JUNE 25 2008

Dáil Debates

• Order of Business: Capacity Legislation

Parliamentary Questions

• Transfer of Domiciliary Care Allowance to Social and Family Affairs
• Increase in Respite
• Elements of EPSEN Act that are implemented
• National Carers Strategy

DAIL DEBATES

• Order of Business: Capacity Legislation

Deputy Kathleen Lynch: The Taoiseach will be acutely aware of a case earlier this year in regard to an accusation of rape——

An Ceann Comhairle: We cannot go into that.

Deputy Kathleen Lynch: I will get straight to the point.

An Ceann Comhairle: Please do.

Deputy Kathleen Lynch: The case related to a woman with an intellectual disability. The mental capacity Bill is vitally important in this area and it needs to be brought forward as a matter of urgency. I would like to know when it will be before the House?

The Taoiseach: I understand it is hoped to bring the mental capacity Bill to the House later this year.

PARLIAMENTARY QUESTIONS

• Transfer of Domiciliary Care Allowance to Social and Family Affairs

Deputy Jimmy Deenihan (FG): asked the Minister for Social and Family Affairs the position regarding the transfer of the domiciliary care allowance scheme and other disability-related income maintenance schemes to her Department; the measures in place to ensure that the recipients of same scheme are updated on the transfer of the scheme to her Department;

Minister for Social and Family Affairs (Deputy Mary Hanafin): This transfer arises from a Government decision to reallocate certain functions to the Department from the Health Sector. It involves the transfer of Domiciliary Care Allowance, the associated Respite Care Grant, Blind Welfare Allowance, Infectious Diseases Maintenance Allowance and Mobility Allowance. Legislation contained in the Social Welfare and Pensions Act 2008 provides for the transfer of Domiciliary Care Allowance, Respite Care Grant and Blind Welfare Allowance. This legislation will come into effect in 2009 by commencement order when all other arrangements have been put in place. In the case of Infectious Diseases Maintenance Allowance there are only 15 people currently in receipt of this allowance. It is proposed to transfer these recipients to another more appropriate income support payment at an equivalent rate of payment, and to discontinue the allowance. The transfer of Mobility Allowance will be considered in detail at a later stage. A detailed project plan is in place and significant progress is being made to ensure that the transfer of these payments runs smoothly as possible and without any disruption in service to recipients of these payments. As part of the transfer programme a communication and consultation strategy has been devised by the Department and the HSE. This strategy commits to ongoing dialogue with all stakeholders associated with the transfer programme. A primary focus of the communications strategy must necessarily be directed towards service users and recipients of the system. The Department is also acutely aware of the importance of engaging in consultation with representative organisations. In this regard, regular updates are given to the Department’s Disability Consultative Forum which is attended by a range of organisations representing people with disabilities. They are quite supportive of the transfer proposal and the approach being taken. The specific communication measures to occur in advance of the transfer include:

• Mailshots will be issued both by the HSE and the Department to existing recipients of these payments advising them fully on the transfer arrangements and about details of their individual payments.Fact sheets outlining the principal features of the transfer will be distributed to a wide range of information providers.Ongoing consultation with disability and carers representative organisations will occur.
• A comprehensive national media campaign will also be put in place to supplement the information programme.

• National Carers Strategy

Deputy Paul Kehoe (FG):asked the Minister for Social and Family Affairs when the national carers strategy will be published;

Deputy Joan Burton (L): asked the Minister for Social and Family Affairs when she expects to publish a national carers strategy.

Minister for Social and Family Affairs (Deputy Mary Hanafin): The development of a National Carers’ Strategy is a key Government commitment in both the national partnership agreement “Towards 2016” and the Programme for Government. A working group, chaired by the Department of An Taoiseach, is working on developing the strategy. The Department of Social and Family Affairs provides the secretariat to the working group which also includes representatives of the Departments of Finance, Health and Children and Enterprise, Trade and Employment as well as FÁS and the Health Service Executive. To date, the working group has met on four occasions, in February, March, April and June 2008. Developing the strategy involves consultation with other government departments and bodies not represented on the working group. The Department of Social and Family Affairs, on behalf of the working group, has met with a wide range of organisations including the Equality Authority, Combat Poverty Agency, Citizen’s Information Board, the National Council on Ageing and Older People, the Office of the Revenue Commissioners, the Department of the Environment, Heritage and Local Government and the National Disability Authority. A request for submissions from the public was published in regional newspapers in early March. The closing date for submissions was Friday 18 April 2008. There was a good response from individuals and organisations and the submissions received are currently being examined. “Towards 2016” commits the Department to hosting an annual consultation meeting of carer representative groups and relevant government departments and agencies. Such a meeting was held on 23 January 2008. Representatives of 12 groups and 9 departments and agencies attended. The theme was the National Carers’ Strategy and groups were given an opportunity to comment on the draft terms of reference and to raise other issues considered relevant in the context of the strategy. It is intended to hold a second meeting with carer groups. The commitment to the development of a National Carers’ Strategy also includes a commitment to appropriate consultation with the social partners. The first of two consultation meetings with the social partners was held on 8 May 2008. Key issues raised were recognition for carers and their work, access to suitable health services, income support, training, gender issues and balancing employment and care. It is intended to publish the strategy later this year.

• Increase in Respite

Deputy Ciarán Cuffe (G): asked the Minister for Health and Children the plans she has to increase the amount of respite care for people with intellectual disabilities;

Minister of State at the Department of Health and Children (Deputy John Moloney): The 2008 Service Plan, developed by the HSE and approved by my Department, included €50m for the development of additional disability services. The standard expenditure sanction issued to the HSE for 2008 stipulated that the prior approval of my Department and the Department of Finance would be required in the event of any proposal to spend this money for any other purpose. Clearly, it is essential that the HSE lives within its overall budget for the year. It needs to manage its activity levels and cost drivers appropriately to achieve this and I do not believe it is desirable to resort to using development funding to offset expenditure pressures arising in respect of ongoing health services. The HSE is currently reviewing its overall financial position for the year and the roll-out of planned developments in disability services is being considered in that context. I have been in communication with the HSE with a view to an early determination on the matter. The HSE has informed my Department that it plans to release €20m of the €50m additional funding for Disability Services. The Deputy’s special question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

• Elements of EPSEN Act that are implemented

Deputy Joe McHugh (FG): asked the Minister for Education and Science the elements of the special needs disability Act 2004 that have been enacted; the elements of the Act that are outstanding;

Minister for Education and Science (Deputy Batt O’Keeffe): I assume the Deputy is referring to the Education for Persons with Special Educational Needs (EPSEN) Act, 2004. A number of sections of the EPSEN Act, 2004 have been commenced, principally those establishing the National Council for Special Education (NCSE) and those promoting an inclusive approach to the education of children with special needs. Specifically, the following sections have been commenced: 1, 2, 14(1)(a), 14(1)(c), 14(2) to 14(4), 19 to 37, 40 to 53. In addition, the Special Education Appeals Board (SEAB) was established in April 2007, under section 36 of the EPSEN Act 2004, to hear and determine appeals pursuant to a number of sections of the Act. My Department is now at an advanced stage in finalising proposals to facilitate implementation of the remaining sections, including the provisions in respect of assessment and individual education plans (IEP). The time taken to finalise proposals reflects the complexities involved, the need for consultation across the wide range of people and sectors involved, the need to align with the requirements of the Disability Act, 2005 and define how the Health Service Executive (HSE) and NCSE will work together under both acts. My Department’s priority is to ensure that the necessary training, guidance and supports are in place to facilitate the commencement of the remaining sections of the Act. It must also be acknowledged that, during this necessary period of preparation and planning for the roll-out of the EPSEN Act, my Department continues to expand capacity and services for students with special educational needs across the schools network through the work of the National Council for Special Education.

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