David Stanton (Cork East, Fine Gael)
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Question 100: To ask the Minister for Health and Children the impact the deferral of the implementation of the Education for Persons with Special Educational Needs Act, 2004 will have on the implementation by her Department of Part 2 of the Disability Act, 2005 for children of school-going age; and if she will make a statement on the matter. [45570/08]

David Stanton (Cork East, Fine Gael)
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Question 223: To ask the Minister for Health and Children if assessments are being carried out under the Disability Act 2005; if such assessments will continue to be carried out; and if she will make a statement on the matter. [46176/08]

John Moloney (Laois-Offaly, Fianna Fail)
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I propose to take Questions Nos. 100 and 223 together.

The National Disability Strategy, which was launched in September 2004, provides for a framework of new supports for people with disabilities. Among the principal elements of the Strategy are both the Disability Act 2005 and the Education for Persons with Special Educational Needs (EPSEN) Act 2004.

The Disability Act 2005 remains the central component of the National Disability Strategy. Part 2 of the Act provides people with disabilities with an entitlement to:

an independent assessment of their health and education needs;

a statement of the services it is proposed to provide;

pursue a complaint through the HSE 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. In addition, a number of sections of the EPSEN Act 2004 have also been commenced, principally those establishing the National Council for Special Education and those promoting an inclusive approach to the education of children with special needs. Unlike the Disability Act, the EPSEN Act does not provide for phased commencement by age cohort. Consequently, the education sector must be in a position to provide the required services to all children before the relevant provisions are commenced.

At the end of November 2008, 3,508 applications for an assessment of need under the Disability Act 2005 have been received and have been completed or are in train by the HSE. This process will continue in respect of children under 5.

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 and to extend the provisions to adults the following year. This would have required significant additional investment in 2009 and 2010 to prepare the education and health sectors for the operation of the legislation and to support the statutory processes that would be required. 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. Deputies will be aware of the greatly increased funding base for disability and mental health services that has been built up over recent years. Additional monies amounting to more than €550 million have been allocated to the HSE, under the Multi-Annual Investment Programme, to continue to enhance and develop services to people with disabilities and mental health difficulties.

The Government further emphasised its commitment to children with disabilities by allocating an additional €20 million in the recent Budget for health and education services for children with special educational needs. €10 million of this allocation will be to the Health Service Executive for the provision of 125 additional therapy posts in the disability and mental health services, targeted at children of school-going age, 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.

The challenge facing us now is to use available resources to best effect in the period ahead. My Office for Disability and Mental Health will be actively working to improve coordination and cooperation between relevant Departments and agencies and to continue to achieve as much progress and service development as possible in the more constrained resource environment that now applies.