Dáil debates

Thursday, 23 November 2006

Citizens Information Bill 2006: Second Stage (Resumed)

 

12:00 pm

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)

I thank all those who contributed to a long debate on the Citizens Information Bill. I was able to listen to every speaker who contributed. I took careful notes of the points made by Deputies on all sides of the House. I thank them for giving the Bill such detailed and serious consideration and I look forward to teasing out some of the outstanding issues on Committee and Remaining Stages and during its passage through the Seanad. I hope we can complete the legislation before the recess in order that the advocacy service can be implemented.

The Bill is designed to meet the needs of people with disabilities in a changing 21st century Ireland. It seeks to bring the provision of information on State services into the modern era by rebranding, redesigning, refocusing and modernising. The Bill proposes the provision of personal advocates for people with disabilities. I am glad Members on all sides of the House indicated their support for those objectives. We can deal with any points that have been raised in respect of them.

I wish first to deal with the change of name. We gave this matter long and careful consideration. It is with great reluctance that I would drop an Irish phrase or dilute our commitment to the Irish language in any way. It would ill behove someone such as me who comes from the west to try to do something of that nature. However, there was a larger issue at stake. In trying to place a new focus on the provision of information, and remembering that Comhairle is charged with providing information relating not only to my Department but also to all State social services, I took the view the time had come to try to put in place a coherent brand with which we could move forward and which would be easily identifiable by members of the public in the context of the provision of State-funded information services. I also wanted to put in place a strategy to strengthen the public profile of the information services provided by citizens information centres throughout the country.

In considering this matter, I formed the opinion that having an organisation called Comhairle with a website called Oasis which funds citizens information centres is too much for people to take on board. The very first duty of any information provider is to ensure that it and its services are easy to locate. This new structure will make matters easier for people. If the House approves the legislation, the title "Citizens Information Board" will apply nationally as well as locally. All of the very fine citizens information centres throughout the country use that title and there is great support for it and the national body funds them on behalf of the taxpayer. However, it does not own or operate the centres. In that context, I felt it important to try to engage in a clean and crisp rebranding that provided evidence of our joined-up approach to this matter. That is why we will have a citizens information website rather than Oasis. We will also part company with the title "Comhairle" and move on to a national body that will be termed "the Citizens Information Board".

The change of name will focus the board on the nature of its work. Comhairle has done a fine job but I would like to refocus it on what it must now do, namely, to ensure a citizen or anyone else who wants information can obtain it. In addition, there will be a certain clarity with regard to the national organisation and its local counterparts.

A number of Deputies queried the use of the word "citizen". I see their point. When I came to address this issue, I was concerned as to whether non-citizens would feel that we were somehow failing to take account of their needs. I consulted some of the immigration bodies and organisations and discovered they did not have an issue with it because people tend to see themselves as citizens of Europe and aspiring citizens of Ireland. Immigrants are not of the opinion that because, in technical terms, they are not Irish citizens, the title does not refer to them. It would not make sense to try to change the names of the various citizens information centres. The logical step was, therefore, to proceed in the manner outlined in the Bill.

The additional costs relating to rebranding will be imposed over a period and will not be hugely significant. All the documentation — booklets, forms etc. — must be continually updated in any event. This will not be a major commercial rebranding and I am not overly concerned about it.

The change of name is being done to help the customer. I was of the view that trying to move forward using the titles "Comhairle", "Oasis" and "citizens information centres" would be too confusing. We will now have the citizens information board, the citizens information centres and the citizens information website. The new brand will mean everyone will automatically be aware that if they require any information regarding State social services, they can immediately consult the new citizens information structure.

Deputies Carey and Sargent queried the translation of the word "information" into Irish. Officials of my Department made further inquiries of the Oireachtas translation service and were informed the translators reserve the word "faisnéis", as distinct from "eolas" which translates as "knowledge", to refer to "information" in legislation. The distinction is important in translations of legislation because both words can appear in the same sentence. The word "faisnéis" has been used for many years to translate the word "information" into Irish — for example, An tAcht um Shaoráil Faisnéise or the Freedom of Information Act.

Deputies referred to the use of the word "faisnéis" in the context of "forecast". The use of the word has been clarified by the translation service in the context of the word réamhfhaisnéis, as in réamhfhaisnéis na haimsire. In this regard, "réamh" translates "beforehand" or "preliminary", rather than "forecast", and "fhaisnéis" translates as "information". As we will discover in the next ten days or so, "cáin-fhaisnéis" is the Irish for "budget" and translates as "information about taxes". The meaning of "faisnéis" in the Foclóir Gaeilge-Béarla by Ó Dónaill is "information, intelligence, report", including in legal references. The translation service has explained that although "eolas" is often used to denote information in other situations, in the legislative context, "faisnéis" is the appropriate word to use to render "information". In light of this further consideration of the matter by the translation service, I believe we should continue to use the word "faisnéis".

Deputies Stanton, Penrose, Dennehy, Lynch and others referred to resources. In 2006, €24.36 million was allocated by the Department to fund services provided by Comhairle. This includes €250,000 for the start-up of personal advocacy services and €150,000 for the preliminary work this year relating to interpretation services for deaf people. A total of €2.012 million of the overall allocation has been provided specifically for the programme of support in the community and voluntary service. By the end of 2006, 31 projects funded under the programme will be in place throughout the country. We are committed to the progressive development of advocacy services to meet the needs of people with disabilities in line with the national disability strategy, to which some Deputies referred. The Estimates provide for an allocation of €26.5 million for the citizens information board in 2007. While further discussion and internal decisions are required, approximately €2.5 million of this amount will be used in respect of the advocacy service. However, that figure needs to be finalised.

Deputies also inquired about the research undertaken in respect of the demand for personal advocacy services. A report on developing advocacy services for people with disabilities was published by Comhairle in July 2004. This brought forward a great deal of independent evidence and research. The consultation process undertaken as part of the work identified those who have the greatest need for advocacy services as people with intellectual disabilities, those who are mentally ill and, in particular, people with long-term illnesses. These categories also include people with disabilities who are in residential institutions. Data compiled for the report indicates 26,600 people are registered on the national intellectual disability database. Of these, 9,200 are children.

A total of 14,800 persons with mental or intellectual disabilities are in hospitals and full-time residential and community facilities. People with disabilities in these categories who have difficulty in accessing social services without the support of a personal advocate will be prioritised by the new service. It is important to recognise that many people with disabilities receive support from carers, parents, brothers and sisters who act in their best interest and insist on securing their needs. In those cases an advocacy service may not be required but an application can still be made.

The future demand for personal advocacy services will be kept under constant review by the CIB and the Department. The resources needed for this service will continue to be a priority in the annual Estimates and future budgets. Consideration can be given to whatever further investment is needed in the service in the preparations for the upcoming budget. I have outlined the resources needed to operate a professional and solid advocacy service nationally and we are committed to ensuring they will be made available.

Deputy Stanton asked about the director and his staff, his remit, the service's location and recruitment. It is planned that the director of the service and between four and six personal advocates and support staff will be recruited in the initial phase. The director will initially be based in Dublin but, as decentralisation of the CIB's headquarters progresses, he or she and immediate staff will move to Drogheda. The objective is to ensure a good regional spread of personal advocates initially. The work of the personal advocates will involve meeting people in the personal advocacy service offices. However, the intention is to provide an accessible service, which will involve working with people in their own residential setting if they require it.

Deputies Penrose, Stanton and others suggested the director should have responsibility for the support programme for services in the community and voluntary sectors and for the advocacy work the CIB undertakes supporting people in accessing information and advice about their entitlements. I am advised by the board that the focus of attention of the director will be on the development of the new professional service to meet the needs of those most in need of the residential service. The board will, however, review the operation of the personal advocacy service routinely. It will continue to measure and assess the appropriateness of the structures in place as the service evolves. The legislation requires that the Minister of the day should be advised about future structures and possibilities and that will be kept under constant review.

Many Members referred to the work of the personal advocate. It is intended to provide a professional, high quality service. The guiding principles will be independence and ensuring full monitoring of their work and activities. In 2005 Comhairle published guidelines for the delivery of the service, which addressed many of the issues raised by Members about the quality, independence and professionalism which must be at the heart of the personal advocacy service. That is the clear intention of the legislation and the clear wish of the House. The need for quality will have to be followed through as the legislation evolves.

The guidelines also made suggestions about the skills and qualifications expected of a personal advocate. Many Members asked what kind of people would be hired as personal advocates. They are likely to be drawn from a variety of professions with experience of dealing with people with disabilities, many of whom will have been clients of theirs. In general, advocates will probably be expected to have attained a third level qualification, a minimum of three years experience in a relevant area and good judgment. The criteria will be developed as the advocates are sought. I intend to table an amendment to section 5 on Committee Stage providing that the CIB must set out in broad terms the qualifications, skills and experience required to become a personal advocate. Members were anxious that these should be laid out by the board well in advance and standards should be high.

I acknowledge the concerns of Members regarding people who may not be aware of the potential of the personal advocacy service because of their disability. Action is planned on three levels to ensure a proactive, accessible service, which will be designed to target people with disabilities who are most in need of a personal advocate to speak on their behalf and to assist them in accessing the service. The board will undertake a programme to promote awareness about the new facility. Service providers such as general practitioners, public health nurses, social workers, hospital, residential and day care staff and public representatives will be targeted with information about the service. The personal advocacy service will undertake training initiatives and hold seminars and meetings so that the service is widely promoted among those who work with people with disabilities, their carers and the wider public.

I intend to table a number of amendments on Committee Stage. One will make provision for the director of the personal advocacy service to proactively follow up cases. Members were concerned that this should happen, particularly in respect of people who are vulnerable and who might need a personal advocate. I will propose a legal requirement to ensure the director will adopt a proactive rather than a passive approach. I will also provide that anybody may apply on behalf of the person with the disability to the director of the personal advocacy service for the assignment of a personal advocate. That is important in improving the effectiveness of the service. I will make provision that, in such cases, the decision on qualification should be notified to both the applicant and the person who applies on his or her behalf. I will elaborate on this during the Committee Stage debate.

I have asked the CIB to establish a committee, which should include representatives of disability interest groups, to advise the Minister on what further measures can be put in place at administrative level to ensure people with disabilities most in need of the new service are targeted for attention. The programme of support for the development of advocacy services has a fundamental role in promoting knowledge and understanding of the contribution the service can make in representing people with disabilities. At the end of the year, 31 projects will be in place throughout the State involving a range of organisations working with people with disabilities.

For example, the community visitors programme to be introduced by the citizens information board in the coming years will provide another channel through which people with disabilities who may be in need of support can be helped to access the service of a personal advocate. Everything possible will be done to ensure that whoever requires the service is aware of it and that the service can be applied for and made available with a minimum of bureaucracy and difficulty.

Volunteer community visitors will undertake regular visits to residential facilities, including respite care facilities, identify issues and problems from the perspective of the residents and refer cases to the personal advocacy service and community and voluntary organisations. The citizens information board has set a target to recruit and train more than 100 volunteers in the coming years, which will allow for visits once per quarter to residences where there are people with disabilities. If we need to increase the frequency of visits, the board can examine the matter.

The provisions of the Bill, the board's plans to promote information on the advocacy service, the planned community visitors programme and the committee of the board established to advise me on additional measures amount to a proactive service that will target and identify the people with disabilities most in need of it to ensure that no stone is left unturned in bringing the advocacy service to their attention. The amendments I will propose will try to give effect to this aim. I have addressed the question concerning qualification criteria.

We will be able to quantify the demand for services as time passes. There is a consensus in all of the research and the outcome of the consultation process that certain clients are more vulnerable than others. It is intended to prioritise them during the initial stages. Adults with learning disabilities, people with mental health issues, particularly those with long-term illnesses, and people with disabilities in residential institutions will have first call on the advocacy service.

The qualifying criteria for the assignment of a person has been devised to take account of these matters and to ensure that those who are most at risk of harm to their health and welfare have easy and ready access to the specialised personal advocacy service. It is important that we not try to do everything initially. The way in which the board shall determine the order of priority in the assignment of personal advocates is set out in section 5, the amendments to which will bring greater focus to the area.

I support the points made concerning the role of carers and the benefits they bring. A considerable amount of progress and additional investment has been made in this regard and I would be surprised if the upcoming budget was not of further assistance.

Many Deputies, including Deputies Lynch, Naughten and Stanton, raised the matter of the family income supplement or FIS. A valuable service, it keeps many people who are on low incomes from slipping back to welfare payments and puts them on the ladder. There are publicity initiatives in this regard. For example, information on FIS is contained in all child benefit books, FIS entitlements are examined in respect of all back to work allowance applicants, information is given to all one-parent families when they are awarded one-parent family allowances and all employers have received information in PRSI mail shots.

I may discuss with officials whether there is scope to do more in respect of the FIS information contained in the tax clearance certificates issued by the Revenue Commissioners at the beginning of every year. A box on the form mentions FIS, but there may be scope to do more. People on low incomes who are in receipt of tax credits comprise our FIS client base. I will discuss the matter with the Revenue Commissioners because, if agreement can be reached, using the Revenue database would be a strong way to promote FIS.

Deputies are aware that FIS is advertised in local and national newspapers and via outdoor posters and posters in every welfare office and post office and that there are freefone services and information in libraries. It is heavily promoted. As a result of the campaign asked for by Deputies, the number of recipients is increasing substantially. On the week ending 3 November 2006, the latest date for which we have figures, 20,900 families were in receipt of FIS, the highest number on record. To date in 2006, the Department has received 28,499 FIS applications compared to 19,368 applicants in the corresponding period in 2005. I credit the additional awareness schemes and publicity with bringing in the additional number. Deputies can take some credit because they raised the matter in the House constantly. I will continue to maintain pressure to ensure that everyone who is entitled to FIS gets it.

I will gladly deal with any matter that I have not addressed. The legislation is a modern rebranding and refocusing of the provision of information on a social service to everyone who requires it. The legislation will be a leap forward in the provision of information via the Internet, telephones, e-mails, local offices and so on. It delivers on the strong commitment of every Deputy to people with disabilities to do them the honour of ensuring that they receive the services to which they are entitled. It will introduce a new era of providing an advocate to any person with a disability who needs access to State services, which is the least a civilised society can do at this stage of its development.

I thank Deputies on all sides of the House for their welcome for and consideration of the legislation. We can tease out a number of issues on Committee Stage.

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