22 March 2011

Parliamentary Questions

• Cap on special needs assistants
• Spouses and community employment scheme
• Records kept on asylum seekers with disabilities
• Powers to Ministers of State at Dept. Health
• Ratify Convention on Rights of Persons with Disabilities
• Ministerial Responsibilities at Dept. Community, Equality & Gaeltacht Affairs
• Free pre-school year

PARLIAMENTARY QUESTIONS

• Cap on special needs assistants

Deputy Finian McGrath (I): asked the Minister for Education and Skills if he will support the need for special needs assistants and to provide all children with a disability the maximum support in 2011 especially with their educational needs; if he will end the cap on special needs assistants and if he will provide all children with a disability the maximum support in 2011.

Minister for Education and Skills (Deputy Ruairí Quinn): The Programme for Government clearly states that education will be a priority for this Government and that we will endeavour to protect and enhance the educational experience of children, young people and students. To that end, we will endeavour to protect frontline services in education. However, the fiscal position is difficult and it is necessary to ensure that educational services are delivered within the resources available. I intend to prioritise and support special educational services. However, I do not intend to re-visit the previous Government’s decision to place a cap on the number of whole time equivalent Special Needs Assistant (SNA) posts in schools. This number is 10,575 whole time equivalent (WTE) posts. To put this number in context, there were 10,543 wte posts in place at the end of 2010, 10,342 at end 2009; 10,442 at end 2008 and 9,824 at end 2007. In addition, there are some 60 child care workers in schools. It is considered that with equitable and careful management and distribution of these resources that there should be sufficient posts to provide access to SNA support for all children who require such care support to attend school, in accordance with Departmental criteria. 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. My Department and I will be glad to consider any suggestions from school management or parent representative organisations as to how the allocation of SNA resources can best be managed within the context of the overall limit on SNA numbers established. In this regard I am committed to making whatever improvements are possible to the resource allocation system. The NCSE has issued a circular to all schools advising of the allocation process for the 2011/2012 school year. A key feature of the amended scheme will be to provide for an annual allocation of Special Needs Assistant support to eligible schools.

• Spouses and community employment scheme

Deputy Aengus Ó Snodaigh (SF): asked the Minister for Social Protection the reason spouses of those who receive disability allowance who are not in receipt of a payment in their own right cannot avail of community employment places as is the case for all other social welfare payment recipients whose spouse can avail of the offer of a community employment scheme placement; if this is discriminatory; and her views on same.

Minister for Social Protection (Deputy Joan Burton): An unemployed person who qualifies for the Community Employment (CE) programme under dependant Allowance, Jobseekers  Benefit or Farm Assist but who does not wish to join CE, may be able to transfer eligibility tohis/her spouse. In this regard, qualified adult dependants of eligible persons aged 25 and over,may avail of the Spousal Swap option. This involves the person and their dependant exchangingplaces, the dependant inheriting the age and entitlements of the eligible person, and ensuringthat no losses are incurred in their relative entitlements as a result of this exchange.As the eligibility criteria for Community Employment are currently implemented, the positionfor Spousal Swaps for those in receipt of Jobseekers Allowance, Jobseekers Benefit orFarm Assist differ from Disability Allowance given the intrinsic link between the disabilitypayments and the claimant. It is also unlikely that any financial advantage would result to aclaimant in receipt of Disability Allowance as the earnings disregard would not be applied totheir spouse’s income given that the rehabilitative nature of the employment can only apply tothe claimant.

• Records kept on asylum seekers with disabilities

Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Law Reform if records are kept of the number of asylum seekers with a disability; the methodology used to identify the presence of a disability and the services available to asylum seekers with a disability.

Minister for Justice and Law Reform (Deputy Alan Shatter): On the question of the methodology used to identify persons with a disability, I am advised by the Office of the Refugee Applications Commissioner (ORAC) that information is sought from asylum applicants when completing their application questionnaire in relation to whether they have a disability or medical condition which is relevant to, or may affect their asylum application, or which would necessitate the provision of special facilities during their asylum interview. They are further queried at interview stage in relation to any issues which may inhibit their ability to engage in the refugee status determination process. In this context the Commissioner has also informed me that a number of personnel from all front line units have received disability awareness training, with the most recent training provided in September 2010. The information requested by the Deputy in relation to the number of asylum seekers with a disability is not readily available as aggregate figures in respect of the questionnaire data are not maintained by the ORAC. All asylum seekers are provided with the same medical services as are available to the general population. Details in relation to the services available to persons with a disability are primarily a matter for the HSE.

• Powers to Ministers of State at Dept. Health

Deputy Billy Kelleher (FF): asked the Minister for Health and Children the specific powers he intends to delegate to Ministers of State in his Department.

Minister for Health and Children (Deputy James Reilly): Ministers of State have been appointed at my Department as follows:

— Ms Roisin Shortall, T.D. has responsibility for Primary Care, and

— Ms Kathleen Lynch, T.D. has responsibility for Disability, Equality and Mental Health (her remit is shared between my Department and the Department of Justice, Equality and Defence). The precise details of the functions that will be encompassed by the above assignments have not yet been finalised but this is being addressed as a priority and the position will be clarified as soon as possible.

• Ratify Convention on Rights of Persons with Disabilities

Deputy Pádraig Mac Lochlainn (SF): asked the Minister for Community, Equality and Gaeltacht Affairs his plans to ratify the convention on the rights of persons with disabilities.

Minister of State at the Department of Community, Equality and Gaeltacht Affairs (Deputy Kathleen Lynch): In line with commitments in the Programme for Government, it is the intentionto ratify the UN Convention on the Rights of Persons with Disabilities as quickly aspossible, taking into account the need to ensure that all necessary legislative and administrativerequirements under the Convention are being met. As the Deputy may be aware, Ireland doesnot tend to become party to treaties until it is first in a position to comply with the obligationsimposed by the treaty in question, including by amending domestic law as necessary.The ongoing implementation of the National Disability Strategy in many respects comprehendsmany of the provisions of the Convention. In addition, the Inter-Departmental Committeeon the UNCRPD monitors the remaining legislative and administrative actions required toenable the State to ratify the Convention. The Committee has developed a programme onwhich work is progressing to address the matters that need to be aligned with the UNCRPD.

• Ministerial Responsibilities at Dept. Community, Equality & Gaeltacht Affairs

Deputy Billy Kelleher  (FF): asked the Minister for Community, Equality and Gaeltacht the specific powers he intends to delegate to Ministers of State in his Department.

Minister for Community, Equality and Gaeltacht Affairs (Deputy Frances Fitzgerald): As the Deputy will be aware, the Taoiseach announced in Dáil Éireann on 9 March 2011 his intention to establish a Department of Children and I was subsequently appointed the Minister for Children and assigned to the Department of Community, Equality and Gaeltacht Affairs as an interim measure. I have been advised that primary legislation is required to establish the new Department of

Children and the Department of Finance is currently liaising with the Office of the Attorney General in relation to this legislation. As no Minister of State will be assigned to the Department of Children, the issue of delegating powers to such a Minister will not arise. The Deputy will also be aware that Ms. Kathleen Lynch, TD, Minister of State with responsibility for Disability, Equality and Mental Health and Mr. Dinny McGinley, TD, Minister of State with responsibility for Gaeltacht Affairs, have been assigned to the Department of Community, Equality and Gaeltacht Affairs. I have been advised that draft Orders transferring Disability, Equality, Mental Health and Gaeltacht functions from the Department of Community,

Equality and Gaeltacht Affairs to other newly reconfigured Departments, are being prepared and that once these functions have been transferred, it will be a matter for the relevant Minister to delegate the functions, as appropriate, to the respective Ministers of State.

• Free pre-school year

Deputy Michael Creed (FG): asked the Minister for Health and Children if he will consider granting greater flexibility to parents and preschool operators with regard to the age criteria at which children are eligible for the free preschool year; the consultations, if any, which he has had with parents or the representatives of preschool operators on this matter;

Minister for Health and Children (Deputy James Reilly): The free Pre-School Year in Early Childhood Care and Education (ECCE) scheme, which was introduced in January 2010, provides for a free pre-school year to eligible children in the year before they commence primary school. Approximately 4,300 pre-school services, 95% of those operating in the State, are participating in the ECCE scheme and 63,000 children, or 94% of the eligible cohort, are availing of the pre-school year. Children qualify for the free pre-school year where they are aged more than 3 years 2 months and less than 4 years 7 months in September of the relevant year. This means that children born between 2 February 2006 and 30 June 2007 were eligible for the free preschool year which commenced in September 2010 and children born between 2 February 2007 and 30 June 2008 will be eligible in September 2011. There is no provision under the scheme to enrol children who are below the qualifying age. The scheme includes a number of provisions to take account of children with special needs. These include an exemption from the upper age limit for qualification under the scheme where a child is developmentally delayed and would benefit from starting primary school at a later age. In addition, children with special needs can apply to have the pre-school year split over two years on a pro-rata basis, for example availing of the scheme for 2 days a week in the first year and for 3 days a week in the second year. The objective of the ECCE scheme is to make early learning in a formal setting available to all children in the year before they commence primary school. Services participating in the preschool year are expected to provide appropriate age related activities and programmes to children within a particular age cohort. It is necessary, therefore, to target the pre-school year at a particular age cohort and to set minimum and maximum limits to the age range within which children participate in the scheme. In setting the minimum and maximum age limits, account was taken of a number of factors, including the variation in school admission policies and the fact that the majority of children commence primary school between the ages of 4 years 6 months and 5 years 6 months.

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