20 September 2011

Parliamentary Questions

• Access and Equality Officers in local authorities
• National Disability Strategy Stakeholders Monitoring Group
• If SNA posts held in reserve are filled
• If a junior infant pupil can be assessed for SNA support for one year
• Irish language exemption for children with Aspergers
• Extend the remit of the Children’s Ombudsman to enable that office to examine the work of the National Council for Special Education

PARLIAMENTARY QUESTIONS  

• Access and Equality Officers in local authorities

Deputy Simon Harris (FG): asked the Minister for the Environment, Community and Local Government if his attention has been drawn to a situation regarding the impact of the public sector recruitment moratorium on the provision of access and equality officers within local authorities; if he finds it acceptable that these positions, which are required under the Disability Act, are being carried out by officials with other duties; if he believes that it is best appropriate for access and equality officer roles to be independent positions within local authorities;

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The embargo on the filling of posts in local authorities was introduced on 24 March 2009 following a Government decision to implement savings measures across the wider public service. My Department received a delegated sanction from the Department of Finance in August 2009 for implementation of this general moratorium on the filling of public sector posts across all local authorities. This is on condition that the overall staffing levels in the sector are reduced by the end of 2013. In this regard, local authorities have reduced numbers, in terms of whole time equivalent staff, by approximately 6,500 since June 2008. The work carried out by departing staff has been absorbed by remaining staff delivering very significant savings in terms of sustainable remuneration costs.Under section 159 of the Local Government Act 2001, each County and City Manager is responsible for staffing and organisational arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible. In this regard, it is a matter for County and City managers, in the first instance, to ensure that the reduction in staff numbers is managed so that the appropriate service level is maintained. Where vacancies arise, local authorities must consider all options for reorganisation and reallocation of work to meet requirements. Any exceptions to this principle, which will arise in very limited circumstances, require sanction from this Department. All staffing sanction requests are examined on a case by case basis having due regard to the continued delivery of key services and the need to further reduce overall staffing levels in the local authority sector. In this regard, local authorities have an employment control framework numbers ceiling of 30,000 whole time equivalents for the end of 2013. In June 2011, total local authority staff numbers were approximately 30,900. My Department works closely with local authorities to ensure key posts are filled. In this regard, the majority of the sanctions granted are for the filling of posts in front line service areas such as water services, roads maintenance, housing, community and enterprise, fire and emergency services and in relation to capital projects. In view of the financial position facing local authorities and the country as a whole, my Department and local authorities will continue to make every effort to ensure that further efficiencies and savings are attained by the sector while an appropriate level of service to the public is maintained. In this context, while local authorities must comply with statutory obligations, including those outlined in the Disability Act 2005, all options for reorganisation and reallocation of work to meet the statutory requirements must be made. 

• National Disability Strategy Stakeholders Monitoring Group

Deputy Micheál Martin (FF): asked the Minister for Justice and Equality the discussions he has had with, or instructions he has issued to, the officials of the Department of An Taoiseach who serve as a nominee chairing the National Disability Strategy Stakeholders Monitoring Group and the Senior Officials Group on Disability; Minister of State at the Department of Justice and Equality (Deputy Kathleen Lynch): The Programme for Government commits to publishing, following wide consultation, a realistic implementation plan for the National Disability Strategy, including sectoral plans with achievable timescales and targets within available resources and ensuring whole-of-government involvement and monitoring of the Strategy, in partnership with the disability sector. As the Minister responsible for Disability, in line with this commitment, and given that the strategy was launched in 2004, I have been assessing the monitoring and implementation structures for the strategy, including the National Disability Strategy Stakeholder Monitoring Group and the Senior Officials Group on Disability. This has necessitated consultation by my officials and myself with key organisations involved, including the Department of the Taoiseach, with which there has also been consultation in respect of discussion of the issue at both the Senior Officials Group and the Cabinet Committee on Social Policy. 

• If SNA posts held in reserve are filled

Deputy Robert Dowds (L): asked the Minister for Education and Skills  if the special needs assistant posts he held in reserve are now being filled; and if SNAs who have been made redundant are eligible to apply for these posts.

Minister for Education and Skills (Deputy Ruairí Quinn):  Having considered all of the applications for SNA support which have been received from mainstream primary and post primary schools, the National Council for Special Education (NCSE) has now advised all mainstream schools of their SNA allocations for the 2011/12 school year, taking into account the number of valid applications for SNA support and the assessed care needs of the children concerned. In relation to special schools, the existing levels of SNA support in special schools has been maintained in the first instance, in order to assist and protect the most vulnerable children, with a review to take place in the first term of the school year. SNA provision in special schools is currently being reviewed. As not all applications for SNA support can be made in advance of the school year, in order to prudently manage this valuable but limited resource, the NCSE and my Department decided that 475 of the 10,575 posts should be retained in order to allocate them over the coming school year in cases such as emergency, appeals, acquired injuries or new school entrants with special needs care. The NCSE will now begin the process of allocating these 475 posts in the coming period in a measured and prioritised manner taking account of the existing levels of SNA support already available in the schools. Accordingly, it is expected that schools, before requesting any review of their SNA provision, will be in a position to demonstrate that they have made every effort to manage their allocation of SNA posts to best effect.

• If a junior infant pupil can be assessed for SNA support for one year

Deputy Robert Dowds (L): asked the Minister for Education and Skills if it is the case that a junior infant cannot be assessed for special needs assistant support for one year; and his views on allowing such assessment to be made after one term in 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 to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. This now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts. The NCSE issued a circular to all schools earlier this year advising of the allocation process for the 2011/2012 school year. A key feature of the amended scheme is to provide for an annual allocation of Special Needs Assistant support to eligible schools. This circular also set out that in the case of new applications for SNA support, where the professional report has identified the care needs as being related specifically to behaviour, including such applications for junior infants, in general it will not be possible to consider access to SNA support until the school has set out the specific strategies that have been employed and that have been implemented to minimise the pupil’s difficulties and to promote more adaptive behaviours. In instances where applications have been made for SNA support for junior infants, for care needs such as medical or toileting needs, as opposed to for behavioural reasons, access to SNA support has been allocated for such qualifying infants. Whereas there is no prescriptive timeframe before which a review may take place, it will be expected that schools, before requesting any such review, will be in a position to demonstrate that they have made every effort to manage pupil behaviour and also to manage any SNA allocation that has already been made to their school to best effect,

• Irish language exemption for children with Aspergers

Deputy Simon Harris (FG): asked the Minister for Education and Skills his views on examining the criteria for an Irish language exemption in primary and secondary schools to include consideration of children with diagnoses of Asperger’s syndrome;

Minister for Education and Skills (Deputy Ruairí Quinn):  In recent years, my Department has given some consideration to consolidating and updating the departmental circulars which deal with exemptions from the study of Irish in recognised primary (12/96) and post-primary schools (M10/94). All aspects of the current arrangements are under consideration including issues in respect of students with special educational needs. The intention is to consider the matter on a comprehensive basis rather than isolate any one aspect of the existing arrangements. Therefore a revised circular is unlikely to issue until consideration is complete including consideration of students with special educational needs. 

• Extend the remit of the Children’s Ombudsman to enable that office to examine the work of the National Council for Special Education

Deputy Simon Harris (FG): asked the Minister for Children and Youth Affairs if she will extend the remit of the Children’s Ombudsman to enable that office to examine the work of the National Council for Special Education;

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald):  I am aware of the matter raised by the Deputy. The Office of the Ombudsman for Children has been in contact with the Department of Children and Youth Affairs. I am expecting further contact before the end of year from the Ombudsman’s office in relation to their remit. While responsibility for the amendment of legislation in relation to the Ombudsman for Children rests with the Department of Children and Youth Affairs responsibility for the National Council for Special Education rests with the Department of Education and Skills.

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