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Dáil Debates & Questions
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June 30 2009 Dáil Debates Parliamentary Questions
DÁIL DEBATES Deputy Kathleen Lynch (L): I wish to ask about a Bill dealing with the legal capacity of people with an intellectual disability, namely, the Mental Capacity Bill 2008. Where exactly is this Bill? The last time I asked about it, I hoped the Title would be changed to the legal capacity Bill, as that would make much more sense. It is not just about evidence at trial, but about the ability to make a will and the ability to make decisions in respect of health treatment, something that Deputy Costello bravely tried to raise. Will we see this Bill before the session concludes? The Taoiseach: We will not have that legislation before this session concludes. It is hoped to have it before the end of the year… Deputy Kathleen Lynch (L): I wish to share time with Deputy Stanton. An Leas-Cheann Comhairle: Very good. Deputy Kathleen Lynch: For almost a month the country has been rightly convulsed following the publication of the report of the Commission to Inquire into Child Abuse. I have never at any time in my life heard so many guarantees that from now on we will treat all of the children of our nation equally, that we will respect them and that what happened will never happen again, and rightly so. However, those words ring very hollow when one considers what will happen in this country from September next. Since January 2007 the Department of Education and Science has laid down four criteria in regard to eligibility for the home education grant. Home education grants are given to the parents of preschool children who are in need of education to ready them for primary school, usually children two and a half to five years old, most of whom are autistic and must be taught how to learn. They are children who, for instance, need to be taught how to manage their behaviour, communication skills — most of them are non-verbal — self management and social and play skills, all of which we, who do not have such difficulties, take for granted. They must be taught toileting and hygiene skills, cognitive and sensory skills, all of which must be learned to ensure when they go to primary school they are capable of integrating into mainstream education. Under the new criteria for home tuition grants, which will change from September next, parents will have to seek a qualified teacher to teach their child. A qualified teacher in this respect means a primary or secondary teacher, people with H.dip qualifications who do not have the skill sets to teach these children. If they do, why then do primary schools continue to seek the assistance of organisations dealing with children with autism? Primary school teachers do not have the required skill sets to teach these children. We have been through all of this before. That argument was made a long time ago when the new criteria was introduced and is being made again now. I believe that the reason for this change is the Minister’s desire to havemore qualified teachers employed in this area. I ask the unions not to co-operate with this.These teachers are not the people we need to prepare these children for mainstream primaryeducation.If the words we have been hearing for the past month in regard to the children of our nationare to mean anything, surely the parents who have fought long and hard for these limited rightsfor their children should continue to receive them. Deputy David Stanton (FG): I thank Deputy Lynch for allowing me to support the case she is making here this evening. I believe this decision was made centrally. The impact of this decision will be that tutors, who in some cases have up to eight or nine years’ experience dealing with children with special needs and autism, who have studied and gained qualifications in early childhood studies and working with children with ABA but who do not have a B.Ed or primary education certification will be told their training and experience is no longer relevant in this area. They are to be told that from September next they will not be allowed to carry on the work they have been doing. I ask the Minister to reconsider this decision. It is important these people, who have training and experience in this area, are allowed to carry on the work they have been doing. The parents want them to continue with their work and are happy with them. As Deputy Lynch stated, primary school teachers are also happy to receive these children into primary school at the age of 5 or 6 years having gone through this early preschool special education system with people who are trained, experienced and passionate about what they are doing. The Minister is saying that only a person with a qualification as a primary teacher can do this work. I contend that is not possible. It is false, dangerous and damaging to these children. I ask the Minister to reconsider this decision. Deputy Martin Mansergh: I am taking this Adjournment matter on behalf of my colleague, the Minister for Education and Science, Deputy Batt O’Keeffe. I thank the Deputies for raising this matter as it provides me with the opportunity to clarify the position in relation to the criteria for eligibility under the terms of the home tuition scheme. In particular, I wish to clarify that no changes have been made to the criteria for eligibility for home tuition. As the Deputies will be aware, the home tuition scheme provides funding to parents to provide education at home for children who, for a number of reasons such as chronic illness, are unable to attend school. The scheme was extended in recent years to facilitate tuition for children awaiting a suitable educational placement and to provide early educational intervention for preschool children with autism. Home tuition is available for children who cannot attend school or are absent for a significant proportion of the school year and where the degree of absence is such that without supplemental instruction the pupil is unlikely to be able to perform academically at the level appropriate to his-her level of ability. Eligibility in this regard is determined by reference to a completed medical report from a relevant professional and attendance records supplied by the school in which the pupil is enrolled. Home tuition is also available for children with special educational needs awaiting an appropriate educational placement, as an interim measure and for children aged—— Deputy Kathleen Lynch: Surely there must be some indication in the reply of what the debate is about. Deputy David Stanton: There is none. Deputy Kathleen Lynch: There is none at all. I have heard Ministers ramble a little but nothing in the reply relates to the question asked. Surely, the Minister—— An Leas-Cheann Comhairle: The Minister of State is entitled to give whatever response he determines appropriate. Deputy Kathleen Lynch: ——for shame sake—— Deputy Martin Mansergh: Home tuition is also available for children with special educational needs awaiting an appropriate education placement as an interim measure and for children aged two and a half to five years who have been assessed under the Disability Act by the HSE as having autistic spectrum disorder, thus requiring early educational intervention. Eligibility for home tuition is determined in consultation with the National Council for Special Education which must confirm that there is no educational placement available. I hope this clarifies the position for the Deputies whom I thank once again for raising the matter. Deputy Kathleen Lynch: The Minister of State knows the reply does not clarify the matter. PARLIAMENTARY QUESTIONS Deputy Brian Hayes (FG): asked the Minister for Education and Science his plans to introduce a panel system similar to that used for teachers that could apply for special need assistants; Minister for Education and Science (Deputy Batt O’Keeffe): Special Needs Assistants are allocated to provide for care needs of pupils with special educational needs in accordance with specified criteria. The needs of individual children and the number of such children can change over time with consequent changes to as school’s SNA allocation. Accordingly, redundancy arrangements agreed at national level operate for special needs assistants employed in primary and second level schools. The terms of the redundancy arrangements are set out in Circular 0058/2006 which is available on my Department’s website. There are no plans at present to introduce a redeployment panel system for special needs assistants. My Department is currently carrying out a Value for Money Review and Policy Analysis of the SNA scheme and this is expected to be completed this year. Deputy Olwyn Enright (FG): asked the Minister for Education and Science if the role of a special needs organiser is solely to allocate appropriate levels of resources to a school rather than to assign particular special needs assistants to particular pupils; Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating additional resources to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. The SENO has no role in assigning individual special needs assistants to particular pupils. The Principal Teacher is responsible for the day-to-day management of the school, including guidance and direction of the teachers and other staff of the school.
Deputy Mary Wallace (FF): asked the Minister for Education and Science the rules and regulations regarding to entitlement to special needs assistants in primary schools; if there has been a recent change in the rules and regulations which prevents more than one special needs assistant being in a classroom; if he will explain the particular ruling; when same was implemented; Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, 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 primary and post primary schools to support children with special needs. The NCSE operates within my Department’s criteria in allocating such support. The qualifying criteria for the allocation of SNA support is outlined in Department Circular 07/02 which is available on my Department’s website at www.education.ie. There has been no change in the criteria governing the allocation of SNA support. Deputy David Stanton (FG): asked the Tánaiste and Minister for Enterprise, Trade and Employment the progress made in developing a comprehensive employment strategy for people with disabilities; when she expects such a plan to be published; Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): A draft comprehensive employment strategy for people with disabilities has been developed by my Department in discussions with key stakeholder representatives who form the Consultative Forum on an Employment Strategy established under my Department’s sectoral plan. The aim of this strategy is to address the diversity of circumstances, needs and abilities of people with disabilities, and to work towards achieving the highest possible levels of employment for them. Discussions on the further development and finalisation of the comprehensive employment strategy are being actively pursued with the consultative forum and interdepartmental groups with a view to completing the strategy as soon as possible. Deputy James Reilly(FG): asked the Minister for Health and Children when, taking into account the Ryan report and other cases of abuse highlighted in the media she will introduce independent inspections for units which house intellectually disabled persons; the measures she has put in place to ensure such inspections take place; Minister of State at the Department of Health and Children (Deputy John Moloney): A Standards Advisory Group was established by HIQA to develop National Quality Standards on Residential Services for People with Disabilities. The Group comprised officials of HIQA, my Department, the HSE, service providers, organisations representing people with disabilities and service users, and met on a number of occasions during 2008. Following a public consultation process initiated by HIQA, the proposed standards were formulated and have now been published. These standards will provide a national framework for quality, safe services for people with disabilities in a residential setting and relate only to adult services at present. Given the current economic situation, to move to full statutory implementation of the standards, including regulation and inspection, presents significant challenges at this time. However, notwithstanding the difficulties of immediate statutory implementation, my Department, the HSE and HIQA have agreed that progressive implementation of the Standards will now commence, and that they will become the benchmark against which the HSE assesses both its own directly operated facilities and other facilities that the HSE funds. Further discussions will take place regarding the introduction of an appropriate level of external validation for relevant settings. In relation to children’s services, all children in residential services under the age of 18 are covered by the Children First National Guidelines for the Protection and Welfare of Children. Children with disabilities in generic residential centres under the Child Care Act, 1991, are covered by the standards and inspection regimes already applying to those centres. In relation to children with disabilities in other residential centres, Recommendation No. 12 of the Ryan Commission report states that “All services for children should be subject to regular inspections in respect of all aspects of their care”. An implementation plan for the recommendations of the Ryan Commission report is being prepared by the Office of the Minister for Children and Youth Affairs, and will be submitted to Government by the end of July. The Plan will include proposals to implement in full, all the recommendations of the Commission, including identifying costs of implementation. Deputy James Reilly (FG): asked the Minister for Health and Children if she will report on the plans to open Bracken House, Julianstown, County Meath for intellectually disabled people; 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 James Reilly (FG): asked the Minister for Health and Children the reason, in respect of the unit for intellectually disabled people in Portrane, County Dublin, nine applicants for the post of senior psychologist were interviewed for this position, nine applicants were offered the post and nine applicants refused the position; the further reason the post is not filled; if the offer of employment or contract is defective in some way; if not, the reason nine applicants refused the offer of employment. Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply. Deputy Michael McGrath (FF): asked the Minister for Health and Children the position regarding the oversight and scrutiny procedures in place within the Health Service Executive to ensure that value for money is achieved by disability service providers funded by the HSE, with particular regard to multidisciplinary support providers, in view of the fact that the investment in specialist disability services, as outlined in the HSE service plan 2009, for people with disabilities, is €1.508 billion. 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. The Deputy may also wish to note that a Value for Money Study of the disability services funded from Vote 40 is due to commence shortly as part of the Government’s Value for Money and Policy Review Initiative 2008-2011. Deputy David Stanton (FG): asked the Minister for Health and Children if she and the Health Service Executive recognise autism as a condition in its own right; if a person who is diagnosed as autistic can expect to receive supports from the health service as a result of such diagnosis; Minister of State at the Department of Health and Children (Deputy John Moloney): Autism spectrum disorders (ASDs) are a group of developmental disabilities defined by significant impairments in social interaction and communication and the presence of unusual behaviours and interests. Many people with ASDs also have unusual ways of learning, paying attention or reacting to different sensations. The thinking and learning abilities of people with ASDs can vary — from gifted to severely challenged. In relation to the provision of health services, the intention of an assessment of need is to identify the health needs resulting from an individual’s disability. The provision of services for people with autism is therefore determined by the level of need presented. The Health Service Executive provides health services and supports to people with autism. As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Executive for direct reply. Deputy Joanna Tuffy (L): asked the Minister for Health and Children the plans to relocate the Central Mental Hospital from Dundrum to Portrane; the stage the plans are at; if Fingal County Council and local residents will be consulted at the outset before the plans are progressed further; Minister of State at the Department of Health and Children (Deputy John Moloney): In May 2006 the Government confirmed the decision to develop a new Central Mental Hospital (CMH) at Thornton Hall, County Dublin. Since then, a draft project brief has been prepared and a Cost Benefit Analysis has been completed. None of the work undertaken to date has been site specific but a number of difficulties have now emerged with the Thornton Hall site. The HSE has identified a need for an Intellectual Disability Forensic Mental Health Unit and a Child and Adolescent Forensic Mental Health Unit. Neither of these units would be viable as a stand alone facility and they should be co-located with the CMH, but the twenty acre site at Thornton Hall is not large enough to allow for these additional developments. Moreover, the construction of these additional units at a location separate to the CMH would incur increased capital and revenue costs. The planning and design process for the CMH redevelopment project will soon need to become site specific and all of the issues involved are currently being considered. The Deputy can be assured that if the Government decide to change the location of the new hospital, the HSE will, in due course, undertake a consultation exercise with stakeholders. Deputy Seán Barrett (FG): asked the Minister for Social and Family Affairs the reason that most children with autism and intellectual disabilities have been turned down for the domiciliary care allowance; if the qualification criteria for the allowance have been changed; the reason for such change; Minister for Social and Family Affairs (Deputy Mary Hanafin): Of the first 249 applications for Domiciliary Care Allowance processed by the Department, 149 were refused and 100 awarded. Of those awarded, 12 children were specifically diagnosed with, Autism, Autism Spectrum Disorder or Asperger’s Syndrome. Of those refused, 16 children were specifically diagnosed with one of these conditions. Eligibility for Domiciliary Care Allowance is not based primarily on the medical or psychological condition, but on the resulting lack of function of body or mind necessitating the degree of extra care and attention required. As such it is not possible to say if a child with autism or any other intellectual disability will qualify for a payment under the scheme. Each application is assessed on an individual basis taking account of the evidence submitted. The main change to the scheme since the transfer to the Department is that the Domiciliary Care Allowance scheme is now a statutory scheme with the primary legislation provided for in the Social Welfare and Pensions Act 2008. Prior to the transfer the eligibility criteria for the scheme was set out by way of a Circular from the Department of Health and Children. The Department uses a set of consistent and objective guidelines in determining the medical eligibility of children for the scheme. These guidelines were drawn up by a Group chaired by the Department’s Chief Medical Advisor comprised of senior medical personnel from the HSE as well as eminent professionals in the areas of physical disabilities which affect children, and child psychiatry/psychology. All claims are assessed by designated Departmental Medical Assessors who have received special training in Human Disability Evaluation. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed by a different Medical Assessor specially designated for this task. Where a person is not satisfied with the decision of a Deciding Officer they may appeal the decision to the Social Welfare Appeals Office. Deputy Chris Andrews (FF): asked the Minister for the Environment, Heritage and Local Government if, with regard to rental supplements for tenants of housing associations, housing cooperative, housing trusts and local authority housing he will request that these bodies reduce rents, in line with the reductions in the private sector; if, in view of the fact that these bodies are publicly funded, he will contact all bodies, outlining the situation whereby rents in the private sector have fallen and requesting that they come into line and do the same. Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): In the case of local authority housing, local authorities set rentsfor social housing tenants based on their Differential Rents Schemes. While it is a matter foreach authority to determine an individual household’s rent, the principle of the scheme is thata household is charged a rent based on a proportion of their income.In the case of family-type accommodation provided by approved voluntary and co-operativehousing bodies under my Department’s Capital Loan and Subsidy Scheme (CLSS), tenants aredrawn from the local authority housing waiting list and rents are largely based on the localauthority Differential Rents Schemes. Under the CLSS, the application of the rent formula asset out in the scheme may be modified, at the discretion of the approved housing body, inparticular respects where they consider this appropriate. Rent payable under the scheme to anapproved housing body, by a tenant, is based on household income in the previous tax year.Where this would result in hardship arising from a fall in income due to loss of employment,disability etc, the rent may be adjusted accordingly.In the case of accommodation provided under the Capital Assistance Scheme (CAS), whichis aimed at persons with special housing needs such as elderly, the homeless or persons with aphysical or intellectual disability, rents are charged at a reasonable rate having regard to tenants’income. In cases where an approved housing body contributes a minimum of 5% of thecapital cost of a CAS funded project, the approved body may retain nomination rights, outsideof the local authority waiting list, for up to 25% of the units. In these circumstances, the normallandlord/tenant arrangements, including in relation to rent, apply.Given that the circumstances of individual tenants may change many times during the periodof their tenancy, it is accepted that the rent payable by a tenant to either a local authority oran approved housing body should be capable of review in light of such changes. My Departmentwill take appropriate opportunities, in the context of ongoing liaison and consultation withlocal authorities and the representative organisations for the voluntary and co-operative housingsector, to remind the bodies concerned in this regard.
Deputy Aengus O’Snodaigh (SF): asked the Minister for the Environment, Heritage and Local Government if he will develop a strategy for accommodation in respect of people with intellectual disabilities and for people who experience mental illness; if he will fully integrate supported housing for people with intellectual disabilities and for people who experience mental illness in the community, and increase support for sheltered accommodation schemes. Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The Government’s housing policy statement, Delivering Homes, Sustaining Communities,reflects the commitment in Towards 2016 Social Partnership Agreement to develop a nationalhousing strategy for people with a disability. Work on the strategy commenced in October 2007under the aegis of a National Advisory Group, headed by my Department and involving theDepartment of Health and Children, the Health Service Executive, social partners and otherrelevant stakeholders including the National Disability Authority.The strategy, which will provide a broad framework to inform the future development oflocal authority Housing Action Plans, will support the provision of tailored housing and housingsupports for people with a disability, and have particular regard to adults with significant disabilitiesand people who experience mental health issues. Work on the strategy is ongoing witha view to completion by end 2009.The provision of supported housing, as set out in Delivering Homes, Sustaining Communities,reflects the needs of our growing and diverse population and targets supports at the particularneeds of people in different phases of their lives. The Government has initiated a broadrange of actions as part of a strategic response to enhance the range of housing supports andservices available to older people and people with a disability. These actions range from theintroduction of better-targeted financial supports to the development of inter-agency protocolsto ensure coordinated service delivery at local level where there is a care dimension in associationwith meeting housing need.The specific accommodation needs of people with a physical or intellectual disability can bemet directly through a wide range of available supports including adaptation grant schemeswhich allow people to remain in their own homes, and the provision of specific accommodationthrough the local authority housing and voluntary and co-operative housing programmes, primarilyunder the Capital Assistance Scheme.This year, capital funding of €79.5m is being provided for the operation of the suite ofhousing adaptation grant schemes for people with a disability, and €110m for the provision, byapproved housing bodies, of special needs accommodation under the Capital AssistanceScheme. The Health Service Executive also introduced a scheme of dedicated funding forsheltered housing in 2006 with funding of €0.5m in 2006 and 2007, increasing to €1.1m in 2008.It is a matter for the HSE to agree the level of funding for this purpose in 2009. Deputy David Stanton (FG): asked the Minister for Education and Science when the statutory three-year review of the sectoral plan on disability pertaining to his Department and required under the Disability Act 2005 will be published; Minister for Education and Science (Deputy Batt O’Keeffe): My Department is not required to develop a sectoral plan under the Disability Act 2005. For the Deputy’s information the six Departments required to develop sectoral plans are the Departments of Health and Children; Social and Family Affairs; Transport; Communications, Energy and Natural Resources; Environment, Heritage and Local Government; and Enterprise, Trade and Employment.
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Inclusion
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