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Dáil Éireann debate -
Wednesday, 2 Jul 2008

Vol. 658 No. 2

Services for People with Disabilities.

I thank the Acting Chairman, Deputy Jack Wall, for allowing me to raise this issue. Several of my constituents have children with intellectual disability who have been attending Saint Michael's House. Upon completing their education at the end of this academic year and reaching 18 years of age, these children expect to proceed to Cheeverstown House for what is known as rehabilitative training to facilitate maximising their potential for their future lives. In the context of the Government's plan to provide disability services, it was promised that moneys would be ring-fenced, training facilities would be extended and additional places would be made available. As at yesterday, as far as these parents were concerned, there was no certainty that places would be made available. One family received a letter from Cheeverstown House stating that it had not received confirmation of funding for rehabilitative training placement for their son from the HSE and, therefore, it was not in a position to offer him a place.

My colleagues Deputies Michael Creed and Kieran O'Donnell raised the same issue yesterday evening with regard to the provision of places for children suffering from intellectual disability in counties Cork and Limerick. I want to clarify for certain where matters now stand. I read with interest the Minister of State's speech last night in which he made contradictory statements. He said: "The funding will be in place for the children in question." That seemed as if it was resolving the issue. He then went on to say:

There has been a delay in explaining how soon it will come through. Most of the concerns raised, quite properly, by the voluntary organisations were raised because they had not heard that the funding was in place. The reality is that once we can commit ourselves to allocating the funding, the issue will be dealt with.

Having said the funding will be in place he then said, conversely, that when he could commit himself to allocating the funding the issue would be dealt with. A perception was created last night that the problem was solved. That perception is confirmed from a statement on the Minister of State's website this afternoon. This states developments with regard to intellectual disability "will include new day places for young people leaving school and additional therapy supports for pre-school children and for children with autism". The statement further states "the HSE was now in a position to roll-out the planned disability developments as outlined in its 2008 Service Plan". While the Minister of State put that on his website this afternoon, the Taoiseach, today in the Dáil told Members when the issue was raised:

The HSE hopes to be able to finalise the position regarding the commencement of the developments, including those required to meet the needs of school-leavers with disabilities, over the next ten days.

The Minister of State in his speech last night referred to a press release he said the HSE issued that afternoon which confirmed the problem was solved. When I contacted the HSE it knew nothing of the press release. It does not appear on its website and the press officer could not find one. Will the Minister of State say very clearly that the training places for these school-leavers with intellectual disability, which parents expected to be provided earlier this year in Cheeverstown House, will be available for certain? If this is the case I welcome it.

Nevertheless, the level of mismanagement on the part of the HSE and the Government in creating these difficulties and uncertainties is unforgivable. I have received phone calls from parents who, having assisted their children to work through the education system within the resources available in Saint Michael's House — indeed people elsewhere have been in contact with me on this matter — are greatly stressed and believe their children have been cut off from further services to which they were entitled. These parents believe the Government was breaking its promise to them.

If the Government is not breaking its promise and if the disability services will be provided, it is welcome. However, no parents should have been put in a position where they received a letter such as the letter from Cheeverstown House to which I referred earlier. Cheeverstown House should not have been in a position where it had no certainty about the funding it would receive, or did not know whether it could provide the service. It is now essential that in very simple straightforward language, with no qualification, we are told if the places will be available. Can the Minister of State confirm the funding will be provided? Can the Minister of State explain why he put on his website what appears to be a confirmation that all is in order on the same day the Taoiseach tells the House that the matter will not be resolved for at least another ten days?

I thank the Acting Chairman and with his permission I will share time with Deputy Kathleen Lynch. I welcome the presence of the Minister of State, Deputy John Moloney, again in the House tonight. As Deputy Shatter said, we need more clarity on this issue. I welcome the statement last night from the Minister of State, Deputy Moloney regarding an expected resolution to this matter within ten days. I also welcome the statement from the Taoiseach this morning in response to questions from my party leader, Deputy Eamon Gilmore, on the same matter. However, we need to know for definite if this will happen.

I am also aware of people leaving school with intellectual disability and autism in Limerick, Cork and Dublin. I am sure the same applies to other parts of the country. Such people have absolutely no certainty about what will happen, which is simply unacceptable, especially when €50 million additional funding for disability services was allocated this year. In a reply to a question which I received yesterday, the Minister for Health and Children said that the HSE has informed the Department that it plans to release €20 million of the €50 million additional funding for disability services. We need clarity that there is €50 million allocated and not €20 million. We need to be told that this €50 million will be ring-fenced for the purposes for which it was designated. We do not want to see a recurrence of what previously happened to mental health, palliative care and some disability funding which was not spent on the services for which it was allocated.

There are currently people with physical disabilities in acute hospitals ready for release if the appropriate supports are available. These people are occupying acute beds for a much longer period than necessary, because the supports are not in the community as a result of this money not being released. I will name an individual, whose name has already been in the media and I have permission to do so. Mr. Ted Kennedy is currently in an acute bed in Beaumount Hospital in Dublin. He has been there for two and a half months longer than necessary. He was ready for discharge approximately two and a half months ago. He cannot leave because he does not have the support he needs at home. He cannot go back to his job because he does not have the supports there. He is in danger of losing his job and accommodation because of loss of income, which makes no sense. He is in an acute bed which should be available for someone else. He wants to get back to his home and job but he cannot because the supports do not exist. This is another aspect of the difficulties and we need clarity from the Minister of State.

I sincerely congratulate the Minister of State on his appointment as I have not previously had the chance to do so in public.

Located some 50 yards from where I live in Blackpool is the Cork Centre for Independent Living. The staff there work in appalling conditions. They use the most awful office facilities even though some have a severe disability and need motorised wheelchairs. However, they run a very successful operation because they know the needs of clients and they know what is necessary to live independently when one has a severe physical disability. I met two of these people yesterday and they were so stressed out that they were simply thinking of giving up the whole enterprise and handing it back to the HSE. What kept them going — this is what they told me — was the knowledge that by handing the operation back to the HSE, their 120 clients would probably fall by the wayside. The additional resources they were prepared to argue for simply would not be otherwise provided. The centre sent out letters last Friday to all its clients. Most of the centre's work centres on facilitating the provision of personal assistance. This includes helping clients to get out of bed, be washed and fed, travel to work or the library, or simply go outside the door for the sake it. Basically, it is to be part and parcel of what we all consider normal and everyday life.

They are cutting back the hours of personal assistance by anything up to 20 hours per week. One girl wrote to me and told me she had just got a home of her own and with her personal assistant was looking forward to the future. Now she feels everything is crumbling around her and she thinks she will have to look for a place in care. Imagine the cost to the State of this retrograde step.

These people need €220,000, which is minuscule. As that woman pointed out, it is exactly what it cost to do up an office for the former Taoiseach. I am not saying the former Taoiseach should not have a nice office and I do not begrudge people such things. However, the difference this minuscule amount would make to people's lives is incalculable.

I have telephoned HSE south, which is local, and the people there threw their hands up. They told me they were supposed to have €50 million in development money but it did not come through. They were told they may hear about it in the next two weeks but as a result of a parliamentary question I submitted, along with Deputy Jan O'Sullivan, it has emerged that €20 million may be released.

What happened to the notion that when an issue was itemised in a budget, it would come through? If we, as elected representatives of the people in the highest Chambers in the land, have indicated the money is to go to a certain area, how can somebody come along and decide otherwise without a Vote, correspondence or consultation? How can they decide the money will go elsewhere? This leaves people like those in the independent living centre no longer able to manage to be part and parcel of common society because of a miserly sum of money, in today's terms, being allocated. Is the €50 million coming, as it means so much to so many?

I will try to respond to all the specific issues mentioned. I note the sincerity of Deputies Lynch and O'Sullivan, although I am not too surprised by Deputy Shatter looking at another issue which is not relevant. I am not into perceptions or pretence and I stand over what is on the website. I do not believe in the nonsense of creating another row as I am more concerned with the central issue. I wish Deputy Shatter could be also but I am not sure about it.

I stand over the funding announced last night in response to Adjournment matters. I agree with Deputies O'Sullivan and Lynch in that if funding is allocated under a specific heading for disability, it should be ring-fenced for the area. As a Minister of State or otherwise, I have always felt like that. While I was on the committee dealing with health issues, we met with representatives of disability groups many times and we felt the same.

I am aware of similar letters detailing issues in my constituency so I do not need to be here responding on the matter to be able to work out what are the true issues on the ground. It is unfortunate — the best word which can be used — that people should have to wait for so long. I will have to read the official script but at the same time it is better to look at the programme which was committed to with the €50 million, or the 200 new residential places and the 487 day places, along with other specifics. These are the figures committed to under the current funding. What was proposed for disabilities remains intact.

I regret that it takes ten days for the letters to go out. However, what is being committed to will be followed up on. For those people contacted by the voluntary groups to suggest there may not be places, this is the figure involved to resolve the problem.

I must go through the official script to respond specifically to the queries. I am pleased to take this opportunity to address the important issues raised by Deputies Shatter and O'Sullivan. I will explain about development funding first. The multi-annual investment programme for disability services makes provision for the development of additional day, residential and respite places each year between 2006 and 2009 for people with intellectual disability and autism. Some €50 million was provided to the HSE in 2008 to fund a range of additional services under the multi-annual investment programme for disability. This €50 million is a response to allegations suggesting this Government is uncaring.

With regard to the remarks about the Taoiseach, he ensured this funding would go to that specific centre. As the Deputies will be aware, the commencement of the planned developments in disability services this year had been delayed due to a financial review in the HSE. However, I am pleased to be able to inform the House that the HSE has assured me that it is now in a position to roll out the planned developments as outlined in its 2008 service plan.

I do not know who Deputy Shatter rang but I will put on record the facts I have and believe. If somebody in the HSE told him the opposite, I advise Deputy Shatter to check out who that was. I am giving him the facts as they stack up for me.

I was simply told there was no statement such as the one referred to last night.

I am not worried about the pretence of statements as I deal in facts. Clearly, the Deputy does not.

I deal in facts. There is no need for the Minister of State to be personal.

I am being personal with the Deputy as the real issue as far as I am concerned——

The Minister of State made a comment in the House last night about a statement issued which, in fact, was never issued.

I prefer to deal in facts. The Deputy is looking for targets but I am not.

Planned services include additional residential, day care, including training places, and respite care places for people with intellectual disability and autism; additional residential care and home support services for people with physical and sensory disabilities; and additional multi-disciplinary therapy posts to provide assessment and ongoing intervention services to children with a disability.

I understand the HSE hopes to be able to finalise the position on the commencement of the developments, including those required to meet the needs of school leavers with disabilities, over the next ten days. I believe this will happen over the next ten days.

With regard to rehabilitative training, as the Deputies will be aware, within the health and training sector a range of training, health and personal social day services are provided by several State agencies, including the Health Service Executive, non-statutory agencies funded by the HSE and specialist training providers supported by FÁS, to young people with disabilities when they leave school.

With regard to training and particularly the provision of life skills training, otherwise referred to as rehabilitative training, the HSE and HSE-funded agencies provide such training services for persons with disabilities to enhance their individual level of skill, which will focus on the enhancement of an individual's care, fundamental skills, life skills and social skills. The level of outcome from rehabilitative training is not pre-determined but is dependent on the level of the development capacity of each individual. Consequently, it is important that training services are matched to the person's need.

In meeting this need, the HSE employs guidance officers at local level to assist in the profiling of young school leavers with disabilities to appropriate training and day services. The guidance officers work with the school leaver, the family, school authorities and service providers to ensure school leavers with disabilities have access to appropriate services.

The co-ordination and planning of services to meet the needs of people with disabilities form a central tenet of the national disability strategy. A critical element of such co-ordination and planning is the requirement to provide financial support for the development and implementation of services.

In terms of funding requirements for service development for HSE-funded services, the Government has set aside specific funds for service delivery for people with disabilities by way of the multi-annual investment programme 2006 to 2009. Significant additional funding has already been provided and spent on developing new and enhanced health and personal social services for people with a disability, including young people leaving school in the period 2006 to 2007. These areas will continue to be the focus of developments for the remaining years of the multi-annual investment programme in 2008 and 2009.

The Government has provided the HSE with an additional €75 million in 2006 and 2007. This funding provided an additional 506 day places and 492 day places in 2006 and 2007 respectively. In addition, day services were enhanced with the provision of additional supports to deal with school leavers or other adults with significant disabilities, with 52 places in 2006 and 66 places in 2007.

The increase in services in recent years has ensured that young people with intellectual disabilities and autism have appropriate services in place to ensure a smooth transition from secondary school. In some cases, the funding provided supported the school leavers to access appropriate day services, in line with a person-centered plan. In many cases, this funding provided places for individuals completing rehabilitative training, thereby creating training places for other school leavers. The HSE and HSE-funded agencies also provide a range of other day services designed to meet the needs of adults with disabilities.

With regard to the specific issue raised by Deputy Shatter in Cheeverstown day care centre, I am advised by the HSE that over 400 people are availing of the service provided. In addition to the residential and day services operated from the main complex in Templeogue, the voluntary organisation also operates 16 community houses in the Tallaght area, a sheltered workshop in Broomhill Drive and training, rehabilitation and education service from centres in Tallaght main street and Airton Road. I understand the Cheeverstown centre receives the bulk of its funding from the Health Service Executive and its allocation for 2008 is slightly more than €25 million. The HSE has advised me that the places in Cheeverstown for school leavers from St. Michael's House will be made available with the payment of the development funding for 2008.

I propose to inform the House of some developments in areas related to the issues raised by Deputies Shatter and Jan O'Sullivan. The HSE is in the process of undertaking a comprehensive national review of HSE-funded day services for adults with a disability. This review will seek to advise on the reconfiguration and modernisation of existing adult day services to reflect the core principles of the health strategy, namely, access, quality, accountability and person centredness. The review includes, as part of its work, examining and reviewing the range of day services such as activation, rehabilitative training and sheltered work. To date the strategic review of HSE-funded adult day services has consulted widely with service users, families and service providers and is about to engage in discussions with all parties to the sectoral plans, including the Departments of Enterprise, Trade and Employment and Social and Family Affairs. A census of HSE-funded adult day services has been completed and the findings will help inform decision making in this process.

As a further significant development in support of the national disability strategy, the office for disability and mental health was established by the Government in January this year. The office brings together responsibility for different policy areas and a range of services which impact on the lives of people with a disability and people with mental health difficulties.

As I indicated last night regarding the commitment to the funding allocation of €50 million, it is not a matter of taking credit. The funding should remain in place. While I am not in a position to provide a direct answer on the issue of people with physical disabilities raised by Deputy O'Sullivan, I will issue a response before the end of the week. It is in the interest of all of us that funding for disability and mental health should be ring-fenced. I hope to achieve such a commitment.

Crime Prevention.

As this is my first opportunity to do so, I congratulate the Minister of State, Deputy John Moloney, on his appointment. I thank the Ceann Comhairle for allowing me to raise this important issue and call on the Minister for Justice, Equality and Law Reform to establish a special squad in the Garda to deal with anti-social behaviour and public disorder. I urge the Minister to introduce this squad on a pilot basis in Tralee.

Local newspapers across the country provide almost weekly reports of court proceedings involving public order offences and anti-social behaviour, which principally occur at weekends, although unfortunately they also take place on week days. Our communities and town and county councils regularly discuss the problems caused by drunken revellers late at night. Shopkeepers often spend Mondays cleaning up broken windows and other damage. It is unfortunate that many people seem to be unable to have a night out without causing annoyance, distress or harm to others. Their social night out develops, usually with the aid of alcohol and possibly other substances, into an anti-social experience for everyone around them. Fuelled by substances they would be better off without, they can make life a misery for members of the public, local businesses, the Garda Síochána and personnel in emergency departments.

Intoxication in a public place, disorderly conduct, threatening, abusive or insulting behaviour, assault, violent disorder, affray and attacks on emergency service personnel are examples of some of the many types of disorderly behaviour and public order offences which adversely affect the quality of life in our towns and cities. We all want our town centres to be alive and vibrant places where people want to live. Urban renewal schemes were devised with this objective in mind. However, there is no incentive to live in a town centre if one is kept awake at night by rowdy drunks and greeted on Monday mornings by shards of broken glass, an abundance of litter, graffiti and other damage to property. What about members of the public or tourists who go out for a night and find themselves threatened, abused, insulted or intimidated for no good reason? Sadly, this type of anti-social behaviour is probably an unfortunate side effect of the booming economy we have had over the past decade or more. In dealing with such behaviour, it is necessary to specifically target locations where civil disorder is rife, including areas outside pubs, clubs, discos, fast food outlets and at taxi ranks.

The record shows that assaults have increased substantially in Tralee. Headline incidents in County Kerry for the first quarter of 2008 rose to 493 from 462 in the first quarter of 2007, while in Tralee and Listowel they increased from 244 to 256 and 76 to 81, respectively, over the same period. Public order offences in County Kerry rose from 762 to 842 and while public order offences in Tralee declined, the number of more serious incidents increased from 95 to 110. Tralee has six night clubs, 24 off-licences, 126 pubs, 44 restaurants, 18 hotels and 13 fast food outlets. A zero tolerance approach by the Garda, which involved a complete clampdown on unruly behaviour, resulted in more than 100 arrests for public order offences in Kerry's three main towns in one weekend in early May. Arrests for fighting, drink driving, possession of drugs and other offences reached the three figure mark and there were 32 arrests in Tralee alone. Garda reinforcements, including members of the dog unit, were drafted in to help to keep the peace on the streets where people were partying until the early hours. Recently, Tralee Town Council debated whether to close a laneway in the town where there is a problem with anti-social behaviour.

The identifying and targeting of trouble hot spots in consultation with stakeholders can ensure more effective deployment of Garda resources and CCTV can be utilised to enhance public safety. It is, however, time to consider the creation of a special squad within the Garda to deal with this type of behaviour. The starting point should be the establishment of a local task force. Such a squad could involve the Garda, particularly community gardaí and Garda Reserve, and liaise with joint policing committees, the community and local business people, such as the proprietors of nightclubs and taxi ranks. The squad must be given the support, resources and skills it needs to tackle anti-social behaviour. Its members should be specially trained in dealing with public order problems, dress as a public order unit with protective gear if necessary and be capable of operating as a unit. Visibility, the use of a paddy wagon and a robust but fair approach to public disorder would act as a deterrent and would be appreciated by members of the public. This investment would pay dividends, particularly social dividends, in the long term. I urge the Minister to establish such a squad on a pilot basis in Tralee, County Kerry, and Abbeyfeale, County Limerick.

The Garda Síochána already has a number of special squads, including the traffic corps which deals with drink driving and speeding, the drugs squad which deals with the drugs problem and the special crime squad which deals with serious crime. I commend the Garda on the great work these special units do. Why should we not establish a squad to tackle the many problems associated with the scourge of anti-social behaviour and public disorder in a timely fashion and perhaps, in time, reduce the incidence of more serious crime?

I thank the Deputy for his good wishes and for raising this important matter. The Minister for Justice, Equality and Law Reform regrets that he cannot be present as he is dealing with other business. However, I assure the Deputy that the Minister shares his concern, and the concern of all right-thinking citizens, regarding anti-social behaviour and public disorder.

Under the Garda Síochána Act 2005, the Minister for Justice, Equality and Law Reform has the power to set policing priorities for An Garda Síochána. One of the priorities set for 2008 is to combat, in co-operation with other agencies and the community in general, problems relating to public disorder, with special emphasis on alcohol-related behaviour — including under age drinking — and socially disadvantaged communities, particularly through the utilisation of the legal mechanisms, such as behaviour warnings and closure orders, that are available.

Strong provisions are already in place to combat anti-social behaviour. The Criminal Justice (Public Order) Act 1994 modernised the law in this regard. Furthermore, the Intoxicating Liquor Act 2003 contains provisions to deal with alcohol abuse and its effect on public order. In addition, the Criminal Justice (Public Order) Act 2003 provides the Garda with powers to deal with late night street violence and anti-social conduct attributable to excessive drinking.

It is unfortunate, however, that excessive use of alcohol continues to be the cause of far too much of the anti-social behaviour experienced in Tralee and other communities. To address this, the Minister has introduced the Intoxicating Liquor Bill, which is currently being considered by the House. The Bill contains a number of significant reforms of the licensing laws and public order legislation, with the aim of addressing the adverse consequences of alcohol abuse in society. The measures being proposed are a balanced response to problems caused by excessive alcohol consumption and binge drinking.

The strategy underpinning the draft legislation will allow for the increased visibility and availability of alcohol through off-licences, while tightening the conditions under which premises with on-licences qualify for special exemption orders permitting them to remain open beyond normal licensing hours. The Bill increases penalties for public order and licensing offences. Furthermore, it contains measures to curtail drinking in public places — particularly by those under 18 — including allowing gardaí to seize alcohol. These powers will add significantly to the effectiveness of the Garda response to drinking in public places.

The Minister is informed by the Garda authorities that An Garda Síochána proactively targets public disorder and anti-social behaviour in Tralee. Areas subject to such behaviour have been identified as hot spots by local Garda management and additional foot and mobile patrols are directed into such areas during times when these offences are most likely to occur. All such incidents detected by members on patrol or reported to An Garda Síochána are dealt with immediately and the suspected offenders are dealt with in accordance with the law.

CCTV systems play an important part in support of policing and the maintenance of public safety. They also act as a useful deterrent to street crime and public disorder. Garda town centre CCTV systems are planned and implemented on the basis of operational needs identified by An Garda Síochána. I understand that CCTV systems have been installed in Tralee and are monitored at the local Garda station. In addition to monitoring of images in real time, all images are recorded and can be reviewed at short notice when required.

The Garda Síochána Act 2005 provides for the establishment of a joint policing committee in each local authority administrative area. The purpose of these committees is to provide a forum where members of a local authority and senior Garda officers, with the participation of Oireachtas Members and community interests, can consult, discuss and make recommendations in respect of matters affecting the policing of an area. Some 29 committees are currently operating on a pilot basis in order that experience might be gained before such committees are rolled out to all local authority areas, including that in which Tralee is located. In general, the outcome to date of the work of the committees has been positive and they are meeting definite local needs. Guidelines are being drafted which will enable roll out of the committees to take place and the Minister intends to ensure that this occurs at an early date.

An unprecedented increase in the strength of the Garda Síochána is continuing in line with the commitment in the programme for Government to have 15,000 members of the force by 2010, with an intake of approximately 1,100 recruits per annum. The personnel strength of Tralee Garda district at the end of May was 11% higher than was the case in May 2007. Policing operations and the deployment of Garda resources are matters for the Garda Commissioner. It is, and must remain, the responsibility of Garda management to allocate personnel within the Garda organisation on a priority basis in accordance with overall policing requirements.

The Dáil adjourned at 9.35 p.m. until 10.30 a.m. on Thursday, 3 July 2008.
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