David Stanton (Cork East, Fine Gael)
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Question 351: To ask the Tánaiste and Minister for Health and Children further to Question No. 369 of 28 September 2005, if her Department's consultation process with the Department of Education and Science on the commencement of the provisions of Part 2 of the Disability Act 2005 has been completed; if the statutory regulations have been prepared; the timescale for the full commencement of the provisions of Part 2 of the Disability Act 2005; and if she will make a statement on the matter. [3277/06]

Tim O'Malley (Limerick East, Progressive Democrats)
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Significant preparatory work related to the implementation of the provisions of Part 2 of the Disability Act 2005 has been undertaken to date by my Department with the Health Service Executive. In particular, a programme of consultation will take place over the next three months which is specifically designed to involve key stakeholders in the formulation of the structure which will support the delivery of the assessment of need process. The outcome of this process, together with other preparatory work, including mapping and identifying capacity and operational resources, will provide the basis for drafting the necessary regulations provided for in Part 2, and inform my Department in relation to the timescale for the full commencement of the provisions of Part 2.

The preparatory work regarding Part 2 of the Disability Act 2005 also has to take account of the related provisions in the Education for Persons with Special Educational Needs Act 2004. These relate to the assessment of children with special educational needs and the delivery of appropriate health-related support services by the Health Service Executive. These two legislative measures are complementary, with the same standards applying to the assessment processes provided for in both Acts. The Department of Health and Children and the Health Service Executive are working with the Department of Education and Science and the National Council for Special Education to progress these matters.