David Stanton (Cork East, Fine Gael)
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Question 248: To ask the Minister for Health and Children the details of the discussions officials from her Department and the Health Service Executive have had with the National Council for Special Education in relation to the educational needs of adults and contact with local authorities and other Government Departments and agencies regarding the sharing of information on assessed needs which are outside her Department's remit as per commitments in her Department's Disability Act sectoral plan; the protocols developed as a result; and if she will make a statement on the matter. [46505/08]

John Moloney (Laois-Offaly, Fianna Fail)
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In January 2008, the Government announced the establishment of the Office for Disability and Mental Health to support the Minister for Equality, Disability and Mental Health in exercising responsibilities across four Government Departments: Health & Children, Education & Science, Enterprise, Trade & Employment and Justice, Equality & Law Reform. The new Office brings together responsibility for a range of different policy areas and State services which directly impact on the lives of people with a disability and people with mental health issues. The Government's decision to establish the Office for Disability and Mental Health reflects its commitment to developing a more coherent and integrated response to the needs of people with disabilities and mental health issues. The designation of a Minister of State with responsibility for Equality, Disability and Mental Health and the establishment of the Office for Disability and Mental Health will facilitate cross-agency and cross-departmental working and enable us to deliver real benefits to clients and service users into the future.

Under the aegis of this Office, a Cross Sectoral team of officials from 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 to address issues arising in relation to the implementation of the Disability Act 2005 and the Education for Persons with Special Educational Needs Act 2004 (EPSEN). It had been intended to have the EPSEN Act fully implemented by 2010, and to commence Part 2 of the Disability Act 2005 for 5 to 18 year-olds in tandem. In the light of the current financial circumstances, it is unfortunately necessary to defer the implementation of the above legislation.

However, this does not in any way dilute the Government's commitment in the areas of disability and mental health. The Government has not only protected the increased funding base for disability and mental health services that has been built up over recent years, but has in this Budget provided an additional €20 million for health and education services for children with special educational needs. €10 million of this allocation will be to the HSE, and €10 million to the Department of Education and Science, to enable the services provided to children with special educational needs to be enhanced and strengthened, as a first step towards the full implementation of the EPSEN Act, and of Part 2 of the Disability Act for 5 to 18 year olds, and subsequently to adults, at a later date.

With regard to the specific commitments in the Sectoral Plan relating to housing, income support measures and vocational training and employment issues, the position is that:

A protocol to govern inter-agency cooperation between the HSE and Housing Authorities in relation to services provided for people with a disability has been agreed. The protocol is focused on children under five years who are assessed by the HSE under Part 2 of the Disability Act 2005, and are identified as likely to require housing support. The protocol was developed by the Department of the Environment, Heritage and Local Government and the Department of Health and Children in association with the HSE and the local authorities and is in line with commitments given in the sectoral plans of both Departments following the requirements of section 32 and section 36 of the Disability Act 2005. It details the process to be undertaken between the HSE and local authorities. Further protocols in relation to assessment of need for people with a disability will be developed and implemented in line with the phased implementation of the statutory requirements of Part 2 of the Disability Act 2005 to all age groups. The details of this protocol are available on the Department of the Environment, Heritage and Local Government website at: http://www.environ.ie/en/DevelopmentandHousing/Housing/ SpecialNeeds/DisabledPersons/.

The Government has decided to transfer income support and maintenance schemes to the Department of Social and Family Affairs. An inter departmental implementation group, representative of the Department of Health and Children, the Health Service Executive and the Department of Social and Family Affairs, has responsibility to drive the transfer of allowances in accordance with the Government's decision.

There are 22,400 children in receipt of the Domiciliary Care Allowance. The transfer of Domiciliary Care Allowance to the Department of Social and Family Affairs is a priority for 2009. The legislation is in place and detailed arrangements for the transfer and administration of the Domiciliary Care Allowance by the Department of Social and Family Affairs are being developed.

The Office for Disability and Mental Health is working with the HSE and the Department of Enterprise, Trade and Employment (D/ETE) with a view to promoting a cross-sectoral approach to supporting and enhancing adult day occupational and training services for people with disabilities. Progress on this issue is linked to the HSE National Review on Adult Day Services for People with Disabilities.

In addition, I would draw the Deputy's attention to section 12 of the Disability Act 2005 which provides that liaison officers may furnish a copy of an assessment, report, or any other information which the liaison officer considers appropriate to a public body for the purpose of assisting an applicant in applying for personal or individual services provided by the body relevant to his or her needs.