Kathleen Lynch (Cork North Central, Labour)
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Question 45: To ask the Minister for Health and Children the elements of the Disability Act 2005 which relate to her Department that have not been commenced; when they will be commenced; and if she will make a statement on the matter. [22157/08]

John Moloney (Laois-Offaly, Fianna Fail)
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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 include:

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, and

A Multiannual Investment Package, amounting to €900 million over the years 2006 to 2009.

The Disability Act 2005 remains the central component of the National Disability Strategy. While the legislation was sponsored by the Department of Justice, Equality and Law Reform, the Department of Health and Children, together with the HSE, are charged with specific statutory duties, most notably concerning the implementation of Part 2 of the Act.

As the Deputy is aware, intervention early in life can have a significant impact on the disabling effects of a condition or impairment. In recognition of this, Part 2 of the Disability Act 2005 was commenced for children aged under 5 years with effect from 1 June 2007. This provides parents of young children with disabilities an entitlement to an independent assessment of their child's health and education needs and a statement of the services which it is proposed to provide for them. To date over 1,800 applications for an assessment of need have been received and are being processed by the HSE.

Representatives of the Department of Health & Children, the Department of Education & Science, the Health Service Executive and the National Council for Special Education meet on a regular basis to address a range of issues, including matters arising in relation to the ongoing implementation of the Disability Act 2005. This work includes planning for the roll out of Part 2 of the Disability Act 2005, in tandem with the Education for Persons with Special Educational Needs Act 2004 (EPSEN Act). This legislation, which is the responsibility of the Department of Education & Science, provides for the provision of education services for people with disabilities. The Department of Education & Science has informed my 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.

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.

The recently-established Office for Disability and Mental Health will focus in particular on facilitating the delivery of integrated health and education support services for children with special needs, by further developing these existing mechanisms for co-operation and co-ordination between the health and education sectors.