25 May 2011

Parliamentary Questions

• Ratification of UN Convention
• Ratify optional protocol to UN convention on the rights of the Child
• Mental health services for people with intellectual disabilities
• Future of SNAs

PARLIAMENTARY QUESTIONS

• Ratification of UN Convention

Deputy Maureen O’Sullivan (I): asked the Minister for Justice and Equality    when he will ratify the UN convention on the rights of persons with disabilities acknowledging also that we were among the first countries to sign the convention. Minister of State at the Department of Justice and Equality (Deputy Kathleen Lynch):  Ireland was in the first group of countries to sign, subject to ratification, the UN Convention on the Rights of People with Disabilities when it opened for signature on 30 March 2007. It is the Government’s intention to ratify the Convention as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are being met. Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by the treaty in question, including by amending domestic law as necessary. The ongoing implementation of our National Disability Strategy in many respects comprehends many of the provisions of the Convention. In addition, the Inter-Departmental Committee on the UNCRPD monitors the remaining legislative and administrative actions required to enable the State to ratify the Convention. The Committee has developed a programme on which work is progressing to address the matters that need to be aligned with the UNCRPD. One of the key requirements in this regard is the enactment of mental capacity legislation. The Government’s Legislation Programme announced on 5 April 2011 indicates that the Mental Capacity Bill is expected to be published in late 2011. The Bill will replace the Wards of Court system with a modern statutory framework governing decision-making on behalf of adults who lack capacity. The passage of this Bill will add substantially to the overall progress on implementation of the requirements towards ratification of the Convention. 

• Ratify optional protocol to UN convention on the rights of the Child

Deputy Caoimhghín Ó Caoláin (SF): asked the Minister for Justice and Equality    if he will ratify the second optional protocol to the UN Convention on the Rights of the Child;

Minister for Justice and Equality (Deputy Alan Shatter):  The optional protocol referred to by the Deputy concerns the sale of children, child prostitution and child pornography. The Criminal Law (Human Trafficking) Act 2008 criminalised the sale of persons, including children, for any purpose. Also, I understand from the Department of Health and Children that the Adoption Act 2010 meets the requirements of the optional protocol. Legislative proposals to enhance the protection of children against sexual abuse and exploitation, including exploitation through prostitution and child pornography, are at an advanced stage of preparation in my Department. These measures will facilitate full compliance with the criminal law provisions of a number of international legal instruments, including outstanding requirements in the optional protocol. I expect to bring these legislative proposals to Government in the coming months. 

• Mental health services for people with intellectual disabilities

Deputy Aengus Ó Snodaigh (SF): asked the Minister for Health and Children   if he will outline the specialist mental health services that exist to cater for older persons and persons with intellectual disabilities; his plans to increase and develop the provision of same;

Minister of State at the Department of Health and Children (Deputy Kathleen Lynch): This Government is committed to the development of our mental health services in line with A Vision for Change. In this regard the Government will reform our model of healthcare delivery so that more care is delivered in the community; access to modern mental health services in the community will therefore be significantly improved. It is proposed to ringfence €35 million annually from within the health budget to develop community mental health teams and services to ensure early access to more appropriate services for both adults and children. There are currently 41 consultant psychiatrists with a special interest in psychiatry of later life. At this time four areas await the provision of a specialist old age team — Roscommon, Kerry, Kildare and parts of Co. Cork.Executive Clinical Directors are working to reconfigure existing resources to create the full spectrum of Specialist Mental Health Teams. Guided by the recommendations of A Vision for Change the priority is to ensure access to specialist mental health for older persons and to expand the team membership to include all recommended disciplines: Psychiatry, Psychology, Social Work, Occupational Therapy and Nursing. In relation to the mental health needs of individuals with a disability, the HSE continues to disaggregate mental health and learning disability services with specialist service providers creating more appropriate care programmes for individuals with learning disability. For individuals with dual diagnosis who require acute psychiatric care the HSE has developed a strategy in collaboration with voluntary and independent providers and this work is continuing 

• Future of SNAs

Deputy Olivia Mitchell (FG): asked the Minister for Education and Skills his plans in relation to the numbers of special needs assistants working in the Irish education system; if the overall numbers of special needs assistants will be maintained or whether a cap on the numbers will be imposed;

Minister for Education and Skills (Deputy Ruairí Quinn):  I wish to advise the Deputy that 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. The Deputy will be aware that it is necessary to ensure that educational services are delivered within the resources available due to the current fiscal position. I intend to prioritise and support special educational services. However, I cannot re-visit the previous Government’s decision to place a cap on the number of posts available under the Special Needs Assistant (SNA) scheme. This number is 10,575 whole time equivalent (WTE) posts. This is a significant number of posts and unlike other areas of the public sector vacancies are being filled up to this number. It also represents continual increases in the number of SNAs over recent years.It is considered that with equitable and careful management and distribution of these resources 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 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. The NCSE asked schools to submit all applications for SNA support to them by 18th March, 2011 and intend to inform schools of their annual SNA allocation as soon as possible, in advance of the coming school year.

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