disability issues pqs 16 jan 2011

8/3/2019 Disability Issues PQs 16 Jan 2011

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Disability Issues Parliamentary Questions

16 January 2012

As part of my effort to create and inform public debate on disability policy, I recently submitted anumber of Parliamentary Questions, which can be read in full below.

These questions cover a wide range of topics, from job activation measures to personal budgets andstandards for service providers. For ease of navigation, I have divided them into the following headings:

Job Activation Measures ............................................................................................................................... 2

Education ....................................................................................................................................................... 5

Disability and Domiciliary Care Allowance ................................................................................................. 18

Mental Capacity Bill..................................................................................................................................... 27

National Disability Strategy ......................................................................................................................... 28

Service Provision and Residential Care ..................................................................................................... 29

Transport ..................................................................................................................................................... 39

These questions are not intended to be exhaustive, but are a starting point on which I will continue tobuild over the coming term.

Please feel free to email me with any feedback, or to suggest questions you would like answers to, [email protected].

You may also be interested to read my recent article in the Sunday Independent, on the reforms I wantto see for people with disabilities, which can be seen here:http://www.simonharris.ie/?p=1087.
mailto:[email protected]:[email protected]://www.simonharris.ie/?p=1087http://www.simonharris.ie/?p=1087http://www.simonharris.ie/?p=1087http://www.simonharris.ie/?p=1087mailto:[email protected]


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Job Activation Measures

Ceist Pharlaiminte

Chun an Aire Oideachais agus EolaocthaTo the Minister for Education and Science

To ask the Minister for Education and Skills the rationale behind the exclusion of persons in receipt ofthe disability allowance from labour activation and further education programmes such as springboard;and if he will make a statement on the matter.- Simon Harris.

* For WRITTEN answer on Thursday, 12th January, 2012.Reference Number: 1655/12

Freagra

Minister Ruair Quinn

The Springboard initiative which was introduced in 2011 was not a generaleducation measure. It was a specific initiative to provide part time reskillingopportunites to enable unemployed people who had lost jobs in sectors whereemployment levels will not return , to reskill while actively seekingemployment. It was not targeted at school leavers or new graduates who havenever been in employment or at those who may have lost their job as a result ofan illness or disability and who may be able to return to work in their chosenprofession when their illness or disability has ended. Disability Allowancewas not included as an eligible payment for access to Springboard as it is paidin recognition of the fact that a person may not be available to take upemployment due to illness or disability. It was open to any person with adisability who met the eligibility criteria to apply for a place on aSpringboard programme and providers were also reminded of their obligations toensure that appropriate facilities were in place to support the participationof people with disabilities. The eligibility criteria for access to the newround of Springboard programmes provided for in the 2012 Budget will beinformed by the findings of the evaluation of the first phase of the initiativewhich is almost finalised.


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Question Number: 136 Ref No: 1654/12

To ask the Minister for Social Protection the labour activation measures available to persons in receipt

of disability allowance; if there is any mechanism by which the additional costs and barriers preventingpersons with disabilities from re-entering the workforce may be recognised; and if she will make astatement on the matter.

- Simon Harris.

* For WRITTEN answer on Thursday, 12th January, 2012.

R E P L Y

Minister for Social Protection (Joan Burton T.D.):

Persons with a disability, who meet the entry criteria, are able to participate in the full range ofprogrammes and services available from my Department and the Department of Education and Skills.Persons with a disability may call into one of my Departments Employment Service Office or LocalEmployment Service Office to meet with an Employment Services Officer or Mediator who will providethem with full information, advice and guidance in relation to training and employment.

The Supported Employment Programme, is an employment and recruitment service to assist peoplewith a disability to secure and maintain a job in the open labour market. The range of supportsprovided by job coaches under the programme include work experience placements as well as supportwith the job application process, matching skills with employers needs and assistance with integratinginto the workplace

As well as the Supported Employment Programme, my Department provides a range of other supportsto support the employment of people with disabilities. These include the Disability Awareness TrainingSupport Scheme, the Wage Subsidy Scheme, and the Reasonable Accommodation Fund for the

Employment of Disabled People, the Workplace Equipment Adaptation Grant, the Employee RetentionGrant Scheme and a range of Employment Schemes. Many of these schemes provide specificassistance to enable people with disabilities secure and retain employment.

Individuals in receipt of a disability allowance can also avail of many of the education and trainingprogrammes that are provided under the auspices of the Department of Education and Skills anddelivered by the VECs and the training side of FS.


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Question No: 142 & 144 RefNo: 1662/12

RefNo: 1664/12

To ask the Minister for Social Protection the supports available to those unemployed persons who donot qualify for social welfare payments to re-enter the workforce; and if she will make a statement onthe matter.

- Simon Harris.


To ask the Minister for Social Protection the supports available to unemployed persons in receipt of apayment other than jobseeker's benefit or allowance to re-enter the workforce; and if she will make a

statement on the matter.- Simon Harris.


R E P L Y


I propose to take question numbers 142 and 144 together.

The Department of Social Protection operates a range of employment support measures designed toencourage and support social welfare recipients of working age to reduce their dependency on welfarepayments. Individuals that are in receipt of a social welfare payment other than a jobseekers paymentcan avail of the back to education programme, the back to work scheme, the rural social scheme andthe Work Placement Programme.

These individuals can also access the training programmes provided by FS under the auspices of theDepartment of Education and Skills but they will not receive a training allowance, while participating onthese programme.

My Department through its Employment Service and Local Employment Service offices provides a fullrange of services and supports to jobseekers. This includes providing jobseekers with information onthe labour market including information on appropriate job vacancies mediation and guidance andadvice on the employment and training programmes that are available to the jobseeker. Jobseekersshould call to their local Employment Service and Local Employment Service Social Welfare Office toget information on the full range of services they are entitled to.


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Education

Uimhir:110

Ceist Pharlaiminte


To ask the Minister for Education and Skills if his attention has been drawn toinstances in which schools are limiting the attendance of children with specialeducational needs on health and safety grounds; his views that this situation

is unacceptable; if he concurs that in such instances all necessary resourcesto ensure a child can fully attend school are in place; and if he will make astatement on the matter.- Simon Harris.


Freagra


I wish to advise the Deputy that I am not aware of any widespread difficultiesregarding schools limiting the attendance of pupils with special educationalneeds on health and safety grounds.

The Deputy will be aware that all schools have access to a full range ofsupports to facilitate the enrolment and full attendance of pupils with specialeducational needs. These supports include a permanent allocation of additionalteaching support in all Primary schools through the General Allocation Model ofadditional teacher support as well as additional resource teaching and SpecialNeeds Assistant (SNA) care supports which may be allocated to schools by theNational Council for Special Education (NCSE) in respect of qualifying pupils.

In total, 9,950 whole time equivalent (WTE) Resource Teaching/Learning support

posts and 10,575 WTE Special Needs Assistant (SNA) posts are being provided forschools in the current school year.


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The NCSE has advised all schools of their resource teaching and SNA allocationsfor the current school year and has retained capacity to respond to lateapplications for SNA support for emergencies, acquired injuries, or new school

entrants with care needs.

Other supports which are available for schools include the National BehaviourSupport Service (NBSS) in post primary and the support teacher scheme inprimary and also the support of National Educational Psychology Services.

The National Educational Psychological Service has published 'Behavioural,Emotional and Social Difficulties - A Continuum of Support for Primary Schools- Guidelines for Teachers" In order to further assist schools, my Departmentwill shortly publish new Guidelines for Schools for Supporting Students with

Behavioural, Emotional and Social Difficulties, in order to give furtherguidance to schools.

I am satisfied that schools have access to the range of supports which allowfor the enrolment and full attendance of pupils with special educational needsto schools. In circumstances where it is agreed that the best interests of achild, or the effective provision of education for children with whom the childis to be educated, are not best served by a mainstream school placement, myDepartment also makes provision for special school and special class

placements.

Finally, where a school refuses to enrol, or expels a pupil, the school isobliged to inform parents of their right under Section 29 of the Education Act1998 to appeal that decision to the Secretary General of my Department.

The Deputy may also be aware that in 2011, I launched a "Discussion Paper on aRegulatory Framework for School Enrolment". My officials are co-ordinating thesubmissions received. The feedback from this consultation will help inform thenature and scope of a new regulatory framework for school enrolment, to makethe process of enrolling in schools more open, equitable and consistent, notleast for children with special educational needs. I will be reviewing thematters referred to by the Deputy as part of this process.


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Uimhir:111

Ceist Pharlaiminte


To ask the Minister for Education and Skills if he will ensure that

documentation is produced for parents from either the national Council forSpecial Education or the Special Educational Needs Organiser outlining the waya decision was reached regarding the resources to be allocated to a child; andif he will make a statement on the matter.- Simon Harris.


Reference Number: 1726/12

Freagra


The Deputy will be aware that the NCSE is responsible, through its network oflocal Special Educational Needs Organisers (SENOs) for allocating resourceteachers and Special Needs Assistants to schools to support children withspecial educational needs. The NCSE operates within my Department's criteria inallocating such support.

Applications are made by schools directly to the NCSE for additional resourcesto meet the special educational needs of identified pupils. Accordingly, theNCSE informs the school of the decision in relation to their application, inwriting.

Where parents seek to meet the SENO at any stage to discuss their particular

case SENOs are available to do so. SENO contact details are available on theNCSEs website www.ncse.ie.


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In order to provide further assistance and information for parents, the NCSErecently published a comprehensive Information Booklet for Parents for Childrenwith Special Educational Needs which provides information to parents regarding

provision of services. This information guide is available at www.ncse.ie.


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Uimhir:112

Ceist Pharlaiminte


To ask the Minister for Education and Skills the actions he is taking in

conjunction with the national Council for Special Education to ensure astandardising of the decision making process regarding resources allocated bySpecial Educational Needs Organisers; if he is concerned that standards candiffer significantly from locality to locality; and if he will make a statementon the matter.- Simon Harris.


Freagra


The Deputy will be aware that the National Council for Special Education (NCSE)is responsible for the provision of a range of educational services at localand national level for students with special educational needs. In particular,its network of Special Education Needs Organisers (SENOs) co-ordinate specialneeds education provision at local level and arrange for the delivery ofspecial educational services. The NCSE operates within my Department'scriteria in allocating such support.

The NCSE adopts a consistent approach to the consideration of applications fromschools for supports for children with special educational needs, in accordance

with the policies of my Department. However, each case must be consideredindividually given the differing requirements of pupils with special


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educational needs and the fact that the care needs of pupils may emerge inschools in different ways, due to varying factors, including the layout anddesign of a school. The NCSE will also take into account the existing level ofresources which schools may have, along with the individual diagnosis of a

child and details of the care needs which might arise in a school settingoutlined in professional reports.


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Uimhir:113

Ceist Pharlaiminte


To ask the Minister for Education and Skills his plans to expedite the

coordination of the assessment of needs process for a child with specialeducational needs prior to them commencing school; and if he will make astatement on the matter.- Simon Harris.


Freagra


I wish to advise the Deputy that, for children under the age of 5, the NationalCouncil for Special Education (NCSE), through its network of SpecialEducational Needs Organisers (SENOs), liaises with Assessment Officers in theHealth Service Executive (HSE) in respect of the assessment of need processunder the 2005 Disability Act, 2005.

The Assessment Officer contacts the relevant SENO when an educational need isidentified as part of the assessment process.

My Department's Circular 0020/2011 clarifies the roles of the NCSE and the HSEin relation to the assessment of need process, as well as the role of theschool in this regard. This Circular is available on my Departments website atwww.education.ie


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Uimhir:114

Ceist Pharlaiminte


To ask the Minister for Education and Skills if he will consider reforming therole of special needs assistants in classrooms; if he has considered theexperience of other education systems in Europe in this regard; and if he will

make a statement on the matter.- Simon Harris.


Freagra


The Deputy will be aware that my Department recently published a Value forMoney (VFM) and Policy Analysis review of the Special Needs Assistant scheme.This review is available on my Departments website: www.education.ie. Thereview makes a number of recommendations for improving the efficiency andeffectiveness of the scheme and with regards to the future basis for thescheme.

The review contains a Literature Review, which considered the national andinternational literature regarding approaches used to allocate support staff toschools and assessed the impact of support staff on students' outcomes.Information on the allocation and deployment of support staff to schools in tenother European Countries was also collected as part of this review and ispresented in an Appendix to the review.

My Department has now established a working group which will consider and

implement the recommendations of the SNA Value for Money and Policy Analysisreview.


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Uimhir:139

Ceist Pharlaiminte


To ask the Minister for Education and Skills if he sees there being a role foran educational model of speech therapy as well as a health model; and if hewill make a statement on the matter.- Simon Harris.

* For WRITTEN answer on Wednesday, 11th January, 2012.Reference Number: 40852/11

Freagra


I wish to advise the Deputy that the Health Service Executive is responsiblefor the provision of health supports including Speech and Language Therapy andOccupational Therapy to children. In some instances such therapy services aredelivered in schools. An integrated approach is adopted by the education andhealth sectors to target resources to the areas of greatest need and tointegrate services to the greatest extent possible.

Progress in this regard is kept under review by an Interdepartmental Cross

Sectoral team, (comprising of representatives of: the Departments of Educationand Skills, Health and Children, the National Council for Special Education andthe Health Service Executive) which plans for co-ordinated service deliveryacross the disability sector.


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QUESTION NO: 931

DIL QUESTION addressed to the Minister of State at the Department of Health (Ms. Lynch)by Deputy Simon Harris

forWRITTEN ANSWER on 11/01/2012

* To ask the Minister for Health if he is satisfied with the waiting lists for speech and language therapyfor children here; if he has had any discussions with the Health Service Executive regarding thesewaiting lists; his plans to reduce these lists as quickly as possible; and if he will make a statement onthe matter.

- Simon Harris

REPLY.

Any child that presents to the HSEs Speech and Language Therapy Service has an initial assessment

to determine their individual need for therapy. The therapist in conjunction with the parent(s) or carerwill determine the severity of the child's difficulties and prioritise them for therapy accordingly. The levelof intervention is in line with clinical policy, age and severity of the presenting need. The waiting periodfor intervention is dependent on the nature and severity of the need following assessment.

The HSE aims to ensure that the resources available are used to best effect, in order to provideassessment and ongoing therapy to children and adults in line with their prioritised needs. Along withthe significant investment in the area of speech and language therapists employed in recent years, arange of new approaches have been developed and are used in many Speech and Language Therapyservices across the country. These include providing structures, training and support to parents /carersso that they can work to help improve the individuals speech and language. In addition, therapy isdelivered in group settings where appropriate.

Speech and Language Therapy services for children with disabilities have been developed by individualservice providers or former Health Boards over time and reflect the individual experience and expertiseof providers in meeting local needs. This has led to variations in the way services are configured and,in relation to the provision of supports for children with disabilities, the HSE has recognised the need toenhance the level of consistency and standardisation in the way both early intervention services andservices for school-aged children with disabilities are delivered.

The reconfiguration of existing therapy resources to geographic based teams for children and youngpeople has been identified as a priority and was a 'Key Result Area' in the HSE's National Service Plan

2011. National, regional and local level structures are being put in place to progress this initiative, which


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will have a positive impact on the provision of clinical services and supports for children with disabilities,including those with Speech and Language difficulties.

The HSE manages the demand on its services in accordance with the level of resources available and

the priority needs identified in each area.


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Uimhir:240

Ceist Pharlaiminte


To ask the Minister for Education and Skills his views on the work of theNational Council on Special Education within the remit of the Ombudsman forChildren; the discussions that he has had with the Ombudsman's office or the

Department of Children and Youth Affairs on this issue; if he is consideringlegislation to bring about this change; and if he will make a statement on thematter.- Simon Harris.

* For WRITTEN answer on Wednesday, 11th January, 2012.Reference Number: 1067/12

Freagra


The Office of the Ombudsman for Children was established under the Ombudsmanfor Children Act 2002 by the Minister for Health and Children.

From June 2011, responsibility for the Ombudsman for Children Act 2002 was

transferred to the Minster for Children and Youth Affairs. I understand thatthe Office of the Ombudsman for Children has been in contact with theDepartment of Children and Youth Affairs regarding this matter. I alsounderstand that under this Act the inclusion of the National Council forSpecial Education within the remit of the Ombudsman for Children requires adraft Order to be laid before each House of the Oireachtas and a resolutionapproving this order approved by each such House.

The Department of Children and Youth Affairs have advised that they intend to

consult with my Department and with the Ombudsman for Children beforefinalising a proposal on this matter.


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Pending the making of any order by the Government to include the NCSE withinthe complaints and investigation remit of the Office of the Ombudsman forChildren, the Office and the NCSE have agreed an interim process through which

the concerns which had been brought to the attention of the Office would bebrought to the direct attention of NCSE for response.


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Disability and Domiciliary Care Allowance

Question No: 408 Ref Nos: 41219/111069/12

To the Minister for Social Protection

To ask the Minister for Social Protection when she expects to receive a report from the Chairperson ofthe Commission on Social Welfare and Taxation on payments to persons with disabilities; the terms of

reference of this report; her plans to publish this report; if there will be an opportunity for consultationwith and input from persons with disabilities into any review in this area; and if she will make astatement on the matter.

- Simon Harris.

* ForWRITTEN answer on Wednesday, 11th January, 2012.

R E P L Y


It is proposed to take Questions Nos.388 and 408 together.

Creating jobs and tackling poverty are two of the key challenges that we face. It is essential that our taxand social protection systems play their part in addressing these issues and ensure that work isworthwhile. To this end, I established an Advisory Group on Tax and Social Welfare in June of lastyear with the aim of harnessing expert opinion and experience in order to address a number of specificissues. These include making cost-effective proposals for improving employment incentives andachieving better poverty outcomes, particularly child poverty outcomes.

The Group has been asked to examine a number of specific issues and make recommendations onthese, including child and family income supports, working age income supports, the appropriate unit ofassessment in both the tax and social welfare codes, the interaction of the tax and social welfarecodes, issues concerning social insurance for self-employed people and any other issues that may bereferred to it.

While I received a progress report from the Advisory Group in advance of Budget 2012, the Group hasnot reached definitive conclusions on the future development of child income support payments.

However, I understand that the Group will be returning to this issue when it resumes its work this monthand that the Group will continue to prioritise this issue.


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I recently asked the Group to examine and report on the policy objectives underpinning the Budget2012 proposals regarding changes in eligibility criteria and rates of payment for Disability Allowanceand the increase in the age threshold for payment of Domiciliary Care Allowance and to assess theoverall effectiveness of these proposals in delivering on these objectives. In light of these extended

terms of reference, I expect that when the Group resumes its work, it will be examining its workprogramme for the coming months, including the need for a consultation process on this new issue.

The Groups overall method of working is based on producing m odular reports on the priority areasidentified in the terms of reference. Where possible, the aim is to provide recommendations that can beacted upon in time for the annual budget/estimates and legislative cycle and to allow the Government tobest address its commitments under the EU/IMF Programme of Financial Support.


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Question No 137 Ref No: 1655/12


To ask the Minister for Social Protection the rationale behind the exclusion of persons in receipt of the

disability allowance from labour activation and further education programmes such as jobbridge; and ifshe will make a statement on the matter.

- Simon Harris.

* ForWRITTEN answer on Thursday, 12th January, 2012.

REPLY


The National Internship Scheme provides internship opportunities of either 6 or 9 months forunemployed individuals on the Live Register, in organisations in the private, public and communityvoluntary sectors. The scheme is limited to individuals who are currently on the Live Register and havebeen in receipt of Jobseekers Allowance/Benefit or are signing on for credits for at least 3 of the last 6months.

My Department continues to monitor and review the operation of the JobBridge scheme including itseligibility criteria on an ongoing basis.

The eligibility to access the National Internship Scheme is based on the overall objective of labourmarket policy in ensuring a pathway to appropriate employment, training and education opportunitiesfor those on the Live Register. It is important that as employment opportunities become available theyare taken up by those on the Live Register. The structure for achieving this objective is through areinvigorated National Employment Action Plan (NEAP) which currently provides the framework forengaging with the unemployed.

Given the scale of the unemployment crisis, the key objective of labour market policy and of the NEAPwill be to keep those on the Live Register close to the Labour Market and prevent the drift into long-term unemployment. This will ensure that Live Register members availing of activation measures suchas the National Internship Scheme will, while retaining social welfare unemployment payments and atop up allowance of 50, get an opportunity to engage in the workplace, get work experience and so bein a position to avail of employment opportunities as the economy improves.

For these reasons, it has been proposed as a matter of public policy that eligibility for the scheme be

confined to those on the Live Register and in receipt of unemployment payments or signing for creditsfor 3 of the last 6 months. As such, the policy objective is to prioritise scarce resources on those on the


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Live Register so as to increase their chances of leaving it thereby ensuring a reduction in Exchequercosts over time.

Individuals in receipt of Disability Payments may access a wide range of activation supports including

the Work Placement Programme, which is designed to provide participants with valuable workexperience, thereby improving their prospects of securing employment.


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Question No. 138 Ref. No. 1656/12


To ask the Minister for Social Protection the number of applications for disability allowance for each ofthe years 2007 to 2011; if these figures will be broken down to indicate the total number of successfulapplications; the number of applications that were successful at first instance; the total number ofappeals made; the number of applications that were successful on appeal in tabular form; and if she willmake a statement on the matter.

- Simon Harris.

* ForWRITTEN answer on Thursday, 12th January, 2012.

R E P L Y


The statistics requested are in the tabular statement hereunder. The number of disability allowanceapplications that were successful at the first instance is not available.


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Question No. 409 Ref. No. 1070/12


To ask the Minister for Social Protection the number of persons in receipt of disability allowance agedbetween 16 years of age and 18 years of age; the number of persons overall in receipt of thisallowance; and if she will make a statement on the matter.

- Simon Harris.

* For WRITTEN answer on Wednesday, 11th January, 2012.

R E P L Y


At the end of December 2011, the number of persons in receipt of disability allowance who were aged

between sixteen to eighteen years of age was 2,985. The total number of persons in receipt ofdisability allowance was 102,866.


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Mental Capacity Bill

QUESTION NO: 193

DIL QUESTION addressed to the Minister for Justice and Equality (Mr. Shatter)by Deputy Simon Harris

forWRITTEN on Thursday, 12th January, 2012.

* To ask the Minister for Justice and Equality when he expects to publish a Bill on mental capacity; ifhe intends that Ireland will ratify the UN Convention on the Rights of People With Disabilities followingthe publication of this legislation; and if he will make a statement on the matter.

- Simon Harris

REPLY.The Government Legislation Programme, published on 11 January 2012, indicates thatthe Mental Capacity Bill is expected to be published in this session. The Bill will reformthe law on mental capacity taking into account the Law Reform Commission's Reporton Vulnerable Adults and the Law. The enactment of new mental capacity legislation isone of the core elements of the remaining work to be completed towards ratifying theUN Convention on the Rights of Persons with Disabilities.

It is the Governments intention to ratify the UN Convention as quickly as possible, taking into accountthe need to ensure that all necessary legislative and administrative requirements under the Conventionare being met.


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National Disability Strategy

QUESTION NOS: 595 & 596

DIL QUESTIONS addressed to the Minister of State at the Department of Justice and Equalityby Deputies

forWRITTEN on Wednesday, 11th January, 2012.

* 595. To ask the Minister for Justice and Equality the timeline in place for the publication of theNational Disability Strategy alongside an implementation plan for this strategy; the level of consultationthat has taken place to date with stakeholders in the disability sector, most crucially, directly withpersons with disabilities; and if he will make a statement on the matter.

- Simon Harris

REPLY.Minister of State at the Department of Justice and Equality, Kathleen Lynch T.D.The current Programme for Government commits to publishing, "following wideconsultation, a realistic implementation plan for the National Disability Strategy (NDS),including sectoral plans with achievable time scales and targets within available

resources and ensuring whole-of-government involvement and monitoring of theStrategy, in partnership with the disability sector".

As the Minister with responsibility for disability, in line with this commitment, I haveestablished and am personally chairing a new National Disability StrategyImplementation Group, which held its inaugural meeting on 30 November. This Groupincludes representatives of relevant Government Departments; the National DisabilityAuthority, which is the lead statutory agency and the County and City ManagersAssociation. It also include the Disability Stakeholder Group, which includes

representatives of service users and service providers as well as a number of peopleliving with disabilities, which I have appointed in their personal capacity.

The NDSIG is in the process of developing the required Implementation Plan for the NDS which willthen be implemented over the lifetime of this Government. It is the responsibility of each relevantMinister and their Department to make adequate resources available to meet their Departments'commitments in the National Disability Strategy.


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Service Provision and Residential Care

QUESTION NO: 939

DIL QUESTION addressed to the Minister of State at the Department of Health (Ms. Lynch)by Deputy Simon Harris

forWRITTEN ANSWER on 11/01/2012

* To ask the Minister for Health the progress made to date in implementing the commitments made inthe Programme for Government regarding funding and services for persons with disabilities; the time-frame for the implementation of the remaining measures; and if he will make a statement on the matter.

Simon Harris T.D.

REPLY.The provision of health and personal social services for people with disabilities was considered as partof a comprehensive spending review in 2011. In addition a Value for Money Review of DisabilityServices is due for completion in the first quarter of 2012 and the Report of the Expert Reference Groupon Disability Policy will be submitted for Ministerial and Government approval within the same timeframe.

Decisions in relation to funding individual care programmes such as disability services and servicelevels for 2012 will not be made until the Minister approves the Health Service Executive National

Service Plan for 2012 in accordance with the Health Act 2004.


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QUESTION NO: 221

DIL QUESTION addressed to the Minister of State at the Department of Health (Ms. Lynch)by Deputy Simon HarrisforWRITTEN ANSWER on 12/01/2012

* To ask the Minister for Health the progress made to date in implementing the Programme forGovernment commitment to introducing personal budgets for persons accessing disability services;when it is expected personal budgets will be introduced; and if he will make a statement on the matter.

- Simon Harris

REPLY.The funding of disability services by the Department of Health is the subject of a detailed Value forMoney and Policy Review as part of the Governments Value for Money Reviews for the period 2009 to

2011.

As part of the overall VFM review, a separate Expert Reference Group on Disability Policy wasestablished to look specifically at existing disability policy and whether it needs to be changed to better

meet the expectations and objectives of people with disabilities. As part of this review, a publicconsultation process on existing disability services was also undertaken which confirmed that peoplewith disabilities and their families, more than anything else, are looking for more choice in the servicesthey receive and more control over how they access them.

The report proposes a very significant reframing of disability services towards a model of individualisedsupports, underpinned by mainstreaming of all public services. On this basis, State funding would beallocated based on an independent assessment of individual needs. Following the needs assessments,individual support plans would then be drawn up and individualised budgets allocated from which thesupports and services needed would be purchased.

A number of mechanisms are proposed to achieve this, including a broker system where the personhas the choice and control but the broker administers the budget and commissions supports andservices on their behalf, or direct payments where the person manages the budget and purchases thesupports themselves.

The Groups final report has already been the subject of both internal consultation within the

Department of Health and external consultation with other Government Departments. The Report wasalso released in October last for the public and interested parties to have their say on the future

direction of disability policy in this country.


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The Department received 94 submissions from individuals and organisations. The submissions from thepublic consultation on the Disability Review are currently being considered by officials in theDepartment. Following this exercise, it is my intention to look at the VFM Review, which is nearingcompletion, and the Disability Review together and in conjunction with Minister Reilly to ensure that

proposals for the future of disability services are brought to Government.


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QUESTION NO: 222

DIL QUESTION addressed to the Minister of State at the Department of Health (Ms. Lynch)

by Deputy Simon HarrisforWRITTEN ANSWER on 12/01/2012

* To ask the Minister for Health if he will provide an update on the current review of disabilityspending, and details on the group of persons conducting the review; the manner in which they wereappointed; the remit of the review group; the time-frame for the completion of the review; and if he willmake a statement on the matter.

Simon Harris T.D.

REPLY.The Value for Money and Policy Review (VFM&PR) of the Efficiency and Effectiveness of DisabilityServices in Ireland is being undertaken in the context of the Governments Value for Money & Policy

Review Initiative 2009-2011 and is due to be completed in the first quarter of 2012. The review, whichencompasses statutory and non-statutory service providers, is assessing how well current services forpeople with disabilities are meeting their objectives and how the future planning and development ofservices should be supported and delivered.

As part of the overall VFM review, a separate Expert Reference Group on Disability Policy wasestablished to look specifically at existing disability policy and whether it needs to be changed to bettermeet the expectations and objectives of people with disabilities. The Groups final report has been thesubject of internal consultation within the Department of Health and with other GovernmentDepartments. During November 2011 it was released for public consultation and submissions receivedon foot of this are now being considered.

On completion, it is my intention to look at both reports together and in conjunction with Minister Reillyto ensure that proposals for the future of our disability services are brought to Government for itsconsideration and publication in due course.

A Steering Group has been established to oversee the VFM&PR. The Steering Group is chaired by anindependent chairperson, Mr. Laurence Crowley, and has two other independent members, as well asmembers drawn from the Disability Sector, Department of Health, the Department of Finance, theDepartment of Public Expenditure and Reform and the HSE. Members of the group were appointed inline with the Department of Finance Value for Money and Policy Review Initiative 2009-2011 guidelines.The Members of the Steering Group are:


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The Terms of Reference for the review are as follows:I. Identify the objectives, which have pertained to date, for the disability services programme in

the health sector.II. Examine the current validity of those objectives and their compatibility with the overall strategyof the Department of Health, the National Disability Strategy and Towards 2016.

III. Define the outputs associated with the programme activity and identify the level and trend ofthose outputs.

IV. Identify any issues with the availability of information regarding current outputs and outcomes.V. Examine the extent to which the programmes objectives have been achieved, and comment

on the effectiveness with which they have been achieved.VI. Identify the level and trend of costs and staffing resources associated with the disability

services and thus comment on the efficiency with which it has achieved its objectives. Compare

overall costs, including wage costs and non-pay costs, across the sector [both statutory and non-statutory].


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VII. Having regard to the range of providers of disability services, examine whether there is scopeto minimise overheads, including administrative costs, management structures, research,advertising, profile-building, and infrastructure costs.

VIII. Evaluate the degree to which the objectives warrant the allocation of public funding on acurrent and ongoing basis and examine the scope for alternative policy or organisationalapproaches to achieving these objectives on a more efficient and/or effective basis.

IX. Specify potential future performance indicators that might be used to better monitor theperformance of the disability services programme.

X. A final robust report containing findings and recommendations in relation to TORs 1 to 9 above.


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QUESTION NOS: 223 to 225

DIL QUESTIONS addressed to the Minister of State at the Department of Health (Ms. Lynch)


* To ask the Minister for Health the amount spent by the State in providing services for persons withdisabilities for each of the years 2007 to 2011; the amount which was paid to private service providersfor this purpose in tabular form; and if he will make a statement on the matter.

- Simon Harris

For WRITTEN answer on Thursday, 12th January, 2012.

* To ask the Minister for Health the level of consultation undertaken between him and private serviceproviders for persons with disabilities to ensure that value for money is obtained; the basis on whichprivate service providers are evaluated; if he is able to track the amount spent on service provision forthe end user; and if he will make a statement on the matter.

- Simon Harris


* To ask the Minister for Health the mechanisms available to him to prevent an unnecessaryduplication of services, among disability service providers serving the same catchment area; and if hewill make a statement on the matter.

- Simon Harris


REPLY.Specialist disability services are provided in a variety of community and residential settings inpartnership with service users, their families and carers, and a range of statutory, non-statutory,voluntary and community groups. Some services are delivered directly by the Health Service Executive(HSE) and include basic health services as well as assessment, rehabilitation, community based careand residential care. Most specialist disability services are provided by voluntary organisations withfunding from the HSE. The integral role of the non-statutory, voluntary and community groups is ofparticular relevance in the disability sector. These agencies provide a very significant and broad range

of services in partnership with and on behalf of the HSE.


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The statutory basis for this is Sections 38 and 39 of the Health Act 2004, which is now the primarylegislative provision under which funding is made to non-statutory bodies in the State by the HSE.There are over 500 diverse voluntary providers delivering disability services on behalf of the State.However the core group of providers which deliver the majority of residential, day, respite and personal

assistants services amount to roughly 75 organisations. Arising out of a C&AG Report in this area theHSE introduced a new governance framework in 2009. The Service Level Arrangement or Grant AidAgreement between the HSE and the Service provider governs the funding relationship between therelevant bodies and formalises a relationship between both parties which seeks to address the needs ofeach in an open way. It ensures that robust and equitable agreements are put in place based on aformal specification of services to be provided in return for funding and agree clearly defined servicelevels, outcomes and performance indicators.

The HSE spends approximately 1.5 billion on specialist disability services through the arrangements

outlined above and, in this context I have asked the HSE to answer the specific queries you have

raised and to reply to you directly.


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QUESTION NO: 220

DIL QUESTION addressed to the Minister of State at the Department of Health (Ms. Lynch)


* To ask the Minister for Health the progress made to date in implementing the Programme forGovernment commitment to put the standards for residential care for persons with disabilities on astatutory footing; if this will extend to those providing home care facilities; and if he will make astatement on the matter.

Simon Harris T.D.

REPLY.As the Deputy will be aware, residential services for people with disabilities are currently unregulated.This is acknowledged as a matter of concern. The legislative framework for the regulation of theseservices is provided for by the Health Act 2007, which envisages a role for the Health Information andQuality Authority, HIQA, in this regard. Part 7 of the Act outlines the role of the Office of the ChiefInspector of Social Services in terms of registering and inspecting designated centres for people withdisabilities.

HIQA has prepared and published standards for this sector, which outline what is expected of aprovider of services and what a person with a disability, his or her family, and the public can expect toreceive from residential care services. They clearly set out what a quality safe residential service forpeople with disabilities should be and support the delivery of person-centred care in this sector.

The Government is committed to ensuring that vulnerable people with disabilities in residential servicesare safeguarded and protected, and that their quality of life is enhanced. With this in mind, the currentProgramme for Government commits to mandatory standards for this sector and inspections of services

by HIQA.

As I announced on 16th June last, discussions have begun between the Department of Health andHIQA to progress this commitment. Given the complex nature of residential service provision for peoplewith disabilities, ranging from congregated settings to dispersed housing in the community, carefulconsideration is being given to designing the most appropriate regulatory model and this work isongoing. A target date of January 2013 has been provisionally set for the commencement of theproposed regulatory scheme.

Part 7 of the Health Act 2007 does not provide for this arrangement to be extended to home carefacilities.


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Transport

Dil QuestionNo: 248

To ask the Minister for Transport, Tourism and Sport his plans to introduce mechanisms to reduce theabuse of disabled driver parking spaces by non-disabled drivers; and if he will make a statement on thematter.

- Simon Harris.


Ref No:

1659/12

Answered by the Minister for Transport, Tourism and Sport

Leo Varadkar

REPLY

Disabled parking spaces are provided for the use of people who have a legitimate need and havequalified for a disabled parking permit. Unfortunately there are abuses, in particular people parking indisabled spaces without a permit, people using permits issued to someone else, and peopleusing forged permits. All of these abuses are particularly deplorable because they deprive those whogenuinely need them of access to appropriate parking spaces.

In 2010, my Department published a study of the workings of the Disabled Parking Scheme. The studynoted a number of measures taken already to enforce the Scheme, including the fact that the penaltyfor illegal parking in a disabled parking space is double that for any other parking offence, and thatGarda and traffic wardens have been given powers to inspect permits and consfiscate permits whichare false or being used illegally.

Since the study was published, my Department has agreed terms and conditions for the Scheme withthe Disabled Drivers Association of Ireland (DDAI) and the Irish Wheelchair Association (IWA), the two

bodies charged with oversight of the Scheme. These provide a number of grounds on which permitsmay be withdrawn if they are abused. The DDAI and IWA have improved the permit in order to make


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forgery more difficult. In addition, I have revised the legislation governing the Scheme to ensure thatpermits go to those truly in need. On-street-enforcement of the Scheme is a matter for An GardaSochna and for traffic wardens.

At present, I am satisfied that the existing laws and enforcement powers are sufficient. However, myDepartment remains in ongoing contact with the DDAI and IWA, and I remain open to considering anyimprovements to the Scheme which may be needed in future.


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