Kathleen Lynch (Cork North Central, Labour)
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Question 230: To ask the Minister for Health and Children the progress made in regard to the commitment given in the Programme for Government to commence by June 2007, the provision for an independent assessment of need for all children with disabilities under five years of age as a legal right. [18527/08]

Kathleen Lynch (Cork North Central, Labour)
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Question 231: To ask the Minister for Health and Children the progress made in regard to the commitment given in the Programme for Government to build on this by providing a legal right to independent assessment for all persons with disabilities. [18528/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 230 and 231 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; A Multi-Annual Investment Package, totalling some €900 million over the period 2006-2009.

The Disability Act 2005 is one of the central elements of the Strategy. Part 2 of the Act sets down a range of statutory entitlements which are designed to underscore the engagement of people with disabilities with everyday life. In particular, Part 2 provides a statutory entitlement to: An independent assessment of health and education needs; A statement of 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.

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. 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 which 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 2005 will be extended to adults as soon as possible, but no later than 2011.

A Cross-Sectoral team comprising the Department of Health and Children, the 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 to 18 and adults.