David Stanton (Cork East, Fine Gael)
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Question 117: To ask the Minister for Health and Children when she will ensure that all persons with disabilities have a legal right to independent assessment of need; and if she will make a statement on the matter. [8514/08]

David Stanton (Cork East, Fine Gael)
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Question 193: To ask the Minister for Health and Children when she expects to receive the report from the Health Service Executive in relation to the aggregate needs identified in assessment reports prepared including an indication of the periods of time ideally required for the provision of the services, the sequence of such provision and an estimate of the cost of such provision as outlined in section 13(2) of the Disability Act 2005; if it is her intention to publish same; and if she will make a statement on the matter. [7921/08]

David Stanton (Cork East, Fine Gael)
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Question 194: To ask the Minister for Health and Children if the Health Service Executive is maintaining records as per section 13(c) of the Disability Act 2005 specifying the aggregate needs identified in assessment reports which have not been included in the service statements; the aggregate needs identified in assessment reports which have not been met through services; and if she will make a statement on the matter. [7922/08]

David Stanton (Cork East, Fine Gael)
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Question 195: To ask the Minister for Health and Children the number of applications for assessments made under section 9 of the Disability Act 2005; the number of assessments completed to date respectively; and if she will make a statement on the matter. [7923/08]

Jimmy Devins (Sligo-North Leitrim, Fianna Fail)
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I propose to take Questions Nos. 117, 193, 194 and 195 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 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 the National Disability Strategy.

The Disability Act 2005

The Disability Act 2005 is a central element of the National Disability Strategy. The Act is a positive measure designed to advance and underpin participation by people with disabilities in everyday life.

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 1 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.

With regard to the Deputy Stanton's query on the number of applications for assessments made under Section 9, the assessment of need process is a matter for the Health Service Executive and I have referred this matter to the Health Service Executive who will be in a position to provide information in terms of the numbers involved.

Section 13 of Part 2 of the Disability Act 2005 requires that specific information, as listed in Section 13 paragraph 2, is contained in a report that will be compiled by the Health Service Executive and submitted to the Minister, within six months after the end of each year, indicating what additional services are required to meet identified needs, what the ideal timeframe for delivery of such services would be and the estimated costs involved. The Health Service Executive will submit the first Annual Report to the Minister for Health and Children by the 30 June, 2008, and annually thereafter. The Disability Act 2005 requires that the report be published by the Health Service Executive within one month of its submission to the Minister.

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. 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. 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.

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, and this first review which was published in December 2007, 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.