March 30 2010

Parliamentary Questions

• Standards in services for children with a disability
• Status of Health Proposals in the Board Snip Report
• Changes to Dept. of Community, Rural and Gaeltacht Affairs
• Problems with third level grants and students with disabilities
• Staff of Colleges of Further Education to access development events provided by Special Education Support Service and Second Level Support Service
• General Allocation for Learning Support
• Policy requiring students with a disability to leave special schools at 18
• Status of Education Proposals in Bord Snip Report
• SNAs employed in Co. Kildare in last 3 years

PARLIAMENTARY QUESTIONS

• Standards in services for children with a disability

Deputy Terence Flanagan (FG): asked the Minister for Health and Children if she will reply to a matter (details supplied);

Minister of State at the Department of Health and Children (Deputy John Moloney): It is not possible to disaggregate the amount spent on the quality of disability services from the overall total spent on disability services annually. 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. There are a number of other centres providing residential or respite care to children with disabilities. Children who reside in these centres are not in the care of the State, although they are cared for by the State. The majority of these centres are run by voluntary organisations funded by the HSE and are not included in the inspection regime under the Child Care Act 1991. In relation to the children with disabilities in these other residential centres, the Ryan Commission report recommends 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 was submitted to Government by the Minister for Children and Youth Affairs which included proposals to implement in full, all the recommendations of the Commission. The implementation plan contains a commitment that the Health Act 2007 will be commenced to allow the independent registration and inspection of all residential centres and respite services for children with a disability by December 2010. As the Deputy may be aware, “National Quality Standards: Residential Settings for People with Disabilities” which relate to adult services have been published by HIQA. These standards will provide a national framework for quality, safe services for persons with disabilities in a residential setting. 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, the Department ofHealth and Children, the HSE and HIQA have agreed that progressive non-statutory 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. The Minister for Health and Children will shortly be bringing detailed proposals to Government with regard to the protection of vulnerable adults with disabilities who are currently in institutional care. 

• Status of Health Proposals in the Board Snip Report

Deputy Ruairí Quinn (L): asked the Minister for Health and Children the list of all proposals in the Report of the Special Group on Public Service Numbers and Expenditure relating to her Department or to bodies or agencies under her remit which have been implemented to date; Minister for Health and Children (Deputy Mary Harney): The information sought by the Deputy is set out in the following table:

Deputy is set out in the following table:

• Changes to Dept. of Community, Rural and Gaeltacht Affairs

Deputy Jack Wall (L): asked the Minister for Community, Rural and Gaeltacht Affairs the cost of the proposed changes to his Department; if there are logistical changes necessary such as staff changes, relocation of his Department or sections of his Department; when it is anticipated that all of the necessary changes will be completed; if legislation is necessary to ensure the transfer of any section or agency of his Department as result of recent changes; if funding of the various agencies will be affected; if so, if a mechanism is being prepared or in place to ensure that no delays take place in relation to such funding; the number and name of agencies now under his remit; the number and name of agencies previously under the remit of his Department that have being reallocated to other Departments due to recent changes; the change in policy of sections of his Department and the Minister of State responsible for each of the new policy sections;

Minister for Community, Rural and Gaeltacht Affairs (Deputy Pat Carey):  As the Deputy is aware, as part of the restructuring of Departments and agencies announced by the Taoiseach in Dáil Éireann on 23 March last to ensure greater coherence and produce more efficient delivery, the Department of Community, Rural and Gaeltacht Affairs will become the Department of Community, Equality and Gaeltacht Affairs and will incorporate responsibility for social inclusion policy and family policy from the Department of Social and Family Affairs and for equality, disability, integration and human rights from the Department of Justice, Equality and Law Reform. The changes in Departmental functions announced by the Taoiseach will have an effect on the Estimates of the Departments involved, including my Department. These changes will involve transferring the relevant programme expenditure from one Department to another. All such transfers of funds will be carried out strictly on an Exchequer-neutral basis. Some staff, and related administrative costs, may also be transferred between Departments, again on an Exchequer-neutral basis. On the question of legislation, in most cases transfers of Departmental functions are carried out by Government Order under powers contained in section 6(1) of the Ministers and Secretaries (Amendment) Act 1939, while in some cases amending legislation may be needed. This aspect of the changes announced by the Taoiseach is still being examined in my Department and in the Departments of Justice, Equality and Law Reform, and Social and Family Affairs. The issue of orders delegating functions to Ministers of State would arise subsequent to that process. The Deputy will appreciate, therefore, that at present it is not possible to provide him with the detailed information that he has requested in relation to staff changes, the relocation of sections of my Department, the assignment/functions of agencies, the anticipated costs involved and other associated matters. However, I can confirm that I have directed officials within myDepartment to ensure that any costs arising in this context be kept at a minimum and will be met from within existing resources. 

• Problems with third level grants and students with disabilities

Deputy John Deasy (FG): asked the Tánaiste and Minister for Education and Science if her attention has been drawn to the difficulties experienced by students with disabilities in Colleges of Further Education who apply for supports to the Higher Education Authority, due to the fact that their courses are normally of 12 months duration and the applications for supports may not be processed for up to three months after commencement of the course; if she will request to the HEA to be more flexible in dealing with such applications so that they are dealt with in a more timely manner; and if she will make a statement on the matter.

Tánaiste and Minister for Education and Science (Deputy Mary Coughlan): The Fund for Students with Disabilities (FSD) provides funding to both further and higher education institutions for the provision of services and supports for full-time students with disabilities. In recent years, the demand for the fund has grown considerably. Provisional data for 2009-10 suggests that between 2008/09 and 2009/10 there has been an increase of 34% in applications approved for support. It is anticipated that approximately 5,450 students will be supported through the fund in 2009/10. Applications from the further education sector have contributed to the overall increase in applications in recent years. For example, in 2003/04, funding was allocated to further education institutions to support 136 students. By 2009/10, this had increased by 338% to 596 students. A total of €3.4m has been provided to the further education sector to support students with disabilities from the fund in 2009/10. Institutions apply to the HEA under FSD for supports on behalf of students. Applications are then assessed by the HEA years the HEA has prioritised the assessment of applications from the further education sector on the basis that most students are completing one year courses. The HEA operates an early application round for further education colleges. Between August and mid-October assessment of applications received from further education colleges takes priority. From mid-October current resources within the HEA are also allocated for assessment of applications received from the higher education sector. The HEA currently receives over 1,500 applications for assessment. However, throughout this period, the HEA continues to prioritise the assessment of applications from the further education sector to ensure that colleges receive funding as quickly as possible to support their students. The HEA has also introduced a system of approval whereby institutions now receive a percapita rate for certain categories of disability. This has been welcomed by the disability sector and has assisted in largely maintaining the assessment timeline process for further education students despite the continuing annual increase in the number applications each year. TheHEA is currently working with my Department and other stakeholders in developing a new model of allocation for the fund. One of the aims of the new model, in the context of projected increases in applications for support in the coming years, will be to provide a quicker response to all institutions in relation to applications for support. 

• Staff of Colleges of Further Education to access development events provided by Special Education Support Service and Second Level Support Service

Deputy John Deasy (FG): asked the Tánaiste and Minister for Education and Science if she will allow staff of Colleges of Further Education to access development events provided by the Special Education Support Service and Second Level Support Service;

Tánaiste and Minister for Education and Science (Deputy Mary Coughlan): Generally the continuing professional development supports under the remit of Teacher Education Section, including the Special Education Support Service and the Second Level Support Service, are targeted at qualified teachers working in primary or second level schools, as relevant. Where Further Education Colleges are providers of second level curricula, qualified teachers are also eligible to attend support service events, where capacity exists. In addition, the support service websites contain a wide range of resources that are available to all teachers for reference and use. The Deputy might wish to note that a dedicated Further Education Support Service is available to Further Education Colleges which provide support specific to that area. This support service also has a dedicated website for FE teachers and tutors which contains a range of resources including publications, online tutorials etc.  

• General Allocation for Learning Support

Deputy Brian Hayes (FG): asked the Tánaiste and Minister for Education and Science the number of primary schools in the country that have seen an increase in their enrolment since 2003; when the General Allocation for Learning Support was determined in respect of the number of hours per school; the reason that those schools which have seen an increase in their enrolment since 2003 cannot obtain additional resource hours under the general allocation model;

Tánaiste and Minister for Education and Science (Deputy Mary Coughlan): There is an extensive amount of statistical information for recent years on my Department’s website in relation to primary schools, including the enrolment for all primary schools for the school years 2006/07 to 2008/09. The level of detail sought by the Deputy would take some time to collate within my Department. My Department’s Teacher Allocation Section is currently focused on the initial work for the allocation of staffing for the coming school year and I do not propose to divert them from this work at this key time in the allocation process. The General Allocation model was introduced in primary schools in September 2005 to ensure that each school has learning support/resource teaching support available to meet the needs of children with high incidence special educational needs. The allocation to schools is however enhanced in the case of schools experiencing large increases in enrolment and which satisfy the conditions under my Department’s Developing School Criteria. The review of the General Allocation is at an advanced stage and is being considered within my Department. 

• Policy requiring students with a disability to leave special schools at 18

Deputy Michael Noonan (FG): asked the Tánaiste and Minister for Education and Science when she will change the policy requiring children to leave special schools by the age of 18 years in view of the decision S2009-050 of the Equality Tribunal;

Tánaiste and Minister for Education and Science (Deputy Mary Coughlan): My Department is currently reviewing its policy relating to school leaving age with a view to developing a consistent approach for all students whether they are attending a mainstream post primary school or special school. Pending the conclusion of this policy review, I am pleased to confirm for the Deputy that my Department will advise special schools that they may retain students over 18 years of age who are following courses leading to accreditation on a case by case basis. 

• Status of Education Proposals in Bord Snip Report

Deputy Ruairí Quinn (L): asked the Tánaiste and Minister for Education and Science the list of all proposals in the Report of the Special Group on Public Service Numbers and Expenditure relating to her Department or to bodies or agencies under her remit which have been implemented to date;

Tánaiste and Minister for Education and Science (Deputy Mary Coughlan): The recommendations made in the report of the Special Group on Public Service Numbers and Expenditure Programmes were considered in determining the expenditure allocation for my Department for 2010, which was announced in Budget 2010. These recommendations, together with estimated savings yields for 2010 where relevant, are set out in the table.

• SNAs employed in Co. Kildare in last 3 years

Deputy Jack Wall (L): asked the Tánaiste and Minister for Education and Science the number of special needs assistants employed in the schools of County Kildare for each of the past three years;

Tánaiste and Minister for Education and Science (Deputy Mary Coughlan): The information requested by the Deputy on the number of special needs assistants employed in County Kildare schools is not readily available in the requested format.As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENO) for allocating resource teachers and special needs assistants to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. The allocation for any school and any adjustments to that allocation depends on a number of factors such as the number of pupils with care/medical needs leaving, the number of new pupils, the changing needs of the pupils and any surplus identified. Furthermore, schools can make applications at any time with the result that the individual situation of any school can change and allocations are not static. The Deputy may wish to liaise directly with the NCSE in the context of his enquiry. I want to take this opportunity to emphasise that children with special educational needs will continue to receive an education appropriate to their needs. The NCSE will continue to support schools, parents, children and teachers and resources will continue to be allocated to schools to meet children’s needs in line with my Department’s policy.

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