Ciarán Lynch (Cork South Central, Labour)
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Question 74: To ask the Minister for Health and Children the number of assessments that have been requested under part two of the Disability Act 2005 since it became law on 1 June 2007; the number of assessment reports that have been completed; if complaints have been lodged regarding assessment reports; the measures that have been implemented to raise public awareness of the right to an assessment under the Act; and if she will make a statement on the matter. [29021/07]

Jimmy Devins (Sligo-North Leitrim, Fianna Fail)
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Part 2 of the Disability Act 2005 provides people with disabilities with an entitlement to:

An independent assessment of health and education needs

A statement of the services (Service Statement) which it is proposed to provide, which will be prepared by a Liaison Officer

Pursue a complaint through the HSE complaints process if necessary

Make an appeal to the independent Disability Appeals Officer against a finding or recommendation of a complaints officer's report or against the non-implementation by the HSE or education service provider of a recommendation of a complaints officer

Part 2 of the Disability Act 2005 has commenced for children aged under 5 years with effect from 1st June 2007. This prioritisation reflects the importance of intervention early in life, which can have a significant impact on the disabling effects of a condition or impairment. Part 2 will be commenced in respect of children aged 5-18 in tandem with the implementation of the EPSEN Act. The statutory requirements of Part 2 of the Disability Act will be extended to adults as soon as possible but no later than 2011.

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.