February 5 2008

Dáil Debates

• Fine Gael Motion: Health Services

Parliamentary Questions

• Accessible Transport
• Domiciliary Care Allowance
• School Enrolment Policies
• Housing Strategy for People with Disabilities
• Building Regulations & Accessibility

• Accessible Transport

Deputy John O’Mahony (FG): asked the Minister for Transport if he will examine ways of improving access and affordability to small public service vehicles for people with disabilities as recommended to his Department by the Taxi Regulator;

Minister for Transport (Deputy Noel Dempsey): The Commission for Taxi Regulation was established as an independent public body in September 2004 under the Taxi Regulation Act 2003. The objectives of the Commission under the Act include the promotion of access to small public service vehicles by persons with disabilities. In this regard, it is understood that the Commission has been in communication with the Department of Social and Family Affairs regarding the possibility of an extension of the travel concessions available to passengers with disabilities on other forms of public transport being made available to passengers in taxis and hackneys. Consideration of such a proposal is primarily a matter for the Department of Social and Family Affairs. The Commission for Taxi Regulation has also published new National Vehicle Standards Requirements for Small Public Service Vehicles on 26 November 2007, which include new accessible vehicle standards for licensing as wheelchair accessible taxis and wheelchair accessible hackneys.

My Department is in discussion with the Commission for Taxi Regulation in relation to a proposed subsidy arrangement to assist taxi and hackney operators with the purchase of wheelchair accessible vehicles that will meet the new accessible vehicle specification developed by the Commission. A final decision will be made on the subsidy scheme proposal as soon as possible having regard to the overall budgetary context.

Deputy David Stanton (FG): asked the Tánaiste and Minister for Finance the number of people who received tax relief under the disabled drivers and disabled passengers tax concessions scheme in 2007; the number of people who are eligible to qualify for relief under this scheme;

Tánaiste and Minister for Finance (Deputy Brian Cowen): The Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme provides relief from Vehicle Registration Tax, VAT and excise duty on fuel (up to certain limits), and exemption from motor tax, on the purchase and use of an adapted car for transport of a person with specific severe and permanent physical disabilities. Based on the most recent data available from the Revenue Commissioners it is estimated that the total number of people in/claimants under the scheme during 2007 was around 12,500, of whom some 5,900 people obtained VRT and VAT relief during 2007 on the purchase of a vehicle. It is estimated that the overall cost of the scheme in 2007 amounted to €74 million.

Deputy David Stanton (FG): asked the Tánaiste and Minister for Finance the number of people who appealed a decision to refuse them tax relief in 2007 under the disabled drivers and disabled passengers tax concessions scheme; the number who were successful in their appeal in 2007; the average waiting time for an appeal under this scheme to be heard by the Medical Board of Appeal; the location where appeals are heard;

Tánaiste and Minister for Finance (Deputy Brian Cowen): I understand from the Disabled Drivers Medical Board of Appeal, which is independent in the exercise of its functions, that 420 appeals were received during 2007 by the Medical Board of Appeal against decisions by Senior Medical Officers of the Health Service Executive to refuse Primary Medical Certificates. The Medical Board of Appeal contacted some 460 people regarding offers of appointments in 2007, of whom 313 were assessed by the Board, the remainder declined the appointment or did not turn up for the appointment. Fifty Seven of the people assessed by the Medical Board of Appeal were successful in their appeal. The average waiting time for appeals in 2007 was 6 months, however, the waiting time is being continually reduced. Appeals are normally heard in the National Rehabilitation Hospital, Rochestown Avenue, Dun Laoghaire, Co. Dublin. The Board has in the past held regional sessions in Cork and Donegal when sufficient appellants were available from the regions.

• Domiciliary Care Allowance

Deputy Enda Kenny (FG): asked the Minister for Health and Children the medical criteria that applies where domiciliary care allowance is awarded;

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): Domiciliary Care Allowance (DCA) 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 for DCA. 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 a means test. While no condition is debarred, conditions such as Asthma, Diabetes or Epilepsy are not normally considered unless there is a very high degree of additional care and attention required.

• School Enrolment Policies

Deputy Chris Andrews (FF): asked the Minister for Education and Science if she will make it a requirement for schools which receive public funding to make their enrolment policy publicly accessible and not only available upon request as is currently the case;

Minister for Education and Science (Deputy Mary Hanafin): Section 15(2)(d) of the Education Act 1998 requires the Board of Management to publish the policy of the school concerning the admission to and participation in the school.

In summary, Section 15, subsection (2) of the Education Act states that:

“A board shall . . . publish, in such a manner as the board with the agreement of the patron considers appropriate, the policy of the school concerning admission to and participation in the school, including the policy of the school relating to the expulsion and suspension of students and admission to and participation by students with disabilities or who have other special educational needs . . . and ensure . . . that . . . the right of parents to send their children to a school of the parents’ choice are respected . . .”.

It is the responsibility of the managerial authorities of schools that are not in a position to admit all pupils seeking entry to implement an enrolment policy in accordance with the Education Act. In this regard a board of management may find it necessary to restrict enrolment to children from a particular area or a particular age group or, occasionally, on the basis of some other criterion. In formulating an admissions policy a school must, however, ensure it is lawful. In particular, it must act in accordance with section 7 of the Equal Status Act 2000 (as amended by Section 50 of the Equality Act, 2004).

• Housing Strategy for People with Disabilities

Deputy Aengus O´Snodaigh (SF): asked the Minister for the Environment, Heritage and Local Government the date on which he plans to publish a new housing strategy for people with disabilities; if his attention has been drawn to the drastic shortages of social housing and housing within the community available for people with disabilities; if he plans to ensure that local authorities and the Health Service Executive work in partnership to ensure that the housing needs of people with disabilities are adequately identified; when this plan will be implemented; and the strategy that will be used; if his attention has been drawn to the fact that many people with disabilities are often only able to avail of part-time or low income work; if has plans to introduce an affordable housing scheme for people with disabilities;

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): The Government’s Housing Policy Statement, Delivering Homes, Sustaining Communities, published in 2007, reflects the commitment in Towards 2016 to develop a national housing strategy for people with a disability which will give a broad framework to inform the future development of local authority Housing Action Plans. Work has commenced on the development of this strategy, which is being progressed by a National Advisory Group under the aegis of the Housing Forum, headed by my Department and involving the Department of Health and Children, the Health Services Executive, social partners and other relevant stakeholders including the National Disability Authority. The strategy, which will be developed by end 2009, will support the provision of tailored housing and housing supports for people with a disability, and will have particular regard to adults with significant disabilities and people who experience mental health issues. It will be designed to reflect the diverse housing needs of people with a disability and ensure that the appropriate structures and supports, to deliver effectively on these needs, are in place. In terms of assisting with works to provide additional or adapted accommodation, a new Housing Adaptation Grant for People with a Disability was introduced with effect from 1 November 2007. Under the new scheme, the grant has increased from €20,320 to an effective maximum grant of €30,000, which may now cover up to 95% of the cost of the works, compared to 90% previously. In addition, it is open to persons with a disability to apply for affordable housing, subject to meeting the eligibility criteria, principally relating to income, and demonstrating the financial capacity to service the mortgage costs involved. Under the framework of Delivering Homes, Sustaining Communities, protocols for interagency co-operation will be developed with regard to all special needs housing where there is a care dimension to the supports required. Specifically, in the area of housing for people with a disability, protocols are being developed to deal with cooperation between the HSE and housing authorities in order to provide a strategic framework for inter agency cooperation at local level. My Department, in conjunction with the Department of Health and Children, the HSE and local authorities, has developed a protocol governing liaison between the HSE and housing authorities on the assessment of the individual accommodation needs of people with a disability, who have been assessed under Part 2 of the Disability Act, 2005 and identified as being likely to require housing support. This protocol, which has been in operation since July 2007, ensures that there is a smooth and transparent system to facilitate referral between the HSE and housing authorities in these cases. A further protocol to govern liaison between the HSE and housing authorities in relation to a strategic assessment of the nature and extent of local housing needs of people with a disability will be developed in the context of the housing strategy for people with a disability. This protocol will improve the capturing of data in relation to the housing needs of people with a disability.

• Building Regulations & Accessibility

Deputy Aengus O´Snodaigh (SF): asked the Minister for the Environment, Heritage Local Government when the review of the Building Regulations Part M will be completed.

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Part M of the Building Regulations deals with Access for People with Disabilities. In accordance with the commitment given in my Department’s Outline Sectoral Plan published under Section 36 of the Disability Act 2005, a comprehensive review of Part M and related Technical Guidance Document, TGD-M, was initiated. Comments were invited the public/disability bodies on necessary amendments to Part M. More than 40 detailed submissions were received under this public consultation process. Following consideration of these submissions, a preliminary draft of Part M and TGD- been presented to the statutory Building Regulations Advisory Body (BRAB). A sub- of BRAB has been appointed to advance a comprehensive review of the draft documents. intend to publish draft amendments for a final round of public consultation which completed by the middle of 2008, with a view to making new Regulations thereafter.

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