local authorities were selected following an objective assessment process which was overseen by an Inter-Departmental Steering Group.
- Review of the Code of Practice for Employment of People with Disabilities in Local Authorities
Deputy David Stanton (FG): asked the Minister for the Environment, Heritage and Local Government if the review of the Code of Practice for Employment of People with Disabilities 1999 in the local authority service has been completed as per the target in his Department’s Disability Act Sectoral Plan;
Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The review of the Code of Practice for Employment of People with Disabilities 1999 in thelocal authority service is underway and I expect it to be finalised shortly.
- Local Authority Accessibility Audits
Deputy David Stanton (FG): asked the Minister for the Environment, Heritage and Local Government if all bodies under the aegis of his Department are on target to complete accessibility audits and implementation plans, in relation to the delivery of services to and accessibility for people with disabilities, by the end of 2008;
Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In line with the Sectoral Plan under the Disability Act 2005, local authorities are required to carry out an audit of all roads and streets, pavements and pedestrian crossings, public buildings, public parks, amenities and open spaces, heritage sites, public libraries and harbours within their control to identify what remedial action is necessary to make these buildings and facilities accessible to people with disabilities. Local authorities are further required to draw up an implementation plan setting out a programme of works within specific timeframes to address the deficits identified in the audit. The Plan requires local authorities to prioritise those buildings in their areas which are most frequented by members of the public as well as accessible public footpaths, streets and crossings in urban areas. In drawing up their plans authorities must have regard to funding and staffing resources available to them for implementation and must consult with organisations representing people with disabilities both in the compilation of the audit and drawing up of the implementation plan. Local authorities are required to publish their plans and forward a copy to the Department. To date, 32 implementation plans have been received in the Department. Two more local authorities have yet to submit implementation plans.
- Staffing Levels in Special Schools
Deputy Richard Bruton (FG): asked the Minister for Education and Science if his recent proposals for education in 2009 have any impact on the staffing levels or funding going to special schools;
Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to advise the Deputy that the recent budgetary announcements do not affect the criteria used for the allocation of additional teaching and care resources in Special Schools. Capitation funding for Special Schools has also been increased bringing the top rate up to almost €1,000 per pupil. I am particularly pleased that, in order to strengthen and enhance services, and continue the preparation for the full implementation of the EPSEN Act at a later date, the Government has provided €20m in 2009 — €10m for education services and €10m for health services. In my Department this additional funding will provide for an expansion of the NEPS service, so that all schools in the country will be covered by the service, as well as enhancing the capacity of the NCSE to co-ordinate the provision of services to children with special educational needs. In addition, there will be further investment in teacher training in this area. An integrated approach is being adopted by the education and health sectors to target these additional resources to the areas of greatest need. Progress in both sectors will be kept under review by the Office for Disability & Mental Health and the Cross-Sectoral Team during 2009.
- Further Third Level Initiatives
Deputy Richard Bruton asked the Minister for Education and Science if his attention has been drawn to the initiative within Trinity College, Dublin to develop a third level option for students with a mild intellectual disability; if he plans to undertake an assessment of this initiative with a view to extending it to other colleges;
Minister for Education and Science (Deputy Batt O’Keeffe): I understand that the initiative referred to by the Deputy is the Certificate in Contemporary Living which is delivered by the National Institute for Intellectual Disabilities (NIID) in Trinity College. This is a two-year, full-time programme which commenced in October 2005. The Certificate programme aims to promote the full inclusion of individuals with intellectual disabilities by providing them with the strategic skills to become independent self-reliant adults and to facilitate their lifelong learning. Career development is an integral part of the course. The NIID received funding from my Department under the second cycle of the Strategic Innovation Fund in February 2008 to develop this programme across a number of higher education institutions. The development of the programme in collaborating institutions will involve institutional visits and mentoring of the institutions staff from staff associated with the established TCD programme. This will ensure that the project is consistently monitored to ensure best practice in the field. UCC is the first collaborating institution and it will pilot the first module in January 2009, and the programme is expected to commence in the 2009/10 academic year. Other institutions have expressed an interest and it is proposed to commence pilot programmes next year in Dundalk Institute of Technology and Sligo Institute of Technology.
BACK TO MAIN DÁIL DEBATES & QUESTIONS PAGE |