David Stanton (Cork East, Fine Gael)
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Question 62: To ask the Minister for Health and Children the progress her Department has made in relation to the implementation of Part 2 of the Disability Act 2005 for children aged five to 18; when Part 2 will come into effect for this age group; and if she will make a statement on the matter. [7390/08]

David Stanton (Cork East, Fine Gael)
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Question 83: To ask the Minister for Health and Children the progress her Department has made in relation to the implementation of Part 2 of the Disability Act 2005 for children aged five to 18; when Part 2 will come into effect for this age group; and if she will make a statement on the matter. [7389/08]

David Stanton (Cork East, Fine Gael)
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Question 84: To ask the Minister for Health and Children the position regarding the implementation of Part 2 of the Disability Act 2005 for children aged five to 18 in tandem with the Education for Persons with Special Educational Needs Act 2004; the way in which assessments and services will be provided for children aged over 16 and under 18 years who are not in school; and if she will make a statement on the matter. [7391/08]

Jimmy Devins (Sligo-North Leitrim, Fianna Fail)
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I propose to take Questions Nos. 62, 83 and 84 together.

The National Disability Strategy, which was launched in September 2004, provides for a framework of new supports for people with disabilities. The Strategy builds on a strong equality framework, which is reflected in several pieces of equality legislation. The main elements of the Strategy are:

The Disability Act 2005;

The Education for Persons with Special Educational Needs Act (EPSEN) 2004;

Six Outline Sectoral Plans published by Government Departments;

The Citizens Information Act 2007

The Multi-Annual Investment Package as committed to by Government has been put in place to support these measures. One of the most important aspects of the Department of Health and Children's Sectoral Plan is the arrangements for commencing Part 2 of the Disability Act, 2005. Part 2 of the Disability Act 2005 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.

In particular 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

Pursue a complaint through the Health Service Executive complaints process if necessary

Make an appeal to the independent Disability Appeals Officer

The arrangements for Part 2 of the Disability Act 2005 cannot be considered in isolation from the arrangements for the implementation of the EPSEN Act 2004 which is the responsibility of the Department of Education and Science and provides for educational services for people with disabilities. The Department of Education and Science has informed the Department that it is envisaged that all sections of the EPSEN Act 2004 will be implemented over a five year timeframe, with the assessment process as provided for in the EPSEN Act 2004 due to commence in 2010. It is proposed that Part 2 of the Disability Act 2005 will be commenced in respect of children aged 5-18 in tandem with the implementation of the EPSEN Act 2004. In preparation for its implementation, health related support services for children aged 5 to 18 and adults will continue to be enhanced to enable the Health Service Executive to meet needs identified for this group. The statutory requirements of Part 2 of the Disability Act will be extended to adults as soon as possible but no later than 2011.

A Cross Sectoral team comprising of the Department of Health and Children, Department of Education and Science, the Health Service Executive and the National Council for Special Education was established and meets on a regular basis and continues to address issues arising in relation to the implementation of both Acts. A sub-group of this team was set up in January 2008 in order to plan for the commencement of Part 2 of the Disability Act 2005 and the relevant sections of the EPSEN Act 2004 in respect of children aged 5-18 and adults.

The Department of Health and Children and the Health Service Executive has undertaken the first of three annual reviews of progress on the Sectoral Plan, which was published in December 2007, and is available on the Department's website. Further targets have also been identified, specifically in relation to planning for the parallel commencement of the Disability Act 2005 and the EPSEN Act 2004 for 5-18 year olds and adults.