 |
 |
|
 |
 |
 |
|
|||||||||||||||||||||||||||||
Dáil Debates & Questions
|
|||||||||||||||||||||||||||||
January 27 2009
Parliamentary Questions
PARLIAMENTARY QUESTIONS Deputy David Stanton (FG): asked the Tánaiste and Minister for Enterprise, Trade and Employment the action she must take for ratification of the UN Convention of the Rights of Persons with Disabilities to proceed; Minister of State at the Department of Enterprise, Trade and Employment (Deputy John Moloney): The primary responsibility of the Department of Enterprise, Trade and Employmentwith respect to actions that are required by that Department to enable ratification of the UNConvention on the Rights of Persons with Disabilities concern the provisions relating to therights of persons with disabilities to work on an equal basis with others.So far as the Department of Enterprise, Trade and Employment is concerned, the measuresto enable compliance with such priorities of the convention are being advanced in the contextof the implementation of the Department’s Sectoral Plan under the Disability Act, 2005. Inaddition, I am advised that all labour and trade union law on the Statute Book in Irelandapplies to employees with a disability in same way as it applies to other employees.Under the Programme for Government “A Blueprint for Ireland’s Future 2007-2012” theDepartment is committed to putting in place a comprehensive employment strategy for peoplewith disabilities to help them to work in all sectors. This strategy is a key component of theSectoral Plan for the Department of Enterprise, Trade and Employment.An outline of how a comprehensive employment strategy for people with disabilities will beimplemented has been developed by the Department of Enterprise, Trade and Employment,and has received a positive response from key stakeholders who are represented on the ConsultativeForum on an Employment Strategy that has been established under the Department’sSectoral Plan. The aim of this strategy is to address the diversity of circumstances, needs andabilities of people with disabilities, and to work towards the highest possible levels of employmentfor them. It is intended that the outline for the implementation of this strategy will becompleted in the near future. Deputy David Stanton (FG): asked the Minister for Finance the action he must take for ratification of the UN Convention of the Rights of Persons with Disabilities to proceed; Minister for Finance (Deputy Brian Lenihan): The Interdepartmental working group on the UN Convention on the rights of Persons with Disabilities identified certain areas relevant to my Department. These are (i) to ensure that persons with disabilities have equal access to bank loans, mortgages and other forms of financial credit (ii) to prohibit discrimination in the provision of health and life insurance and (iii) the employment of people with disabilities in the public sector. Under the Financial Regulator’s Consumer Protection Code, a regulated entity must ensure that in all its dealings with customers and within the context of its authorisation, without prejudice to the pursuit of its legitimate commercial aims, it does not, through its policies, procedures or working practices, prevent access to basic financial services. Regarding item (iii), a Code of Practice for the Employment of People with a Disability in the Irish Civil Service has been published by my Department and is being implemented by Government Departments and public bodies staffed by Civil Servants. Deputy Denis Naughten (FG): asked the Minister for Health and Children the funding made available in 2007 and 2008 to the disability sector; the budget for 2009; Minister of State at the Department of Health and Children (Deputy John Moloney): Under the Multi-Annual Investment Programme (MAIP) in Budget 2007, an additional €75 million and in Budget 2008 an additional €50 million was allocated to services for people with disabilities. In Budget 2009 an additional €20m was allocated for health and education services for children with special educational needs. €10m of this allocation will be to the Health Service Executive (HSE), and €10m to the Department of Education and Science, to enable the services provided to children with special educational needs to be enhanced and strengthened. Deputy Denis Naughten (FG): asked the Minister for Health and Children the number of nursing home refund appeals processed in each of the past 12 months; the length of time it is taking to process each application, both oral and written; the cost of administering the appeals office; the payment mechanism for the appeals officers; when it is expected to clear the backlog; the numbers involved; Minister for Health and Children (Deputy Mary Harney): The Health Repayment Scheme Appeals Office is an independent office established to provide an appeals service to those who wish to appeal the decision of the Scheme Administrator under the Health (Repayment Scheme) Act 2006. Details of the number of appeals determined in each of the past 12 months are set out in the table.
It is anticipated that the Health Repayment Scheme Appeals Office will continue to receive completed Appeals Forms during 2009 and that the majority of appeals will be determined before the end of 2009. The Appeals Officers must investigate each appeal independently, these investigations can require additional reviews by the Health Service Executive and the Scheme Administrator and certain appeals present a high level of complexity. In addition a very high percentage of appellants have requested an Oral Hearing with an Appeals Officer. A second Appeals Officer was appointed on 1 September 2008 to ensure appeals are determined as quickly as possible. As of 16 January 2009, the average waiting time for an Oral Hearing is 180 calendar days and the average waiting time for an Appeals Officer’s Decision is 182 calendar days. As of 16 January 2009, the average completion time for an Oral Hearing is 163 calendar days and the average completion time for an Appeals Officer’s Decision is 105 calendar days. The Health Repayment Scheme Appeals Office was established in December 2006.Two Appeals Officers have been appointed to consider appeals and the Office has five administration staff.The set-up and on-going operating expenses of the Office, including the salaries in respect of the Appeals Officers and staff, up to 31 December 2008 are set out below.Salaries are paid to the Appeals Officers and staff by the Department of Health and Children. These salaries are then refunded on a quarterly basis to the Department of Health and Children from the Special Account as provided for under section 13 of the Health (Repayment Scheme) Act 2006.
Deputy Phil Hogan (FG): asked the Minister for Health and Children if cuts are planned in 2009 in respect of people with an intellectual disability in view of the fact that there was a €17 million cut to the disability sector in 2008; Minister of State at the Department of Health and Children (Deputy John Moloney): There are no cuts planned in 2009 in respect of services for people with an intellectual disability. Although an additional €50m was allocated under the Multi-Annual Investment Programme (MAIP) in Budget 2008, the commencement of the planned developments was delayed and the actual cost incurred in respect of these developments in 2008 was €33m. However, the full year cost of these services in 2009 will be €50m and this is provided for in the HSE’s 2009 Service Plan. Deputy Terence Flanagan (FG): asked the Minister for Health and Children the details of the implementation of the Government’s strategy on mental health, A Vision for Change; the funding available for the implementation of this strategy in 2009; the progress she expects to be made in 2009 on implementing same; Minister of State at the Department of Health and Children (Deputy John Moloney): The Report of the Expert Group on Mental Health Policy, ‘A Vision for Change’ provides a framework for action to develop modern, high quality mental health services over a seven to ten year period. Some 80% of the recommendations of the Report are the responsibility of the Health Service Executive. In January 2008, the HSE published an interim implementation plan for ‘A Vision for Change’ and progress was made in advancing the plan’s key priorities The priorities identified included:
A more detailed implementation plan has been prepared by the HSE and will be completed following finalisation of their new structures. Funding has been provided in 2009 for an 35 additional therapist posts for the child and adolescent mental health service. Once-off funding of €1.75 million is also being provided in 2009 for suicide prevention initiatives and mental health projects supporting service users and carers. Deputy Jan O’Sullivan (L): asked the Minister for Health and Children if patients in psychiatric hospitals who are in receipt of disability allowance or other social welfare payments are only allowed to retain €35 per week for their personal use; if this applies to all patients in psychiatric hospitals; her views on whether it is adequate; Minister for Health and Children (Deputy Mary Harney): The Health (Amendment) Act 2005 and the subsequent Health (Charges for In-Patient Services) Regulations 2005 and the (Health Charges for In-patient Services) (Amendment) Regulations 2008 provide the legislative basis for the imposition of long stay charges. The legislation provides for two different classes of person for the purpose of levying a charge. Class 1 Class 1 refers to persons in receipt of in-patient services on premises where nursing care is provided on a 24 hour basis on those premises. Class 2 Class 2 refers to persons in receipt of in-patient services where nursing care is not provided on a 24 hour basis on those premises. The Health (Charges for In-Patient Services) (Amendment) Regulations, 2008 amend the 2005 regulations and provide for the first increase in the level of long stay charges payable since 2005. The following revised level of charges will apply. In the case of Class 1 a weekly charge of €153.25 or the weekly income of that person less €44.70, whichever is the lesser. In the case of Class 2 a weekly charge of €114.95 or the weekly income of that person less €70.25 or 60% of the weekly income of that person, whichever is the lesser. The actual charge levied will vary from person to person depending on individual circumstances and under the legislation the Health Service Executive can waive or reduce the charges to avoid undue financial hardship. The increase in the level of long stay charge levied is directly linked to recent increases in social welfare entitlements. The new weekly charge for Class 1 of €153.25 represents an increase of €33.25 or 27.7% on the 2005 charges and the new weekly charge for Class 2 of €114.95 represents an increase of €24.95 or 27.7% on the 2005 charges. In the corresponding period from 2005 to 2009 the rate of Disability Allowance payable has increased by €55.50 or 37.7%. The rate of Disability Allowance has increased from €148.80 in 2005 to €204.30 in 2009. Deputy Róisín Shortall (L): asked the Minister for Health and Children the qualifying criteria for domiciliary care allowance; if it is the case that parents of autistic children are deemed ineligible; if so, the reason for same; the customer service targets in relation to dealing with appeals of domiciliary care allowance; the average length of time it takes to process appeals in respect of this allowance; Minister of State at the Department of Health and Children (Deputy John Moloney): Domiciliary Care Allowance is a monthly allowance administered by the Health Service Executive (HSE). Eligible children from birth to the age of 16 who are living at home and who have a severe disability requiring continual or continuous care and attention which is substantially in excess of that normally required by a child of the same age may qualify. The condition must be likely to last for at least one year. Eligibility is determined primarily by reference to the degree of additional care and attention required by the child rather than to the type of disability involved, subject to the means test. As the Deputy’s questions partly relate to service matters and a named individual I have arranged for the questions to be referred to the Health Service Executive for direct reply. Deputy Denis Naughten (FG): asked the Minister for Health and Children if her Department or State and semi-State agencies under the control of her Department issue guidelines to voluntary groups provided with public funds as to the maximum percentage that should be allocated to administration; if guidelines are issued on salaries for employees of such groups; if value for money audits are carried out on such groups; the last year in which such an audit was performed on each group; Minister for Health and Children (Deputy Mary Harney): The main area of direct funding to voluntary groups by my Department is the National Childcare Investment Programme 20006-2010 (NCIP). This is managed by the Childcare Directorate of the Office of the Minister for Children and Youth Affairs. (OMCYA). The key elements of the NCIP are the delivery of a capital grant scheme to develop childcare facilities, which is open to both commercial and community-based providers including voluntary groups, and the Community Childcare Subvention Scheme 2008-2010 (CCSS), which is confined to community-based providers including voluntary groups. In the case of both schemes, applicants are required to demonstrate that their project meets value for money criteria, including sustainability. However, as independent childcare providers, responsibility for management of the services’ administrative and salary costs rests with the provider. Implementation of the NCIP at local level is supported by 33 City and County Childcare Committees (CCCs) which are companies limited by guarantee and managed by voluntary boards. The OMCYA advises the CCCs of the maximum pay levels which may be paid to their staff from the funding provided. The CCCs were included in a Value for Money Review of the childcare investment programmes which was undertaken by the OMCYA and published in 2007. My Department also issues grants under the National Lottery Fund and it is a condition of these grants that certification of expenditure be submitted to my Department as soon as possible after the end of the financial year or when the project is completed to ensure that the funding is spent on the particular project for which it was allocated. The issue of salary levels does not therefore arise within this context. The HSE also funds a wide range of bodies to provide services on its behalf or services which are similar or ancillary to the services it provides. The terms under which the HSE provides this funding is broadly governed by sections 38 and 39 of the Health Act 2004. Theses bodies would range from large voluntary hospitals and providers of services for people with a disability to small voluntary groups providing services in their local community. With respect to these bodies it is a matter for the HSE to conclude the necessary agreements in respect of the terms and conditions under which services are provided by them. The same pay and conditions as are applied to the HSE, would also apply to those voluntary bodies whose employees are members of the public sector pension schemes and who are deemed to be public servants. This would include the major voluntary organisations providing services for people with disabilities and the voluntary hospitals. These are covered by circulars issued by my Department which set out the pay for each grade as approved by me with the consent of the Minister for Finance. It is a condition of any arrangement under section 38 of the 2004 Act that the body concerned must submit its annual accounts to the HSE for examination. Following on from the recommendations made in the C&AG report Provision of Disability Services by Non-Profit Organisations published in 2005 the Health Service Executive has been engaged in a process of strengthening existing Service Level Agreements [SLAs] and Grant Aid Agreements for all service providers funded by the HSE, as provided for under Sections 38 and 39 of the Health Act 2004. This process has included substantial consultation with the umbrella organisations representing the voluntary sector and representatives of the Association of Hospitals. These agreements will further strengthen the accountability of all service providers, including voluntary groups to ensure that services are provided in the most cost efficient manner possible. My Department is in consultation with the HSE in relation to the finalization and implementation of these agreements. Deputy Joe Carey (FG): asked the Minister for Health and Children the services and facilities available to autistic children in County Clare; if there are plans to improve the service; her plans to reduce the waiting times for autism screening in County Clare; a Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s questions relate to service matters I have arranged for the questions to be referred to the Health Service Executive for direct reply Deputy Ruairí Quinn (L): asked the Minister for Health and Children the ongoing education and training programmes in place for the Health Service Executive’s local health officers and management to educate them in the complex area of congenital disabilities such as spina bifida and hydrocephalus; Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy. Deputy Joanna Tuffy (L): asked the Minister for Health and Children if her attention has been drawn to the fact that the position of paediatric occupational therapist in the Dublin west local health office has been vacant for the past three months and that this is causing unnecessary delays in having assessments carried out; when this position will be filled; Minister for Health and Children (Deputy Mary Harney): Almost 130,000 people work fulltime or part-time in our public health services. In recent years, the Government’s ongoing high level of investment in health has achieved and maintained significant increases in the numbers of doctors, nurses and other healthcare professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future. Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. As this is a service matter it has been referred to the HSE for direct reply. Deputy David Stanton (FG): asked the Minister for Health and Children the budget that her Department is making available to the Health Service Executive in 2009 to enable the employment of personal assistants for people with disabilities; Minister of State at the Department of Health and Children (Deputy John Moloney): The Health Service Executive (HSE) National Service Plan for 2009, provides in excess of €1.5 billion for the provision of specialist disability services in 2009. The National Service Plan makes provision for 3.2 million hours of personal assistance services for people with a disability in 2009. This represents the same level of service from 2008 and an increase of 200,000 hours since 2007. Deputy David Stanton (FG): asked the Minister for Health and Children if the national review of adult day services has been completed by the Health Service Executive; if it will be submitted for the consideration of the national disability steering group by the end of January 2009 as envisaged; when the findings of the review will be published; Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply. Deputy David Stanton (FG): asked the Minister for Health and Children if she will make changes to the medical card eligibility scheme to allow all participants on the wage subsidy scheme to retain their medical card; Minister of State at the Department of Health and Children (Deputy John Moloney): In November 2008, the Office for Disability and Mental Health wrote to the Department of Enterprise, Trade and Employment confirming that the Department of Health and Children will extend the temporary arrangement, which enables people with disabilities who are employed under the terms of the Wage Subsidy Scheme (WSS) to retain their medical card while employed under the WSS, for a period of three years from the date of commencement on the WSS. This extension was agreed so as to allow sufficient time for the completion of this Department’s review of medical card eligibility. Deputy David Stanton (FG): asked the Minister for Health and Children the action she must take for ratification of the UN Convention of the Rights of Persons with Disabilities to proceed; Minister of State at the Department of Health and Children (Deputy John Moloney): Ratification, by Ireland, of the UN Convention on the Rights of Persons with a Disability, is ultimately a matter for the Oireachtas. However, in order to provide for ratification, the Government has established an Interdepartmental Committee, under the chairmanship of the Department of Justice, Equality and Law Reform. The Department of Health and Children, in partnership with all other Departments, is actively participating in this Committee. Deputy David Stanton (FG): asked the Minister for Transport the action he must take for ratification of the UN Convention on the Rights of Persons with Disabilities to proceed; Minister for Transport (Deputy Noel Dempsey): So far as my Department is concerned, the measures to enable compliance with the priorities of the convention are being advanced in the context of the implementation of Transport Access for All, my Department’s Sectoral Plan under the Disability Act 2005. Deputy David Stanton (FG): asked the Minister for Justice, Equality and Law Reform the action he must take for ratification of the UN Convention on the Rights of Persons with Disabilities to proceed; Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my reply to Question No. 8 of 18 December 2008. I have nothing further to add to the details of that reply. Deputy David Stanton (FG): asked the Minister for Foreign Affairs the action he must take for ratification of the UN Convention on the Rights of Persons with Disabilities to proceed; Minister for Foreign Affairs (Deputy Micheál Martin): The UN Convention on the Rights of Persons with Disabilities was adopted by the UN General Assembly on 13 December 2006. The Convention opened for signature on 30 March 2007. Ireland signed the Convention, subject to ratification, on that date. The Convention entered into force on 3 May 2008, having been ratified by twenty countries. My colleague, the Minister for Justice, Equality and Law Reform, Mr Dermot Ahern T.D., has lead responsibility for issues relating to the implementation of the Convention and his Department chairs an Interdepartmental Implementation Committee established in 2007. It is my understanding that it is the intention to complete all implementing measures as quickly as possible. The Department of Foreign Affairs already takes account of the requirements under Article 32 (International Relations) of the Convention in the implementation of Ireland’s overseas development aid policy. Irish Aid policies and programmes fully recognise the inter-relationship between poverty and disability and are inclusive of and accessible to persons with disabilities. In due course, when all the required implementation arrangements are in place, the Minister for Justice, Equality and Law Reform will request me to seek Government authority to ratify the Convention. Deputy David Stanton (FG): asked the Minister for Arts, Sport and Tourism the action he must take for ratification of the UN Convention on the Rights of Persons with Disabilities to proceed; Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The primary role of the Department in efforts to enable ratification of the UN Convention on the Rights of Persons with Disabilities relates to Article 30, which concerns the right of persons with disabilities to take part in cultural life, recreation, leisure and sport. I am pleased to state that the introduction of legislation is not considered to be necessary in order to allow ratification to proceed in so far as matters under the aegis of the Department are concerned. At an administrative level, all relevant State agencies in the arts/culture, sport and tourism sectors continue to advance the disability agenda, with specific regard to access to places for cultural performances or services as well as to sporting, recreational and tourism venues. I understand that no insurmountable issues in relation to implementation in this regard have arisen to date. Finally, the Department continues to actively contribute to the Inter-Departmental Committee to Implement the UN Convention, as led by the Department of Justice, Equality and Law Reform, which is overseeing efforts to ensure a co-ordinated approach to the implementation of measures necessary to enable ratification. Deputy David Stanton (FG): asked the Minister for Community, Rural and Gaeltacht Affairs the action he must take for ratification of the UN Convention on the Rights of Persons with Disabilities to proceed; Minister for Community, Rural and Gaeltacht Affairs (Deputy Eamon O’Cuív): No actions are required by my Department in order for the ratification of the UN Convention of the Rights of Persons with Disabilities to proceed. Deputy Olwyn Enright (FG): asked the Minister for Social and Family Affairs the number of recipients of the half rate carer’s allowance, sub divided into other categories outlining the other social welfare payment they are receiving; Minister for Social and Family Affairs (Deputy Mary Hanafin): The Social Welfare and Pensions Act 2007 provided for new arrangements whereby people in receipt of certain social welfare payments, who are also providing full time care and attention, can retain their main social welfare payment and, depending on their means, receive half rate Carer’s Allowance. There are currently 15,790 people in receipt of half rate Carer’s Allowance. The breakdown of people in receipt of half rate Carer’s Allowance as requested by the Deputy is attached in tabular format. No. of persons in receipt of half rate Carer’s Allowance in addition to their main social welfare payment
Deputy Olwyn Enright (FG): asked the Minister for Social and Family Affairs the number of people in receipt of the carer’s allowance for the past three years; the cost of same for the three year period; Minister for Social and Family Affairs (Deputy Mary Hanafin): Carer’s Allowance is a social assistance payment, made to persons who are providing full time care and attention to elderly people or to people with disabilities and whose income falls below certain income limits. The principal conditions for receipt of the allowance are that full time care and attention is required and being provided and that the means test, which applies, is satisfied. Recipient of Carer’s Allowance have an entitlement to the Respite Care Grant in respect of each care recipient being cared for. The Carer’s Benefit scheme is a weekly income support payment operated this Department. It is intended to support people who must leave the workforce temporarily to care for someone who is in need of full-time care and attention. Entitlement to carer’s benefit is based on satisfying medical, employment and PRSI contribution conditions. The maximum duration of the scheme is set at 104 weeks. Recipient of Carer’s Benefit have an entitlement to the Respite Care Grant. The information requested by the Deputy regarding the number of recipients in receipt of Carer’s Allowance and Carer’s Benefit for the past 3 years and the cost of each scheme for these years is in tabular format as follows:
Deputy David Stanton (FG): asked the Minister for Social and Family Affairs the action she must take for ratification of the UN Convention on the Rights of Persons with Disabilities to proceed; Minister for Social and Family Affairs (Deputy Mary Hanafin): Insofar as the Department of Social and Family Affairs is concerned, there are no issues outstanding which would impede the ratification of the UN Convention of the Rights of Persons with Disabilities. Deputy David Stanton asked the Minister for Defence the action he must take for ratification of the UN Convention on the Rights of Persons with Disabilities to proceed. Minister for Defence (Deputy Willie O’Dea): The text of the UN Convention on the Rights of Persons with Disabilities was adopted by the General Assembly of the United Nations in December 2006. Ireland signed the Convention, subject to ratification, in March 2007. The Convention came into force on 3 May 2008. In line with the Government’s decision to sign the Convention in March 2007, it is intended to ratify the Convention as quickly as possible consistent with the need to ensure that all the necessary requirements under the Convention are being met. My Department is represented on the inter-departmental committee set up, under the chairmanship of the Department of Justice, Equality and Law Reform, to monitor the early implementation by Departments of the legislative and administrative changes that are necessary to allow the State to ratify the Convention. The National Disability Strategy comprehends many of the provisions of the UN Convention. The inter-departmental committee has developed its work programme to address (i) the elements of the Strategy that require alignment with the Convention and (ii) any matters that fall outside the Strategy. From a Defence point of view, the only potentially significant issue is in relation to Article 27 of the Convention. Article 27 recognises the right of persons with disabilities to work on an equal basis with others. Domestic legislation, however, provides specifically that the Defence Forces are allowed to operate selective employment policies in relation to the two specified grounds of age and disability. I intend to seek legal advice on whether Ireland will need a reservation entered, at the time of ratification, in relation the employment of persons with disabilities in the Defence Forces. Deputy Jack Wall (L): asked the Minister for the Environment, Heritage and Local Government if local authorities have been notified by him as to the funding allocated by his Department to each local authority that they can draw down in relation to grants; Minister of State at the Department of the Environment, Heritage and Local Government(Deputy Michael Finneran): The Housing Adaptation Grant Schemes for Older People and People with a Disability are funded by 80% recoupment available from my Department together with 20% contribution from the resources of the local authority. In the case of the Disabled Persons and Essential Repairs Grant Schemes, my Department recoups two thirds of the cost of individual grants paid, with the remaining one third being provided by the local authority. It is a matter for each local authority to decide on the specific level of funding to be directed towards each of the schemes, from within the combined allocation notified to them by my Department, and to manage the operation of the schemes in their areas from within this allocation. Local authorities will be notified of their capital allocations for 2009 in respect of the Housing Adaptation Grant Schemes for Older People and People with a Disability, following the publication of the Revised Estimates for Public Services 2009. Total expenditure by Kildare County Council, in 2008, in respect of the Housing Adaptation Grant Schemes for Older People and People with a Disability was €2,717,064, as follows:
Deputy David Stanton (FG): asked the Minister for the Environment, Heritage and Local Government the action he must take for ratification of the UN Convention on the Rights of Persons with Disabilities to proceed; Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My Department is represented on the Interdepartmental Committee to implement the UNConvention of the Rights of Persons with Disabilities. My Department’s areas of responsibilityunder the Convention are being dealt with via the Disability Act 2005 Sectoral Plan. Deputy David Stanton (FG): asked the Minister for Agriculture, Fisheries and Food the action he must take for ratification of the UN Convention of the Rights of Persons with Disabilities to proceed; Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Ratification of the UN Convention on the Rights of Persons with Disabilities is not dependent on any action been taken by my Department. Ratification of the Convention is a matter for the Minister for Justice, Equality and Law Reform. Deputy Brian Hayes (FG): asked the Minister for Education and Science the progress in regard to the commitment given in the programme for Government to provide each child with special needs with the right to an individual education plan; the progress in regard to the commitment given in the programme for Government to implement the Education for Persons with Special Educational Needs Act 2004 in full; the progress made in regard to the commitment given in the programme for Government to complete the roll out of the Education for Persons with Special Educational Needs Act 2004, giving all children with special needs the right to an individual education plan to ensure the best outcome for them and putting in place a new appeals procedure. Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, a significant number of sections of the Education for Persons with Special Educational Needs Act, 2004 have been commenced, principally those establishing the National Council for Special Education and those promoting an inclusive approach to the education of children with special educational 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. The Board is continuing to identify the processes to be put in place in advance of commencement of the final sections of the Act. The sections of the EPSEN Act that have been deferred are those mainly concerned with the assessment of need process, the preparation and review of individual education plans and the associated appeals provisions in relation to these areas. A small number of sections refer to interaction between the NCSE and the health services. The full list of deferred sections is — 3 to 13, 14(1)(b), 14(1)(d), 14(1)(e), 14(1)(f), 15 to 18, 38 and 39. As has been outlined previously, it is not possible to commence the EPSEN Act incrementally by age cohort, therefore the provisions of the Act especially regarding assessments and individual education plans will have to be commenced for all children at the same time. This means that the necessary training arrangements, personnel and systems have to be in place at the time of commencement. As required under the Act, the NCSE provided a report making recommendations regarding the implementation of EPSEN which suggested additional investment over a period of years of up to €235m per annum across the education and health sectors. Having considered the NCSE report, and consulted with the education partners, the Department of Health and Children and the HSE, my Department identified a range of options for the implementation of EPSEN. It is not possible to give exact figures regarding cost as the specific amount of money required to support implementation would depend on the options chosen and the timeframe for the implementation of these options. However, my Department’s opinion is that the level of investment required would be greater than that envisaged in the NCSE report. In the light of the current financial circumstances, it is therefore not possible to proceed with implementation in 2010 as originally envisaged. However, the Government will keep the matter under review and is committed to the full implementation of EPSEN at the earliest possible date. I want to take this opportunity to emphasise that children with special educational needs will continue to receive an education appropriate to their needs. I intend to build on the progress that has been achieved in recent years which has seen a huge increase in resources for special needs. The NCSE will continue to support schools, parents and children and teachers and special needs assistants will continue to be deployed to schools to meet children’s needs. Furthermore, as announced on Budget day, an additional €20m has been provided — €10m for education services and €10m for health services — to strengthen and enhance services and continue the preparation for the full implementation of the Act at a later date. The additional funding being allocated to my Department will provide for an expansion of the National Educational Psychological service so that all schools in the country will be covered by the service. The additional funding available to NEPS, which represents a 33% increase over the 2008 allocation, will facilitate the recruitment of up to 50 further psychologists. It is envisaged that this will bring the number of NEPS psychologists by the end of 2009 above the proposed 200 incorporated in the programme for Government. This investment will significantly enhance the capacity of our educational psychologists to directly support schools in the development and delivery of appropriate interventions for children with special educational needs. Additional funding is also being provided to the National Council for Special Education in 2009 to increase the Council’s capacity in the move towards the full implementation of EPSEN. The additional funding will enable the Council to continue to improve, plan and co-ordinate the delivery of services for children with special needs. I have also provided for further investment in teacher training in this area. This will ensure that teachers are provided with opportunities to access continuing professional development so that the learning and teaching needs of all pupils with Special Educational Needs continue to be met. The provision of high quality training ensures that pupils learning opportunities are enriched and learning outcomes are optimised. An integrated approach is being adopted by the education and health sectors to target these additional resources to the areas of greatest need. Progress in both sectors will be kept under review by the Office for Disability & Mental Health and the Cross-Sectoral Team of the Departments of Education and Science, and Health and Children during 2009. Deputy Brian Hayes asked the Minister for Education and Science the progress in regard to the commitment given in the programme for Government to improve second level provision for children with special needs. Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that a key priority for the Government over the past decade has been to improve the provision of additional resources for all pupils, including those attending post-primary schools. My Department provides a range of supports to second level schools to enable them cater for pupils with special educational needs (SEN). Such supports include remedial and additional teaching support, special needs assistant (SNA) support and funding for the purchase of specialized equipment. As the Deputy is aware, there has been enormous progress made over the past number of years in relation to increasing the number of teachers and SNAs in our second level schools who are specifically dedicated to supporting the education of pupils with SEN. All second level schools in the free education/block grant schemes have an entitlement to an ex-quota teacher allocation in respect of remedial/learning support teaching and guidance provision. My Department supports the education of individual students with SEN in second level schools, including those experiencing difficulty with literacy and numeracy, throughout the country. The precise model of provision made available at second level will depend on the assessed needs of the pupils involved. Some pupils are capable of attending ordinary classes on an integrated basis with additional teacher and/or special needs assistant support. In other cases, the provision of special dedicated classes within the school may be the more appropriate response. Such special classes operate at significantly reduced pupil teacher ratios. The organisation of such provision is a significant task of the National Council for Special Education (NCSE). With effect from 1 January 2005, the NCSE has taken over key functions from my Department in relation to special educational provision. The Council acts under the broad policy direction of my Department. Where a pupil with SEN enrols in a post primary school, the school may apply to the NCSE for additional teaching and/or SNA support. The number of hours allocated will vary depending on the nature of the special educational need. In addition, my Department’s Teacher Education Section has developed a strategy designed to meet the continuing professional development needs of personnel working with children with SEN. This involves a major expansion of the range of post-graduate professional training programmes available to teachers in the special needs area and the ongoing development of the Special Education Support Service (SESS) to support schools staff locally. The provision of SEN in second level schools should be informed and guided by the guideline document “Inclusion of Students with Special Educational Needs: Post-Primary Guidelines” produced by my Department which provides practical advice and guidance to schools on the organisation and co-ordination of resources to maximise the support to each individual student. Deputy Brian Hayes (FG): asked the Minister for Education and Science the progress made in regard to the commitment given in the Programme for Government to ensure that all teachers and assistants have access to specialist training. Minister for Education and Science (Deputy Batt O’Keeffe): My Department has provided for a comprehensive system of continuing professional development (CPD) for teachers in the area of special educational needs. Central to this is the “Special Education Support Service” (SESS) which was established in September 2003. The service consolidates co-ordinates, develops and delivers a range of professional development initiatives and support structures for school personnel working with students with special educational needs in a variety of educational settings. These settings include mainstream primary and post-primary schools, special schools and special classes. The CPD provided by the SESS covers a range of specialities, including inter alia: • Autistic Spectrum Disorders (ASDs) • Dyslexia • Challenging Behaviour • Post-primary issues in Special Educational Needs • Specialist training for Autism Units attached to schools The SESS has also been involved in the provision of intensive CPD for teachers working in new Autism Units opened since 2007. Delivery of this CPD begins prior to their entry to the units and continues following the opening of the unit with ongoing in school support as well as programmes of CPD. Furthermore, as part of an initiative rolled out for the 08/09 school year, teachers can have SESS CPD in the area of ASDs accredited by St Angela’s College in Sligo. My Department is in the process of establishing a Special Educational Needs Behaviour Team as part of the SESS. This team will have responsible for the delivery of CPD and support to consolidate teachers’ knowledge and skills in behavioural support and in the application of behavioural principles to learning through the use of contemporary applied behaviour analysis strategies. A person has already been appointed to oversee this programme and they will have a support team working with them, three of whom have been appointed recently. In addition, my Department funds several third level courses in teacher training colleges and universities. These include: • Combined Post-Graduate Diploma Programme of Continuing Professional Development for Teachers involved in Learning Support & Special Education (available in seven colleges across the country) (300 places available annually). • Masters in Special Educational Needs (St. Patrick’s College, Drumcondra) (16 places available annually) • Graduate Certificate in the education of pupils with ASD (St. Patrick’s College, Drumcondra) (18 places available annually) • Online Certificate/Diploma in Education (Special/Inclusive Education) (150 places available annually) My Department and the Centre For Deaf Studies in Trinity College, Dublin are currently in the process of developing a new programme of continuing professional development. This programme will be designed to provide teachers with the skills necessary for the design, implementation and evaluation of learning and teaching programmes for students who have a hearing impairment and who are learning through the medium of Irish Sign Language. It is expected the programme will be available to teachers in 2009. It is estimated that over 25,000 places will be provided to teachers for Continuing Professional Development in Special Educational Needs in 2009, rising from 23,283 places in 2008. In terms of training for Special Needs Assistants, my Department currently funds a certificate for Special Needs Assistants delivered by: • St. Angela’s college, Sligo (55 places available annually) • Mary Immaculate College, Limerick (45 places available annually) • Church of Ireland College of Education, Rathmines (25 places available annually) Introductory courses are also provided through Education Centres, which can be taken as a stand alone course or as part of the above-mentioned certificate.
Deputy Brian Hayes (FG): asked the Minister for Education and Science the progress made in regard to the commitment given in the Programme for Government to provide for improved access to lifelong learning for adults with disabilities. Minister of State at the Department of Education and Science (Deputy Seán Haughey): My Department is committed to encouraging and facilitating the participation of people withdisabilities in Further Education by providing supports to enable their access to the variousprogrammes on offer.The Back to Education Initiative (BTEI) provides part-time Further Education programmesfor adults to give them an opportunity to combine a return to learning with family, work andother responsibilities. People with disabilities are one of the target groups of the programme.The Vocational Training Opportunities Scheme (VTOS), while primarily targeting the unemployed,also facilitates people with disabilities. Under VTOS, full-time courses of one or twoyears duration are provided to participants to enhance their employability.Adults with disabilities may also avail of adult literacy courses provided by VECs aroundthe country. A grant has been provided to the Irish Deaf Society to train tutors to give literacytuition. A grant is also awarded annually to the Dyslexia Association of Ireland as a contributiontowards assessments.An action research pilot project is continuing in a number of Further Education Colleges inthe Dublin area. This project is supported by three Disability Support Officers, the NationalTraining and Development Institute and flexible additional funds for transport, equipment,interpreters, etc. The service identifies and offers support to students and staff around the areaof disability. The provision of awareness-raising sessions and participation in college open andrecruitment days is also an integral element of the role of the Support Officers.My Department is also currently working with the National Office for Equity of Access toHigher Education and the Association on Higher Education and Disability (AHEAD) toaddress special education needs of adults in further education.In 2006/2007, a total of 2,444 students with disabilities attending third level and further educationaccessed funding through the Fund for People with Disabilities which is administeredby the Higher Education Authority. The total amount provided to students through this fundwas €9.987 million. Of this €1.745 million was allocated to 279 students in the further educationsector.In 2008, AHEAD, in conjunction with the National Council for Guidance in Education(NCGE) launched a Handbook for Guidance and Information Officers on disability issues inFurther Education.Following the input of key stakeholders on possible ways forward for the development ofservices for people with intellectual disabilities, a scoping paper on the parameters of provisionfor adults with disabilities in adult education and lifelong learning was received in 2008. Thisis forming part of the consideration and development of an overall policy to address specialneeds and disability in Further Education. Deputy Olivia Mitchell (FG): asked the Minister for Education and Science the reason parents of children with a disability cannot use their home tuition grant to contract the services of preschools (details supplied); Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to advise the Deputy that officials in my Department have agreed an arrangement in respect of home tuition grant payment with the service provider in question for the current school year. Deputy David Stanton (FG): asked the Minister for Education and Science the action he must take for ratification of the UN Convention of the Rights of Persons with Disabilities to proceed; Minister for Education and Science (Deputy Batt O’Keeffe): My Department is part of the Interdepartmental Committee to implement the UN Convention on the Rights of Persons with Disabilities. This Committee is currently considering the requirements of the Convention and the action required before ratification can proceed. |
|||||||||||||||||||||||||||||
Inclusion
Ireland, Unit C2, The Steelworks, Foley Street, Dublin 1, Ireland.
Tel: 01 8559891 Fax: 01 8559904 Email: info@inclusionireland.ie |