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JOINT COMMITTEE ON HEALTH AND CHILDREN debate -
Thursday, 3 Mar 2005

Irish Wheelchair Association: Presentation.

I welcome Ms Anne Winslow, director of services, and Mr. Olan McGowan, media director of the Irish Wheelchair Association. I also welcome Mr. John Dolan and Mr. Allen Dunne from the Disability Federation of Ireland who are in the Visitors Gallery. They will make a presentation later.

Members are reminded of the long standing parliamentary practice to the effect that members should not comment on, criticise or make charges against a person outside the House or any official by name in such a way as to make him or her identifiable. I invite Ms Winslow to commence her presentation on issues regarding health services.

Ms Anne Winslow

I thank the committee for giving us the opportunity to highlight some of our issues, concerns and achievements in regard to working with people with a physical disability. We will divide our presentation into three areas; an overview or introduction which corresponds to the first couple of pages of our submission and then we will talk about the main issues that concern our members in regard to accessing health services in general. I will then talk about the Irish Wheelchair Association, specifically on issues around our own services for our membership. Mr. McGowan will commence with the first two sections.

Mr. Olan McGowan

The committee is probably reasonably familiar with the Irish Wheelchair Association, IWA. We deliver a wide range of services and would primarily be described as a service delivery organisation. These services range from assisted living services, which would be our biggest individual service, to respite, counselling, advocacy and other services. Most of the funding for the services comes from the Department of Health and Children but other Departments also contribute and there are other funding sources.

Whatever the funding source, the general aim of all of our services is to support people to live in the community and to live as full lives as possible. We adopt a person-centred approach where the needs of each individual is assessed. This fits with the assessment of needs that is much discussed in terms of the Disability Bill and consultation recommendations. We assess an individual's needs based on a whole range of services. That could be a PA service, a housing need, a counselling need or whatever. The ultimate aim is to build up a person's capacity to live in the community. The phrase "capacity building" is central to what we do.

Specifically within the context of person-centred planning in the assessment of need, two crucial points have to be made. The presentation and assessing future health needs have to be set in the context of an extremely disappointing Disability Bill. The Bill is disappointing in so many ways it is impossible to list them here. It is visionless legislation which does not take a holistic look at people with disabilities. It is purely focused on health matters and ignores the wide ranging needs of people with disabilities, which is what we deal with on an everyday basis — housing and other issues. In that respect, without significant movement on the Disability Bill much of the talk around future needs could be a waste of time.

As Ms Winslow stated, we will divide the presentation into two sections, namely, access to general health services and services delivered specifically by the IWA. I have listed some key issues relating to access to general health services. The medical card is a significant issue for people with disabilities. The medical card thresholds are too low for people with disabilities. Anybody with a significant physical disability will have additional costs which have been well documented by the National Disability Authority. They do not just include obvious costs like spending money on wheelchairs and wheelchair repairs. There are also additional costs, such as transport costs and costs associated with housing, including the cost of environmental aids.

The threshold forces people into a benefits trap. It prevents them from returning to work because they will lose their benefits and medical card. The Irish Wheelchair Association has made recommendations based on the medical card which it feels need to be addressed quite urgently.

The issue of aids and appliances is very much related to that of medical cards. Aids and appliances are crucial if one wants to adopt a holistic approach to the needs of people with disabilities. New technology is bringing more aids and appliances on stream every day. The range is extraordinary and includes voice software and different types of wheelchairs. People will have the capacity to be much more involved in their communities because of technological progress in the manufacture of aids and appliances.

On community services and therapies, we agree with the Government's policy of mainstreaming people with disabilities. It is a question of providing therapies already delivered through the community, such as speech therapy and occupational therapy. There are not enough therapists. Considerable improvement is required within mainstream community services.

Physical access to general health services is a major issue. Only recently, the Irish Wheelchair Association was contacted by two people who could not find an accessible local dentist. Making general health services accessible should be a top priority. We are not just talking about putting a ramp to somebody's front door but about layout, design and accessible dental equipment. This also applies to public health centres. I would not describe my local health centre as remotely up to standard in terms of access. It is very important that GP services be physically accessible.

Disability awareness training is related to physical access. Considering the importance people with disabilities attach to health and personal social services, disability awareness training is particularly urgent. The Irish Wheelchair Association offers training in partnership with the National Council for the Blind of Ireland and the National Association for Deaf People. Such training includes lifting and manual handling, language and communication, health and safety, campaigning for wheelchairs and lift equipment, and independent living philosophy.

On general health services, the treatment of over-65s concerns the Irish Wheelchair Association. Many health services, are based on the zero to 65 age group. If somebody over 65 applies for assisted living services, for example, he or she will, as a matter of Government policy——

Ms Winslow

It concerns the physical or sensory care group. Departmental funding is based on the zero to 65 age group. We are governed by the rules that have been set down. The Irish Wheelchair Association's policy is non-ageist in that it assumes that if somebody has a need, he or she should receive the necessary service regardless of his or her age. However, the health service is structured such that people are grouped into care groups. In our case, those care groups apply only to those between zero and 65 years. Those over 65 are subject to budgets for the elderly. This creates divisions in the provision of some services.

Mr. McGowan

Apart from anything else, I believe the Department's policy contravenes the Equal Status Act and it should be changed. People should be assessed according to their needs and not according to their age or whatever arbitrary group into which they fall.

On general health services, personal supports and housing, I had a conversation yesterday with the association's housing officer, Dolores Murphy. She can identify people who are on waiting lists for houses so they can leave their family homes. I refer to adults in their 30s and 40s. They are sometimes offered accommodation by a local authority but cannot move into it because they do not have the personal supports. The ideas of community and independent living are very important to the Irish Wheelchair Association. We are trying to give people the option to contribute to society. Departments need to work in tandem and complement each other. Services need to complement each other.

People with disabilities require a wide range of housing options, including crisis accommodation, supported and sheltered housing, independent living, completely wheelchair-accessible housing and residential care. The housing services and the health services really need to work in tandem to achieve independent living for many of the Irish Wheelchair Association's members. It is very important to focus on mainstreaming. We are trying to get people to become involved in their communities. Mainstream health services need to be opened up much more than they are at present.

Ms Winslow will now talk specifically about the services delivered by the Irish Wheelchair Association.

Ms Winslow

I particularly want to focus on personal social services as they are currently supported through the Department of Health and Children. These services and the services we deliver comprise the leg-up — excuse the pun — or the supports that enable people to move around and live in their own communities. Given the emphasis on hospitals, it is crucial that we do not lose sight of the very important role of the health service in community services. In this regard, one must re-emphasise the importance of the health reforms that are taking place and note the constant pressures that exist.

We note from our experience that people are often prisoners in their own homes because of a lack of personal social services. I am sure the members of the committee will know of such cases in their constituencies. All the services the Irish Wheelchair Association provides are focused on supports in this area. They are not clinically based. The main services it provides, about which we feel very strongly, are assisted living services. Members will probably know that these include the personal assistance service, whereby people are supported on an individual basis and determine the personal assistance they require for what they want to do during the day. Additionally, there are what we call supported personal assistance services, whereby assistants visit those with needs at targeted times, perhaps to help them get up or participate in a particular activity.

The need to be supported in getting out of one's bed and getting on with one's daily life is such that the service should be demand-led. It should be available to people whose assessments determine that they need it. Unfortunately, this is not the case. Currently, the Irish Wheelchair Association has 1,100 people availing of the service nationally and it spends approximately €12 million thereon. However, over 500 people are waiting for the service. They need it now. If one cannot get out of bed today, one should not have to wait for three years to be able to do so and to live one's life rather than just exist.

I emphasise the importance of the service and the necessity for it to be resourced adequately. We welcomed the recent budget announcement that additional hours are to be made available for assisted living services. However, this is a drop in the ocean. An additional 2,000 hours per year may only cater for 130 of the 500 on the waiting list. There is an urgent need to increase the number of personal assistance hours every year over the next few years. Ideally, the service should be demand-led because it is so crucial to one's day-to-day living.

Mr. McGowan

I have had a personal assistant, provided by the Irish Wheelchair Association, for the past seven years and prior to joining the organisation. I worked in Sony Music and in private industry for many years as well as in RTE. It is inconceivable that I could work without the service. Prior to this, I relied on my family, public health nurses or whomever, sometimes including friends, to come to my house and help me get out of bed in the morning. Therefore, I have strong personal experience of this service and an interest in having it properly resourced. It is inconceivable that I could even appear before the committee this morning without receiving the personal assistant service.

I know others with the same disability as me. I thank God I had the accident nine years ago, after which I ended up in a wheelchair, instead of now. If I had an accident now, I would be on a waiting list with a couple of hundred people. It is inconceivable to me that it someone acquires a disability in 2005, when we are much richer than we were then, the opportunity for him or her to return to work or participate in any way is completely denied.

Ms Winslow

We welcome the recent announcement that this issue will be addressed by the allocation of additional hours. However, these have not yet been rolled out. This is March and the additional hours have not yet come through the system. It is crucial they do so as soon as possible and that they are added to. We cannot emphasise enough how important is the development of this service. If it was to be incrementally added to over the next three or four years, it would take at least €8 million per annum to begin to address it. If it cannot be a demand-led service, which I advocate it should be, an injection of at least €8 million each year over the next five years is required to catch up with the demand for this service.

I refer to the Irish Wheelchair Association's resource and outreach centre programmes. I am sure members are familiar with the programmes run by the IWA and other organisations throughout the country. The whole aim of our centres and outreach programmes is to bridge gaps where people are isolated at home so that they can get out, as well as capacity building, some developmental work and, where people can, helping them to move on and link with their communities. This will vary between individuals.

Our whole ethos is built on what we call a "person-centred" approach. This is all very well but it must also address individual personal outcome, whether this involves people going to the cinema or swimming. These centre programmes provide support to enable people to move out and about, catering for a whole range of need and disability. We have listed the kinds of activities which are pursued in this regard. The programmes are heavily dependent on some resources being provided. Some additional capital expenditure is required to upgrade some of the programmes. This is not to build white elephant facilities but rather to find facilities which are community-based and can enable that linkage to succeed. The programme requires some capital support as well as additional support for revenue.

Members will be familiar with this service's dependence on the community employment schemes as a method of staffing the resource centres. The IWA, as well as DFI and other agencies, has made presentations to a number of Oireachtas committees about the importance of moving on with the mainstreaming of the community employment positions which support the health and personal social service sector. Page ten of our presentation refers to the fact that the IWA currently has 341 people working on community employment schemes exclusively in our resource and outreach centres. This constitutes approximately 10% of the CE positions in personal social services.

We urge the committee to put its weight behind having those positions mainstreamed and properly placed at the core of running health and personal social services. The cost of these whole-time equivalent positions is just under €30,000. People become programme assistants and drivers within our working weeks. We understand from FÁS that each CE position costs €15,000 and we advocate that a budget transfer take place from the Department of Enterprise, Trade and Employment to the health and personal social service sector so that these positions can be stabilised, the continuity of work can be achieved and the people working in the sector can go on to develop the process of bridging people into the community. I urge the committee to examine this issue again.

We run a peer counselling service which is crucial in supporting people on an emotional and psychological level. This service is unique in that the people who provide it are people with disabilities who have been trained to accreditation level and supervised in practice aligned with counselling in general to offer a specialised counselling service to people with disabilities and their families. This service has achieved some recognition through the health boards in recent years but it now needs to move to a phase whereby the people who provide the service on a largely voluntary basis are funded to expand the service. These people are trained. They offer the service voluntarily and we urge the committee to provide them with support by placing them in part-time positions so they can expand this much-needed service to the community.

Mobility is crucial. One might ask why transport mobility is listed under the heading of health and personal social services. However, the service provided by the IWA, which involves motoring, driving, tuition and passenger services is being funded under this heading. While it would perhaps be better placed under a heading of transport or environment, it remains under that of health and personal social services. The service needs additional resources. We have moved into providing hi-tech equipment for driving which means that even people with significant physical disabilities can drive. We also provide passenger transport.

The IWA runs a mobility centre in Clane which needs some additional resources in order to offer the expertise for assessment and support to enable people with higher dependency levels to access that information in their own country. At present, people must go to Britain or further afield to access that expertise. With a small injection of €200,000 per annum, we could ensure that people could be better supported to use the technology which is now available on an all-Ireland basis. I do not need to tell the committee how crucial it is to community living for people to be able to drive or be transported as a passenger in their own vehicles because the public transport system, even if it is accessible in the morning, must be accessed down lane and boreens. It is an essential function.

I am sure the committee is also familiar with the benefits of holidays and respite to families and individuals. The IWA is actively involved in the provision of this service. We are anxious that the capacity of the centres is used. We have three locations where there are dedicated facilities. Other than the IWA, there is a great need for specific facilities to be developed throughout the country for people with disabilities to have respite in appropriate settings as opposed to in a nursing home for elderly people. Young people should be able to go to appropriate facilities. I urge the committee to support developments in this regard and address the large waiting lists for adults and children to receive appropriate respite and holiday breaks.

I thank the committee for allowing us time to make this presentation. I also wish to acknowledge that a large amount of work has been achieved. While we are highlighting what more needs to be done, progress has been made in recent years. However, I emphasise that this progress must continue and rapidly accelerate in the personal social services sector of the health service. This means supporting people in their own communities.

I welcome Mr. McGowan and Ms Winslow. I have known Mr. McGowan well for a number of years. I congratulate them on the work they are doing. I have a difficulty because the Health (Amendment) Bill 2005 is being taken today and I am due in the Dáil after the Order of Business. Therefore, I will have to leave the committee early, which is disappointing. There should be some co-ordination to avoid a clash whereby the committee is sitting while a health Bill is before the Dáil.

It would be difficult to change it.

It is a very important Bill.

I agree. It is important.

Will the Deputy support it?

It would only waste time to debate it here. I will see Deputy O'Connor in the Chamber.

It would be difficult to find anything wrong with it so there will be no debate.

There is much wrong with it. We will have plenty of debate.

We our wasting our time here.

Government members will not goad me into responding to the Bill for the next 30 minutes. Can Mr. McGowan tell us about access to employment? Guidelines on this were issued to public bodies and some county councils have met their target, but some HSE areas have been very bad at meeting their targets. Is there any up-to-date information on progress in that area?

Some private sector employers have been active in giving opportunities to members of the Irish Wheelchair Association and others with disabilities and report great satisfaction with this. Employers should employ people with disabilities because the experience is positive. It can only be prejudice, not lack of performance, that prevents them from doing this. Unemployment among members of the Irish Wheelchair Association and others with a disability is out of proportion to that among people without a disability.

I welcome the Irish Wheelchair Association and thank Mr. McGowan for his presentation. How many local authorities have adopted the Barcelona Declaration and how do they implement its terms? There are many public and private services which have no wheelchair access. Does Mr. McGowan agree that a deadline should be set by which they should install access, on the basis that if this is not met the local authority would carry out the work through an agency and levy the cost from the service provider?

My contact with people with a disability confirms that personal assistants are imperative to facilitate their daily lives. Deputy Neville referred to the number of people with disabilities employed by public authorities. How does that work out in practice? Westmeath County Council and the former Midland Health Board employed people with disabilities. What evidence is there that people with disabilities are employed in the private sector?

In every local authority scheme being built for people on the housing list there should also be houses constructed specially for people with disabilities.

I may have to leave the meeting early to fulfil another commitment but I do not mean any disrespect to our visitors who have my full support.

I thank Mr. McGowan for his presentation. His main argument is that much lip service will be paid to the Irish Wheelchair Association's good work but that needs to be backed by the proper resources. I doubt the change in the medical card guidelines has been sufficient to meet the association's needs.

I was interested in the point about the need for adapted housing. What does the association think about lifetime adaptable housing being incorporated into every plan? This is being done to protect against radon gas so why not for those with disabilities? People with disabilities are often regarded as a minority apart from other people but that is not the case. For example, disability can be a significant part of the lives of older people whose houses are then not suitable.

It would be a good investment for the State to consider lifetime adaptable housing. This could be incorporated into all planning permission. It would not be too expensive. There are already some conditions to this effect in the building regulations. It would be easy to ensure the skeleton of the house was capable of taking a wider door if the need arose. This could be changed again later, if necessary. Downstairs plumbing facilities are also part of the regulations.

Mr. McGowan said there is no clear revenue funding line to support the development of community-based supported housing projects. I can vouch for that. While there is good assistance from the capital assistance scheme there is no defined revenue funding scheme, which is a significant gap. This committee should recommend that a defined revenue scheme be put forward to ensure that older people and those with disabilities do not end up in profit-driven, non-community nursing homes.

These people could be supported in their own communities at much less cost to the State. Even if it were to cost twice as much as private nursing home accommodation it would be worth it. This would be one sure way to achieve the support in the community that Mr. McGowan emphasised as being most important.

People have canvassed me about community employment schemes. Those who have a disability or an intermittent disability, such as rheumatoid arthritis, may not be employed in a mainstream job. FÁS deserves credit for the community employment schemes because they give people a lifeline they would not otherwise have. It gives them a reason to get up in the morning which they would not have if the scheme finished suddenly. It is scandalous and unjust to treat people with a disability in this way. This committee should consider asking the Minister to ensure that people who are disabled, particularly those with an intermittent disability, would have ongoing places in community employment schemes.

Mr. McGowan

I do not have up-to-date figures on the level of employment in the public service. The Taoiseach attended and made presentations at the recent O2 ability awards which were an excellent way to raise awareness among employers. The awards were fantastic in raising awareness for employers. I would not say all employers are necessarily prejudiced. However, they can be unaware of the financial and other supports available. They are also unaware of people's abilities. Last year, there was an underspend of €1 million in the FÁS allocation for workplace adaptation grants. While I like the idea of the 3% quota as an interim measure, I want to see society move to the point where the quota is unnecessary.

The reason why people cannot access employment has little to do with employers. This is why many took issue with the O2 awards. Having no personal assistant support, inadequate housing and transport are the main reasons why persons with disabilities cannot access employment. If an individual cannot get out of bed in the morning or is worrying about making a house accessible because he or she cannot get a grant, that individual is not thinking about entering employment. Due to years of lifetime exclusion, many people have low expectations and are grateful for anything given. The Deputy is correct that people with disabilities make dedicated employees. Anecdotal and other evidence supports this assertion. In our submission we have detailed other reasons why people with disabilities cannot get into employment. It has very little to do with negative attitudes among employers.

Ms Winslow

The poverty trap is another element. In particular the income limit criteria for medical cards means people are afraid of losing their medical cards.

I assume if an amendment is proposed to the Bill on the basis of the medical card, it will be accepted.

Ms Winslow

The majority of local authorities have accepted the Barcelona Declaration. We would welcome a timespan on making buildings accessible and a more aggressive policy in this regard. The Disability Bill's proposals will mean a longer period for all buildings to become accessible. We welcome that new buildings now must have downstairs loos. It is the Irish Wheelchair Association's policy that lifetime adaptable housing should be adopted in full. The chances of a family having a member with limited mobility, particularly in the case of the elderly, are high. The association wants revenue flow to be linked with housing so that people can be supported if they are offered a house. The association is supportive of training schemes that will prepare people with disabilities to access employment.

Regarding our outreach centres, those employed on community employment schemes are shoring up core employment positions, such as drivers and programme assistants. That in itself is a crucial area. Another Department is funding work that comes under the Department of Health and Children and personal social services, as currently constituted. We want this area mainstreamed so that a driver, say, does not have to leave after three years, maintaining continuity. I stress, however, the use of community employment schemes as an interim measure is very valuable.

Mr. McGowan

Many disability organisations use the phrase "second class citizens" when describing people with disabilities. If I wanted to go out with friends in the Grafton Street area, I can think of only four pubs, clubs and restaurants with accessible toilets, meaning I have only four places from which to choose. Legislation in this area needs to be more proactive. The only legislation we have, the Equal Status Act, is reactive. The Employment Equality Act has somewhat stronger thresholds. Under the Disability Bill, the onus is on the person with a disability to take a case against an establishment. In many cases, people with disabilities do not want to do this as it might be their local pub or hotel and they do not want to annoy the proprietors. I have a serious concern with the Bill in this regard.

One exemption in the Equal Status Act is additional legislation that may be enacted by the Dáil. In the Disability Bill, public services and buildings are defined as those funded by the public purse and are required to become accessible by 2015. Even then, they are only required to meet the basic requirements of the building regulations. It will be an absolute disgrace if that supplants the Equal Status Act provision. I will be checking this with Mr. Neil Crowley of the Equality Authority. According to the Bill, it will be up to me to take a case against an establishment for not having a disabled toilet or ramp into the premises, rather than it being required to do this.

I welcome Ms Winslow and Mr. McGowan. I personally know of the great work the Irish Wheelchair Association does in Sligo as its office is close to mine. I am interested in their comments on how they find the Disability Bill unsatisfactory. Do they take into account the overall disability strategy, as outlined by the Taoiseach, incorporating the Comhairle (Amendment) Bill and the six sectoral plans? The former health boards used some discretion in the issuing of discretionary medical cards. How do members of the Irish Wheelchair Association fare under this arrangement? Does the association want the new Health Service Executive, on a national scale, to have more specific, proactive guidelines for the issuing of cards to those who would not financially qualify under the existing rules? Aids and appliances are normally issued through the occupational therapy department. Is there a financial cut-off point before people have to pay? Or is it that the aids and appliances issued are out of date?

I want to invite Mr. John Dolan and the other delegation into this discussion as there are corresponding issues. Is that agreed? Agreed.

I wish to be associated with the welcome extended to both groups. As the second group includes a member from Tallaght, the committee will not mind me welcoming him in particular.

I was struck by a number of items in the presentation. To be a little flippant, Olan McGowan reminded me that though I am from this parish originally, I know nothing about what is to be sampled in Grafton Street. I am glad he reminded me. I was more interested in the point he made regarding future need. It was interesting and challenging that he reminded us that even as we speak, disability is affecting people. Over the past couple of weeks I have worked with a family in my constituency where the man of the house was very badly injured in an accident. It brought home to me that people are suddenly confronted by such situations out of the blue. A family in a normal situation with the normal problems encountered by all families has been suddenly faced with a disaster. I am not being critical of agencies, but working with the family in question I noted it was being told to hold on, not to panic, and that help would be given in perhaps five years' time.

I often say that I bring my own experiences to my politics and I was particularly struck by this case, which relates to what we are discussing. I am interested in how organisations seek out new cases because that is important. I am not sure that people who incur accidents and are suddenly faced with major challenges know what to do or who to contact. We should appreciate this in terms of supporting the work of relevant organisations.

I recall being Chairman of South Dublin County Council in 1999. At that time I felt we were making progress in terms of facilities for the disabled. When we talk to groups now, I do not necessarily get the sense that we have done enough. There is a lot done and more to do. I wonder what we can do in this regard.

I thank the witnesses for their presentations. Like Dr. Devins, I am aware of the centre and the good work it does in Sligo. I am also aware of the lobbying done with people like ourselves, particularly on issues such as home care and the free schemes. When something goes wrong, Helen Rochford Brennan is on the phone morning, noon and night. It is good to have the association there. I hope its work continues, especially for Sligo, because the wider community benefits from having the association there.

The Irish Wheelchair Association caters for people up to the age of 65 and says that those over 65 should be assessed on their needs rather than their age. We would all agree with that. What happens with those over 65? Do they have special status as pensioners or do they have to fall in with everyone else?

I was touched by Olan McGowan's story of dependence on his personal assistant. It is clearly of major benefit, particularly for younger people with a disability who perhaps are involved in third level education, to have personal assistants.

Anne Winslow spoke of 500 people on a waiting list and there is also reference to that on page nine of the presentation. Does that refer to home care hours only or is this group of people also waiting for equipment or personal assistants, etc.?

The associations are very welcome. It has been great to hear them and to get a clear view on what is needed. I would like to have the needs thoroughly costed.

Personal assistants appear to be one of the priorities in facilitating the mainstreaming of people with disability. On page ten of the presentation there is reference to the community employment appointments. These were ring-fenced at 417 in 2002 but there were only 341 at the end of 2004. Why did those people leave? I do not mean individually as they may have simply chosen to go. However, a certain number was ring-fenced. There was a certain entitlement. The association alluded to this recently. Are personal assistants by and large recruited from community employment posts or from elsewhere?

I welcome John Dolan and Alan Dunne.

I chaired a community employment scheme for years in my constituency and I am aware of the difficulties regarding personal assistants. John Dolan has made pre-budget presentations on the matter. It seems this issue is never clarified. We are not clear what personal assistants do or from where the funding comes.

Some time ago we got a cost analysis regarding the cost to the Exchequer of ring-fencing in this area. Rather than go through this today I would welcome an opportunity for the groups to return and deal specifically with the issue of the costs involved if we mainstream. We want to understand this because we see the major benefits involved. I also see what happens in the community employment schemes on a day to day basis. We recruit people who are there for only three years. Part of that time is taken up by training and when the three years are up they are gone. Quite often too, when we advertise for people to participate in a community employment scheme, those who apply are clearly not thinking of working in the disability area. I say that in all propriety.

We would like to move ahead in this area but we can never get a handle on what the costs would be. Today may not be the day to discuss that. It is not a cop-out to say that we would welcome the associations again to present on that specific heading rather than coming along with pre-budget submissions which may achieve nothing. We want to get a handle on the matter and it would be important to get the relevant figures. We also need to know the numbers required. Olan McGowan said that if he had his accident now, as opposed to nine years ago, he would be in a much worse position. Why is that so? What is the difficulty?

We would like to know the costs and numbers involved and what the cost to the Exchequer would be. I am conscious that we made a pre-election agreement or suggestion that we would move towards mainstreaming and I would like to see that honoured.

Mr. John Dolan

I would welcome that. A number of elements are included under the community employment heading. It is an active labour market intervention supported through the Department of Enterprise, Trade and Employment. It has been of great significance to people with disabilities in helping them to move along the employment and activity path. There is also the issue of the work these people do to provide health and personal social services, which is a health issue. The Chairman's suggestion is helpful in terms of trying to unpack the different elements involved.

Members might agree to a date for a meeting on the issue. I do not mean months down the line. I would like to see the associations back here as quickly as possible to deal with the various topics referred to. They relate to three or even four Departments, including the Department of Social and Family Affairs to some extent.

Members want to be supportive and helpful but there are numerous issues involved with regard to the costs of mainstreaming. I will ask the clerk if we can organise a morning or perhaps an hour to discuss the matter so that at least when it comes to the next pre-budget submission we have clarity. I do not mind admitting that currently we are all over the shop. I should know better because I chaired a community employment scheme for years but I cannot get a specific handle on the matter.

Ms Winslow

From the IWA point of view, the personal assistant and home support service to which I refer is not supported by community employment schemes. We run that service in conjunction with the Health Service Executive and co-ordinate matters in that way.

All our staff employed under community employment schemes support our resource and outreach centres, which obviously also provide personal assistant programme help. Therefore, there must be confusion among members regarding who is doing what and so on. Mr. Dolan's point is crucial. It is the work being carried out by CE that supports people in getting on with their lives. That is the area that must be mainstreamed. Other agencies such as CIL have people working as PAs on a one-to-one basis supported by CE. It is an absolutely key area, and we must replace like with like. I hear what members are saying, and we would definitely welcome someone coming in to discuss this. It is absolutely crucial to the sector.

We ask for written submissions in advance so that, at least, when witnesses come in, our two hours can be spent usefully.

The Chairman and other speakers touched on the matter tangentially. They seem to be falling between at least three stools, the Department of Enterprise, Trade and Employment, the Department of Health and Children, and the Department of Social and Family Affairs. Perhaps when they return they might also address a proposed model that would eliminate a great deal of overlap, bureaucracy and people missing out.

I forgot to mention local authorities. In all such authorities, there are disabled persons' grants, but they apply only to the over-65s — at least, that is my reading of Dublin Corporation's book. The witnesses seem to be falling between a great many stools. Perhaps they might also address that problem when they return.

Ms Winslow

Regarding those over 65, we offer a service to people if they need it, regardless of age. However, in some of our service delivery we are being snookered. Even if people wish to access the service most appropriate to them and there is no alternative for over-65s in their area, they are not able to do so, since the Health Service Executive says they are not funded from the relevant budget. That is an anomaly; it is not seamless. If one is 66 and acquires a disability, and a PA service is the most suitable, one may not be able to use it if one is not funded from that budget. That is a matter of planning in the health service. It is an ageist issue.

Perhaps Mr. Dolan might make his presentation, after which we can have questions.

Mr. John Dolan

I thank the Chairman, members and the Oireachtas staff supporting the committee. Ms Wharton and others have always been very helpful to us. There is a temptation in setting out a presentation such as today's to give a shopping list. I will resist doing so. However, our shopping list in this sector is of things that people need rather than shopping as a leisure activity. The other thing about a shopping list is that we are more interested in value for money, the value of the service and its quality and diversity. As with shopping for groceries, there is an impact on health and life.

We want to try to get into current issues, trying to clear obstacles. Points have been made about falling between two or three stools, different Departments, CE being used for one kind of service in one place and for a different one elsewhere. Another organisation would have a different slant on it. It is a matter of trying to unpack some of those things. We are at a marvellous time to have that sort of discussion, in view of the Disability Bill, the disability strategy, and the health reform programme. If we had been having this discussion four years ago, it would have been constrained by circumstances. However, that is no longer the case, and that is why it is so important to bring together those different threads.

Regarding personal and social services, one important thing to acknowledge is that they have been addressed in Ireland as part of the health system. Admittedly, we had different delivery agencies, but it was all part of the health Vote. That is not the same in the UK and other places. Therefore, there is an opportunity to integrate general health services with personal social services more easily. The issue for people with disabilities is that they do not simply just require one service in one way.

We will have to suspend for 15 minutes, since there is a vote in the House.

Sitting suspended at 10.45 a.m. and resumed at 11.10 a.m.

We have an apology from Senator Feeney who is speaking in the Seanad and cannot be here for questions. I have to leave for another meeting also, and the Vice Chairman will take over.

Deputy Devins took the Chair.

Mr. Dolan

Before the suspension I raised the area of personal social services. I made the point that in our system health and social services come under the one umbrella. Often, the problem in the past was that one side might have been out of kilter with the other. People with disabilities are not of the same size, so the same fit does not work for everyone. It is also a function of the life circumstance of people. Deputy O'Connor made the point earlier that the position people find themselves in, regardless of whether they are in a relationship, have children, are employed or whatever, is part of a whole raft of socio-economic factors that impact as well as the particular condition under review. The system has to be robust enough to work from there outwards. Ireland has much ground to make up and at the same time considerable progress has been made. In the past there was not much talk about personal assistance or home support and people just went into an institution. A great shift has come about within a relatively short space of time but we have not caught up with the ramifications of that. Now is the time to connect the various matters in the context of health service reform and the mainstreaming of services and reports. The little discussion we had before the break as regards community employment is one of a myriad number of examples where matters have to be stitched in between different parts of the health system.

All of these matters require a cultural shift in the way organisations think about the issue, from Members of the Oireachtas to the broader health system. There has to be a stronger culture as regards dealing with these issues in partnership.

Earlier there was a discussion about services for the elderly, people with disability and children. These areas are ostensibly separate, but are they? A child can be disabled. An adult with children can be disabled. People are living longer, whether disabled or able-bodied. There is the potential for less functionality and various disabilities and conditions for people as they grow older. In addition there are more people with disabilities who would not have survived in the past. That is a measure of success in the midst of much concern over the health services. People with spina bifida, for example, would not have had a similar survival rate 40 years ago. One can think of many similar examples.

Now there are other issues, however, and we are not well-equipped to think on the ramifications of these. On the issue of service centred planning, services and systems have to be designed from the perspective of the lives and circumstances people are in, not from the viewpoint of how the system works.

Regarding the Disability Bill, Part 2 deals with the whole area of definition, assessment of need, complaints procedures and so on. That all relates to the specialist support services people need, whether occupational therapy, physiotherapy, speech and language therapy, personal assistance or whatever. Ultimately, these are nothing more than enabling services and not an end in themselves. A person has a personal assistant because otherwise they could not do what the rest of us get on with, in terms of getting dressed, washed, going around the house, doing various chores and getting out and about. They are not an end in themselves. It is useful to think about this in terms of these services getting people to a point where they should be able to engage in other matters such as education, community activities, training, using public transport, etc. Increased funding is going into the area of personal social services and from our viewpoint, much more has to be invested. However, when people are up first and best dressed, so to speak, can they go anywhere? Is the house congenial, a matter for the Department of the Environment, Heritage and Local Government? Can they get to the training course? If they reach first and second level, can they go on to do something else? If they get jobs in the Civil Service, will they be able to do career development, go to college at night time or whatever? The real value for investing in personal social services, the health Vote, is in respect of matters that may be accessed outside of health. That brings the remit of this committee into focus. It is like community employment in so far as other actors need to be brought into the picture.

I will not go back over the issues and concerns surrounding the Disability Bill as regards definition, assessment, etc. Part 3 of the Bill is about public services. The first agreed programme for Government in 1997, which was continued in 2002, stated: "We are committed to ensuring that disability is placed where it belongs, on the agenda of every Government Department and public body." That is a clear, simple outline of Government policy. If one is dealing with transport and the public who use it include people with disabilities, one must face the problem of how to deal with this. Similarly with education and housing, the needs of disabled people must be factored in among the diversity of people who comprise the public.

Part 3 of the Bill needs to stitch in a statutory duty on Departments to carry their share of responsibility in this regard and it does not do that sufficiently. It is well articulated in Government policy and when the Taoiseach launched the disability strategy in September, his speech was peppered with that understanding. It was a great disappointment to me to read the way in which the Bill was constructed. I do not want to spend too much longer on that, but there is a misfit between the way it is constructed and what I regard as sound Government policy as regards this area.

The Department of Health and Children has been dumped on for generations, as alluded to by Ms Winslow when she talked about transport. That happened because of the lack of mainstreaming and the disabled were automatically equated with the health area. There is an opportunity for Members of the Oireachtas, particularly members of this committee, to make sure other Departments come half way. In the Health Act 2004 one of the first objectives of the HSE is to deal with the integration of services such as DPG, housing, in-home support, aids and appliances and so on. Other Departments have to step up to the mark on housing. The sectoral plans provided for in the Disability Bill 2004 are weak and a disappointment. Every Department and public body has to disability proof its activities from policy planning to operational activities. It is not just about tweaking operational issues. It would be a useful first step to give Departments an annual opportunity to explain before Oireachtas committees what they have planned for people with disabilities.

There is one telling issue on the reform programme which is serious from our point of view. We keep hearing that there are 100,000 whole-time equivalents in the health service. The Tánaiste recently spoke about 120,000 people, as distinct from whole-time equivalents. It is a fact that these figures do not allow for a large group working in voluntary organisations. For example, there is a figure of between 1,000 and 1,500 for the IWA, not one of whom is counted. The people concerned are actually part of the health service and helping others. The census showed that there were just under 150,000 carers, of whom 40,000 work more than 43 hours per week. They are human resources in the health service and represent 40% of the total we are told work in the system. That is the challenge of integration — we have to acknowledge that there are many people working in different places and in different ways. Before we can get to fund them, we must acknowledge what we have and integrate the voluntary sector and the HSE in planning.

Ms Winslow spoke about peer counselling. People are very clear about some services such as personal assistance, transport, day and respite programmes. However, there is much work done by organisations which is less obvious such as the provision of information, advice, support and peer counselling. These services are very much part of the fabric of providing assistance. If someone is diagnosed with epilepsy, the first thing he or she will do is to seek out an organisation which deals with the matter.

We have often been frustrated in dealing with the health sector and the public sector in general. This is because staff from each Department believe some issues have nothing to do with them. At one level this is true but for an individual or a family, all services interconnect. This has not been solved from a planning perspective. We are at a magnificent stage for the health service because the old system has been levelled in the past couple of years. The architects are designing a new one. Unlike Leinster House, this building was designed to cater for people with disabilities. There is an absolute obligation on designers to remember that members of the public suffer from disabilities and disabling conditions. Deputy Cowley made the point that conditions are not always chronic. There are now more medical and surgical support interventions to keep people healthy. However, there may be times of crisis when people do need support. They should be able to get on with life but receive the service that they need when they need it.

We have heard from Members of the Oireachtas, members of health boards who are dearly departed and officials in the public and the Civil Service.

It took me a few seconds to realise what Mr. Dolan meant when he referred to people dearly departed.

Mr. Dolan

I welcome back the Deputy. Such persons tell us that they are very sorry but that this is the way the system works. As we are now at the point where a new system is being designed, people will not be able to tell us in three years time that they cannot deal with the issues because the system works in a particular way. It has to be flexible to alter approaches.

There are certain time constraints as committee members wish to ask questions. Will Mr. Dolan conclude his presentation in the next couple of minutes?

Mr. Dolan

I will. The concept of population health gives us an opportunity to start looking at ways of ameliorating the impact of disability and disabling conditions. This approach is central to the redesign of the Department and the HSE.

There was a great sense of relief after the last budget, especially given the two budgets that had preceded it. Resources were injected into a number of areas. The budget also introduced for the first time the idea of multi-annual funding, which is highly significant. We might crib about the amount but can leave that aside for the moment. It is a magnificent way to start by planning over three to five years. It is important that we can contribute to the thinking behind those processes which work for people. We want to see more achieved on a number of issues.

There are a number of opportunities in regard to the Health Act 2004. We would have liked some amendments included but this opportunity has passed. However, the Act offers opportunities for the Department, the Tánaiste and the HSE to include the voluntary sector and the support it can bring. We welcome that the executive must have regard to the services and activities we provide. We wish to ensure it does this in an active and ongoing engagement.

Issues arise in regard to consultative fora of one kind or another. For example, will it deal with corporate plans within itself or will it have regard to the fact that there are many carers and organisations? Will advisory panels or otherwise be included in the mix? A number of matters come together in this regard, for example, the attempt to deal with the public service's statutory duty in regard to the Disability Bill is important. We are at a point not reached for decades in terms of reform of the system and making it accessible to people's needs.

The question of value for money of the investment in or spend on people with disabilities in terms of health services is not judged by whether one can streamline an application process or save on various aspects but on whether a person can go to college or use public services that are available to everyone else, such as a bus. This is the cutting edge of value for money.

I and other speakers referred to specialist support health services. People with disabilities are not immune to other health concerns, disabilities or conditions and in some cases are more likely to have some conditions, for example, diabetes. Therefore, just as Mr. McGowan made the point about accessing local health centres, it is imperative that active intervention programmes are in place to ensure people with disabilities access health screening and different services such as mammograms or for common ailments of the ears, nose and eyes that can cause other problems.

Establishing multidisciplinary health teams is part of the reform programme. They must be told that people with disabilities are not somewhere else; they are in the communities covered by these health teams and must be served by them. Perhaps the health teams will have to link with other organisations and services to follow up on issues, but they must bring them in. Now is the time we can achieve progress but the time will pass. We must decide to act or not.

I welcome Mr. Dolan and Mr. McGowan. Mr. Dolan referred to the health board, although he may have been half-joking. He and I were colleagues for a long time on my local health board and on the Eastern Regional Health Authority. It would be interesting if he could outline the challenges caused by the absence of the health boards and the accountability structure that was in place for organisations such as his. It was an important forum. I understand the debate on this issue and support Government policy, so I will not speak out of both sides of my mouth. However, I sense the absence of the health boards leaves a gap. I particularly get the impression that groups such as the Disability Federation and the Irish Wheelchair Association have lost a forum. How will it compensate for that loss?

I welcome the Disability Federation of Ireland and the Irish Wheelchair Association. It is obvious much work has gone into their presentations, which contain great knowledge. I thank the delegations for this as they have provided much we need to know. I am sorry they do not have more time to explore the detail they need to make their cases as best they can. However, within the time constraints, they have got across a broad idea as to what they consider the main problems.

My question relates to the Disability Bill, which was much hoped for. However, the first Bill was thrown out and we are now on to a second version. Will it be third time lucky? Is there any hope of resurrecting the Bill or should it be thrown out?

Mr. Dolan

With regard to Deputy O'Connor's question, the voluntary bodies got stitched into the governance structures of health boards under the Act, which dealt with the ERHA and the area health boards. They were not part of the governance of the old health boards although there was a commitment from the Department in the mid to late 1990s to draw the voluntary sector into that governance. This was done in an awkward way in terms of the ERHA legislation — it could have been done in a more rounded way. However, leaving that aside, the measure was quite useful. For those on our side, to learn more about the ins and outs of the general health service was a great education and it is fair to say our contributions were helpful to those on the local authority side.

One of the matters we regret was not dealt with in the Act but which the Department could have dealt with is the need to put an onus on the HSE to regard the voluntary sector as partners. It is an opportunity for us but also a challenge to share the responsibility of trying to achieve solutions within the context of the governance structures, and to all push in the one direction, have our debate and make progress. This can be done and I would love to see the matter explored.

I had concerns in this regard, which is why I raised the issue of the 100,000 people. There is a mindset that assumes the only people supporting health and social services are those who are named on that list. What of home helps and those who operate the meals on wheels service, all of whom are part of this? The problem is caused by reluctance to not have straight lines in plans, where everything has its place but different interests do not talk to each other. Making the system more lateral and drawing more into it is a huge challenge. I did not favour doing away with the role of public representatives on boards. However, I was clear and spoke publicly about the need to have a mixture of public representatives and people working on the voluntary side. We must find a new way to do this.

Did Mr. McGowan wish to contribute?

Mr. McGowan

I want to comment on the Disability Bill when Mr. Dolan finishes his contribution. I want to address some specific questions on my presentation.

Mr. Dolan

It is the third time lucky Disability Bill. The next question will be whether it is fourth time lucky or fifth time lucky.

My head is in two places on this issue. We are not happy with the Bill as constructed. In regard to the public service aspect, an amendment should be included to impose a statutory duty across Departments to be proactive. I was struck by Mr. McGowan's comment regarding the significant amount of reactive legislation. It is only when something goes wrong that legislation is enacted to remedy it.

What is needed is legislation which simply states that the public includes those who have or will have disabilities and that these people are entitled to the same public services as anybody else. In this context, Departments must be obliged to indicate a commitment in this regard in their annual plans, strategy statements and in their accounting to the Oireachtas. Without interfering in the business of Departments, it should be possible to bring departmental representatives before Oireachtas committees to answer for their progress in accommodating persons with disabilities in the context of their area of responsibility. This is a practical and useful change that could be made to the relevant part of the Bill.

A lively debate is ongoing in terms of definition and assessment and work is certainly required in this regard. There are aspects of the Bill which people would be loath to lose, such as the sections dealing with genetics, irrespective of whether such an issue should be covered in this legislation. It is undeniable that progress is taking place in our sector and we cannot continue to object to developments willy-nilly and demand new legislation. It is a matter of doing the best we can to get this Bill right and accepting that significant movement is being made. The key issue is the role of Departments.

Mr. McGowan

If the committee takes anything back to the absent members I hope it is my comments on the Disability Bill 2004. It represents a slap in the face for those with disabilities.

I was asked earlier whether I had considered the disability strategy apart from the Bill. It was inevitable that the multi-annual funding package for disability services would be good in 2005 because of the coincidence with the publication of the Bill. The funding is likely to be the best ever this year as the Government attempts to ease the path of the legislation by appearing to invest a significant amount in this area. However, the €900 million is a pittance when broken down and spread over five years. A major part of it is eaten up in prior commitments, benchmarking payments and other avenues. Little of the investment will be seen in terms of the provision of new services.

Sectoral plans do virtually nothing more than repeat what has already been included in partnership agreements. They are neither holistic nor comprehensive. The plan for the Department of the Environment, Heritage and Local Government, for example, does not even mention housing which is one of the most important issues for those with disabilities. We should forget about the sectoral plans altogether.

The entire disability strategy rises and falls on the Disability Bill 2004. The legislation is the pivotal point and the rest is meaningless if the Bill is not right. It is an understatement to say the Bill is not right. If enacted as it stands, it will make the situation worse. I would sooner have it thrown out. I had told Ms Shivaun Quinlivan and Mr. Gerard Quinn of the law faculty in NUI, Galway, two of the foremost legal experts in the area of disability, that I was planning to suggest some amendments to the Bill. However, Ms Quinlivan understood my difficulty that I did not know where to start.

The entire structure of the Bill is utterly wrong. An holistic approach is absent and it serves to reinforce inadequate Government policy by representing persons with disabilities in terms only of their disabilities. The Bill is very much rooted in the old-fashioned medical model in its emphasis on health services. The provisions regarding assessments of need do not ensure independence and the entitlement provisions are inadequate. Instead of inquiring about our definition of a "rights-based" approach, will the Government explain its understanding of this term, which Government members have used in the context of this legislation? It seems our understanding is entirely different from that of the Government in this regard.

I would appreciate if the committee would inquire of the Minister of State, Deputy Fahey, as to who has welcomed the Bill. He has claimed in the local media in Galway and in the national media that he has received positive feedback from those working in the area. I do not know anybody who has expressed such satisfaction. I reject the Disability Bill 2004 as thoroughly inadequate.

I thank Mr. Dolan, Mr. McGowan and Ms Winslow for enlightening the committee as to the fundamental issues regarding the provision of services for persons with disabilities. It has been an informative and worthwhile session for the committee and I assure the delegation that the area of disability is a core priority for us.

The joint committee adjourned at 11.50 a.m. until 9.30 a.m. on Thursday, 24 March 2005.

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