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Dáil Debates & Questions
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18 January 2011 Dáil Debates Parliamentary Questions
DÁIL DEBATES Deputy Caoimhghín Ó Caoláin (SF): Among the commitments in the programme for Government is a commitment that the Government will proceed with the proposal to hold a constitutional referendum on children’s rights. I have had the opportunity to meet the Minister of State with responsibility for children, Deputy Barry Andrews, and I do not intend to go into the details of that. It is not what this question is about. Given that we had all-party consensus and that we now have the Government’s own proposed wording, is it the intention of the Taoiseach and the Government to hold a referendum on this new wording? Will the referendum be held in conjunction with the general election? Has the Taoiseach given his blessing to Deputy Barry Andrews’s stated intent to have that referendum in the course of the Government’s remaining time? If so, when will the referendum Bill be published? On a separate matter, the last time we addressed the programme for Government in the Dáil, which was prior to the 2011 Budget Statement, I pointed out that, on education, the programme says, “Those with special needs will be safeguarded”. I asked the Taoiseach at that time if he would rule out any further cuts to special needs assistance and other supports and if he would keep to the commitment contained in the programme for Government to, “continue to develop therapy services for children with special needs attending mainstream schools”. I am sure Deputies of all political interests in the House know that, following a directive issued in December, special educational needs organisers, SENOs, are no longer in a position to appoint new special needs assistants, SNAs. In fact, the only power remaining to them is to cease SNA support for a specific child in need of special needs assistance in the classroom. Given the commitment in the programme for Government, the Taoiseach’s own response before the 2011 budget and the fact that children who are, by SENO assessment, in need of special support are not getting it, will the Taoiseach, in the weeks remaining to him, ensure that this draconian diminution of support is reversed, in the interest of children who need this special intervention at a critical stage of their educational development? The Taoiseach (Brian Cowen TD): As for the first matter, I indicated late last year that much advanced, detailed and good work has been done regarding a proposed wording for the children’s referendum. As the Deputy noted, this was brought to the attention of the Cabinet and approval was given for the Minister of State, Deputy Barry Andrews, to speak to spokespersons from other parties in the House and then to proceed to publish a wording, subject to those discussions or on the basis of having those discussions at the same time or listening to what people have to say and getting their views on it. This issue has been raised constantly in this Chamber and much work has gone into it. I believe it to be a good body of work and those who have had the opportunity to study it regard it as such.The question of when it will be taken is a matter yet for decision, consistent with the requirements for the holding of referendums. Consequently, no decision has been taken as yet for the holding of a referendum. However, I believe the work that has been done to date should be brought into the public domain and discussed with Opposition Members and the Government will make a decision. While the Government obviously will reserve its right to make a decision, it wishes to hear the views of others and this is the process in which the Minister of State is engaged at present.In respect of the second matter, as the Deputy is aware all the budgets have been allocated for this year. Moreover, he is aware that we are in a tight situation with regard to expenditure and the expenditure ceilings must be respected. The Government has made every effort in the course of pre-budgetary discussions over many Cabinet meetings to protect to the greatest possible extent those in our society who are most vulnerable. The Government is very proud of the record it has achieved on the disability issue over many years and there has been a transformation in the last five to ten years in the provision of funding, structures, resources and personnel. There now are thousands of the special needs assistants mentioned by the Deputy whereas ten years ago, they numbered in the hundreds. Again, it is a question of being obliged to work within budgets. Although it is not possible to change that, it also is important that the SNA system both works with the best possible efficiency and meets the needs of those who require it. A very good job is being done, in the circumstances, in that regard. I simply contend that the allocation of resources has been made. It will be a continuing priority for the Government to seek to protect to the greatest possible extent those who are most vulnerable in our society. We must ensure this is achieved to the greatest possible extent. This task will be ongoing during the course of this financial year but it certainly is a sentiment that has been expressed by the Government to the agencies concerned.Deputy Caoimhghín Ó Caoláin: In respect of the first matter, given that the Taoiseach has indicated that the Government has not yet made a decision, does he believe that within what presumably is a period of weeks that remains, there is a sufficient timeframe to accommodate the publication of the referendum Bill, the presumable appointment of a referendum commission and all the other elements, including the finance, to underpin a referendum campaign? Is this feasible or doable within the time that remains?On the second matter regarding children in need of special needs assistance, particular cases have been brought to my attention in which the individual child is regarded as being, in the phrase used by the special educational needs organiser, SENO, involved, of the highest priority. However, there is not at present within the gift of the SENO the opportunity to appoint a special needs assistant as the aforementioned child undoubtedly requires. The situation is highly serious and I again use the opportunity, in the limited time that is open to me, to ask the Taoiseach to revisit this particular area because children will lose the chance to avail of essential supports in preparing for their current and future education prospects.Finally, what of the section in the programme for Government entitled, Protecting the Family Home? I note that repossession orders have increased from 109 in 2007 to 311 in 2010. An Ceann Comhairle: Deputy, we really must move on. PARLIAMENTARY QUESTIONS Deputy Denis Naughten (FG): asked the Minister for Health and Children the estimated cost of inspecting disability residential centres and other disability services; Minister of State at the Department of Health and Children (Deputy John Moloney): I propose to take Questions Nos. 205 and 206 together.As the Deputy will be aware, the Health Act 2007 makes provision for the introduction inter alia of a mandatory scheme of registration and inspection of residential settings for people with disabilities and envisages a role for the Health Information and Quality Authority (HIQA) in this regard. In 2009, the cost of introducing such a scheme was estimated to be in the region of €7 million to €9 million.National Quality Standards: Residential Settings for People with Disabilities have been published by HIQA and are under consideration by the Minister for Health and Children. These standards will provide a national framework for quality, safe services for adults with disabilities in residential settings. Given current fiscal constraints a move to full regulation and inspection of this sector presents significant challenges. In this context, the Department, the HSE and HIQA agreed that progressive implementation of the standards should commence on an administrative basis and become the benchmark against which the HSE assesses both its own directly operated facilities and other facilities that it funds.Residential care services for older people have been subject to mandatory registration and inspection by HIQA since 1 July 2009. In 2010 the Department of Health and Children engaged in useful preliminary discussions with HIQA in relation to the possible extension of this model of registration and inspection to designated centres for people with disabilities and the resource implications of same. Given the complex nature of residential service provision for people with disabilities — ranging from congregated settings to dispersed housing in the community — further consideration is being given by my Department to the most appropriate models of registration and inspection and this work is ongoing.With regard to these and all other HSE funded disability services, currently service providers are required, as part of their service level arrangements, to have systems in place to assess quality and standards and to specify the actions being taken to maintain and monitor quality and service standards. Examples of such monitoring actions could include audit tools appropriate to the service, service user evaluations and satisfaction surveys, and carer and service evaluations. Deputy Aengus Ó Snodaigh (SF): asked the Minister for Social Protection the average and longest waiting times for a decision on applications for domiciliary care allowance and the average and longest waiting times for the conclusion of appeals against the refusal of domiciliary care allowance; the number and percentage of applications for domiciliary care allowance that were refused at the initial stage each year for the past five years; the total number of applications for domiciliary care allowance each year for the past five years; the number and percentage of refusals of domiciliary care allowance that were appealed each year for the past five years; if he will provide a breakdown of the outcome of appeals against the refusal of domiciliary care allowance including the percentage of appeals that were successful each year for the past five years; the guidelines governing decision making on domiciliary care allowance and when were these amended. Minister for Social Protection (Deputy Éamon Ó Cuív): Since the 1st April 2009 this Department has been accepting new claims for domiciliary care allowance (DCA). Statistics relating to the period prior to April 2009 are not held by this Department as the scheme was the responsibility of the Health Service Executive (HSE) until that date. The main change to the qualifying conditions for the DCA scheme, since it transferred to this Department in 2009, is that it is now a statutory scheme with the primary legislation provided for in the Social Welfare and Pensions Act 2008. The medical criteria require that “the child has a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age”. As there were no agreed national medical guidelines for the scheme while it was administered by the HSE, an Expert Medical Group was established, in advance of the transfer to this Department. The Group considered that the most appropriate way for the Department to conduct assessments for medical eligibility was by assessing evidence submitted by the claimant and the health professionals, rather than by way of individual examination by the Department’s Medical Assessors, as they are not involved in the treatment of the child. The application process operated by the Department involves the submission of a detailed statement by the parent or guardian of the child; a detailed medical assessment by the child’s general practitioner; and any other relevant evidence available from qualified experts who have examined the child. This evidence is then assessed by designated Departmental Medical Assessors who have received special training in the area of child disability. Claim processing statistics for 2009. In the period 1st April 2009 to 31st December 2009 a total of 3,389 DCA applications were received by the Department. 2,823 DCA applications were fully processed by the Departments in 2009 of which 1,792 were deemed not to satisfy the criteria for the scheme. The refusal percentage on new applications in 2009 was 63%. The average processing time in 2009 was 7 weeks. There were 836 appeals registered in 2009 with 46% of customers appealing their decision. There were 11 DCA appeals processed by an Appeals Officer in this year with 6 appeals allowed, a 54% success rate. Claim processing statistics for 2010. In 2010 a total of 5,457 DCA applications were received by the Department. 5,333 DCA applications were processed by the Department in 2010 of which 3,275 were deemed not to satisfy the criteria for the scheme. The refusal percentage on new applications in 2010 was 61%. Average processing time in 2010 was under 8 weeks.1,848 appeals were registered in 2010 with 56% of customers appealing their decision. 622 DCA appeals were processed by an Appeals Officer in 2010 with 224 appeals allowed; this indicates an appeal success rate of 36%.DCA decision times generally do not exceed 8-9 weeks unless the customer is waiting for medical reports to append to their application or documentary proof to satisfy the Habitual Residence Condition. Social Welfare appeals can be dealt with in the Social Welfare Appeals Office by way of summary decision or oral hearing. The average time taken to process DCA appeals decided by summary decision to date is 13.3 weeks, with appeals decided following an oral hearing taking an average of 49.1 weeks. A considerable period of time is added to the process when an oral hearing is required because of the logistics involved in this process.A number of measures have been taken to improve processes and to increase the throughput of appeals cases generally in the Social Welfare Appeals Office. In addition to the provision of extra staff, more emphasis is now being placed on dealing with appeals on a summary basis so as to increase productivity. A project to improve the business processes in the Social Welfare Appeals Office was also undertaken which has resulted in a number of improvements being implemented and significant enhancements have been made to the office’s IT and phone systems.I am assured by the Chief Appeals Officer that she is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals, while ensuring that any progress does not conflict with due process in terms of the rights of appellants and adherence to the requirements of natural justice. Deputy Finian McGrath (I): asked the Minister for the Environment, Heritage and Local Government the position regarding housing options (details supplied). Minister of State at the Department of the Environment; Heritage and Local Government (Deputy Michael Finneran): It is a matter for individual housing authorities to assess the specific social housing needs and priorities in their areas, including those for adults with a physical or intellectual disability, and to identify a range of housing options to meet such needs. In line with the Government’s housing policy statement, Delivering Homes, Sustaining Communities, the development of a national housing strategy for people with a disability is underway and is expected to be finalised early in 2011. The overarching aim of the strategy is to facilitate access for people with disabilities to an appropriate range of housing and related support services, delivered in an integrated and sustainable manner which promotes equality of opportunity, individual choice and independent living. The strategy will, inter alia, address the specific housing needs of people with physical and intellectual disabilities.Progress has also been made on the development of a suite of protocols to provide a strategic framework for inter-agency co-operation between housing authorities and the Health Service Executive in relation to the delivery of services for people with disabilities. A protocol governing the coordination of capital and revenue funding for projects provided by approved housing bodies and the individual housing needs of people with a mental health disability has been completed and is expected to be implemented shortly. A final protocol in relation to the strategic assessment of the housing needs of people with a disability will be developed during 2011.In addition to standard social housing options by way of local authority lettings, the rental accommodation scheme and the social leasing initiative, a wide range of supports is also provided to meet the specific accommodation needs of people with a disability. These include a range of measures under the suite of Housing Adaptation Grant Schemes for Older People and People with a Disability, adaptation works to local authority houses and up to 100% grants to support the provision of specific accommodation by voluntary housing bodies. Notwithstanding the more constrained fiscal environment, meeting the housing needs of the most vulnerable sections of society, including persons with a disability, will continue to be prioritised by Government. Deputy Willie O’Dea (FF): asked the Tánaiste and Minister for Education and Skills if her attention has been drawn to the fact that the National Council for Special Education has accepted that an extra special class should be provided for a school (details supplied) in County Limerick; if her further attention has been drawn to the fact that an additional teacher has been agreed for the school, however, despite the case for an extra class being accepted and an extra teacher agreed, it will be impossible to provide the extra class due to the fact that no special needs assistants are to be allocated for that class; her views on whether this is logical, fair or equitable in view of the fact that there are five pupils involved and that each would be entitled as a right to an SNA were they to attend mainstream schools and that only two extra SNAs would be required to enable the extra class to be established; Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): As the Deputy will be aware, the National Council for Special Education (NCSE) is an independent agency with responsibility for determining the appropriate staffing levels in relation to the support of pupils with special educational needs in all mainstream and special schools. This includes determining the level of Special Needs Assistant (SNA) support in schools. The NCSE operates within my Department’s criteria in allocating such support. The NCSE has advised my Department that they are satisfied that there are sufficient SNA resources at present in the school concerned, which would allow them to cater for all of the children in the school, including those in the proposed new special class. Deputy David Stanton (FG): asked the Tánaiste and Minister for Education and Skills the number of children currently enrolled in autism spectrum disorder special schools and the average unit cost per child per annum to the State in special schools; Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): My Department is committed to ensuring that all children including those with special needs can have access to an education appropriate to their needs. This facilitates access to individualised education programmes, fully qualified professional teachers, special needs assistants and the appropriate school curriculum with the option, in line with each child’s ability, of full/partial integration and interaction with other pupils. The cost of provision derives from a combination of factors and my Department focuses on delivering supports to schools to enable the schools provide an appropriate education to all children enrolled. The level of teacher posts, special needs assistant posts etc varies in line with the type of special educational need supported in each school. Different rates of capitation funding apply. Transport costs may vary depending on the location of the school. Other contributing factors would include the cost of continuous professional development or new school buildings and so on. Accordingly, it is not possible to calculate a single per unit cost that reflects the level of investment in special schools generally. However, in general, over €1 billion was allocated in supporting special educational provision last year. There are now in excess of 20,000 adults in our schools working solely with pupils with special needs. This includes over 10,000 special needs assistants; over 9,000 resource and learning support teachers employed in mainstream schools; over 500 teachers in special classes and over 1,100 special school teachers. I have arranged for officials in my Department to forward directly to the Deputy the number of children currently enrolled in special schools for children with autism.
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Inclusion
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