Seanad Éireann debate -
Wednesday, 24 May 2023

Vol. 294 No. 6

Nithe i dtosach suíonna - Commencement Matters

Special Educational Needs

Senator Tim Lombard

I welcome the Minister of State, Deputy Kieran O'Donnell. It is great to have the opportunity to debate this issue regarding the Minister for Education's need to review the process of assessment of the criteria for people seeking the assistive technology grant. It is a very serious and significant issue, with the Ombudsman for Children having received more than 1,800 complaints, 30% of which related to education, and my understanding is that the majority were about this particular issue.

This concerns the ability of people to access technology. The assistive technology grant gives the opportunity to children to engage appropriately within the class setting. If we have a situation where the grants are being denied, as is the case at present, then the ability of these kids to reach their full potential is lost. I am deeply concerned about what is happening at the moment. There has been a lot of speculation and talk about these issues and we need to move forward, if possible.

A parliamentary question was tabled in 2021 and the reply set out that the criteria special educational needs officers, SENOs, were using were outdated, and they were using criteria that went back to a circular published in 2002 instead of a circular published in 2013. Because of their ability to go back to this circular from 2002, they are disproportionately taking the grant from children who need technology, and that has knock-on implications for them going through the entire education system. There are children in the third or fourth centile who are not getting the grant. It is beyond belief that children who are in such need of this technology are not able to get the grant.

The bar in the circular has been set miles too low. The reason they are going back to the circular of 2002 is to limit the grants being given out for financial reasons only.

That is a really poor statement to make about an institution like the Department of Education. What we are talking about here is the need to have a grant which is available for kids so they can get their technology at an early stage and can go through the education system. There are so many issues about this. It limits the potential for a child to reach his or her full potential. It is shocking that we are limiting the ability of that child to become what he could become in adult life. There is also a huge issue around the fact that if one gets the technology, it stays with the school. I know of a student in west Cork who had the technology in primary school before she left to go to secondary school. It is now the month of May, and she has not got her technology for first year yet. She has gone through a portion of her secondary school education with no technology. It is like taking the glasses away from a child who is visually impaired, and saying, "Go to the classroom". For that reason, that family and that child are totally disenfranchised when it comes to her ability to reach her full potential.

We also have an issue around the schools. Primary and secondary schools need to have an understanding of the technology itself. This is only the grant. One can still use the technology in the school. This is only about the financial means to get the technology. If one has the means to have a computer or iPad at home, the technology is on our phones at this stage. Speech, text and all these issues are on one's phone. We need to have an education policy put in place for the schools, because the schools do not realise what this is actually about half the time.

The other significant issue we have is that, unfortunately, the State Examinations Commission board will only determine when one can use that technology within weeks of one starting one's exam. To put this in context, a student in Bandon who got her technology in first year was told just yesterday that she can use it for her junior certificate, which is starting in a few weeks' time. If she was told "No", she would have lost her ability to do her junior certificate. It is beyond belief.

Acting Chairperson (Senator Victor Boyhan)

I thank Senator Lombard.

Senator Tim Lombard

There is an awful lot there. I appreciate that the Minister of State is not the Minister in line. We need to have an urgent review of what is happening here because nobody is joining up the dots. It is bizarre.

Acting Chairperson (Senator Victor Boyhan)

I thank Senator Lombard. The Minister of State has four minutes to respond.

Minister of State at the Department of Housing, Local Government and Heritage (Deputy Kieran O'Donnell)

I thank Senator Lombard for raising this important matter. I am responding on behalf of the Minister for Education, Deputy Foley, and the Minister of State, Deputy Madigan. Enabling children with special educational needs to receive an education is a priority for this Government. This year, the Department of Education will spend in excess of €2 billion, or over 25% of its budget, on providing a wide range of schemes and supports for children with special needs. I am pleased to say we have secured an additional €2 million funding in budget 2023. This represents an increase of almost 60%, or about €5.5 million, in funding this year versus about €3.7 million which was eventually spent last year. This increased allocation supports my Department’s commitment to ensure that a full range of resources, and not just teachers, are available.

The assistive technology scheme is provided by the Department of Education to supplement the overall approach to providing funding to schools for digital technology and equipment to support children for education purposes. All equipment provided under this scheme supports children who require essential specialist equipment in order to access the school curriculum. We see assistive technology as a critical enabler for those with special educational needs to gain the maximum benefit from a modern, technologically focused education system, and this increased allocation shows the continued commitment to ensuring that a full range of resources, not just teachers, are available to support children with needs.

There has been a large increase in demand for assistive technology in 2022 over previous years, so that the number of applications has risen by 44% to 6,845. There has been a substantial increase in the number of applications received, but it is important to note that the success rate has remained consistent. Senator Lombard has drawn attention to the Ombudsman. I followed up with the Department on that. The Senator might give more details on that. The current success rate is 72% consistently per year, as it was in 2022. That means that 28% are not recommended by the special educational needs organisers, SENOs.

With regard to the application process - Senator Lombard made reference to this earlier - the National Council for Special Education, NCSE, through its network of local SENOs, is responsible for processing applications from schools for special educational needs supports, including applications for assistive technology. The SENOs make recommendations to the Department where assistive technology is required operating within the departmental Circular 10/2013. Senator Lombard made a reference to a previous circular; he might elaborate on that.

I want to go to the core of Senator Lombard's question. I wish to confirm that the Department of Education is currently reviewing the scheme to ensure that it is working as effectively as possible for these children, and that the resources are allocated appropriately as we move from a diagnosis-based system to a needs-based system. The review is ongoing and is expected to be completed by autumn 2023. I would suggest, respectfully, that Senator Lombard follows up with a submission of his own to the Department on this particular matter. There appears to be a lot of detail. It is all about children reaching their potential, and we do not want a delay in them getting the assistive technology. This process will have a consultative element and relevant stakeholders will be invited to participate. I certainly feel that Senator Lombard very much falls within that category, as his colleagues do.

As I have mentioned, this scheme is part of an overall approach. In April 2022, the Department of Education announced the digital strategy for schools to 2027, and associated grant funding for all recognised primary and post-primary schools for digital technology infrastructure. By way of a quick overview, as part of this strategy an ICT grant will be provided to schools, with €200 million committed over the period of the strategy. This approach facilitates multi-annual planning by schools to allow them to plan effectively for all of their children. The Department also funds broadband connectivity to all recognised primary schools and post-primary schools through the schools broadband programme at an annual cost of €13 million. Senator Lombard made reference to education for the teachers and the schools themselves. It is an integrated approach. Once schools get direct ICT funding on ICT, it is a question of how they can use that to assist our children. There may be situations where a child needs specific further supports through the assistive technology. It is an integrated approach.

I thank Senator Lombard for the opportunity to talk about the assistive technology scheme. It is such an important mechanism for providing technology for children with more complex needs. I look forward to the Senator's follow-up.

Senator Tim Lombard

I welcome the opportunity to make a submission to this review. The review is something we have been calling for and talking about for so long. There are many issues here. The idea of going back to a circular, which came out in response to a parliamentary question in 2021 or 2022, needs to be explained and taken apart. It is out of date, and not fit for purpose. However, the real issue here is that we need to have a body of work in place to make sure that children reach their full potential. Technology has changed dramatically in the last five years. There needs to be a body of work to educate teachers and the Department of Education about what is out there. I think they are behind the curve on assistive technology, and the need for it. That I have students who are still awaiting the approval of the State Examinations Commission for the use of assistive technology for their junior certificate exams, even though they have spent the last two years using it, is a sign of how out of date this is. The other issue about the technology is whether it will be for the school or the child. It is bizarre. I know of a child who is nearly finished first year with no technology, even though she had it for her previous time in school.

Acting Chairperson (Senator Victor Boyhan)

I thank Senator Lombard.

Senator Tim Lombard

I welcome the whole new approach to it, but we need to make sure it happens sooner rather than later.

Deputy Kieran O'Donnell

Once again, I thank Senator Lombard for bringing up this important matter. For parents and everybody else, our children's education is probably the most critical thing in their lives. By way of overall summary, the schools get ICT funding and broadband funding. They are supposed to cater for the needs of the children in their school. There may be situations where it is not possible to cater for the needs of specific children. That is where the SENOs come in. They look at the assistive technology scheme for individual cases.

The Senator made reference to departmental Circular 10/2013, which they are supposed to look at regarding that requirement. However, there is a review of the scheme under way. We are looking to have that concluded in the autumn. It will be going out for engagement with stakeholders. I suggest that Senator Lombard, regarding interaction with individual schools and pupils, would continue to survey his schools to see how they feel about the scheme, and that could feed into his submission to the Department.

Animal Welfare

Senator Lynn Boylan

Tá fáilte roimh an Aire Stáit. This morning, I want to raise the matter of the rehoming of horses which are seized under the Animal Health and Welfare Act 2013. I had my own Bill, the Animal Health and Welfare (Dogs) Bill, which passed Second Stage unanimously here. Unfortunately, the guillotine meant that it did not progress to Committee Stage yet.

The reason I have tabled this Commencement matter is to flag once again to the Government that if we are going to close the gap and introduce legislation to deal with animal health and welfare, we need to get it right in one go. This means addressing the gaps in the re-homing of dogs and the re-homing of horses. I will give an example that has been in the newspapers multiple times. This is the case of a horse racer who had 35 counts of animal cruelty against her. The horses have been with a welfare organisation for a number of years. It has cost it €350,000 to keep the horses. They are thoroughbred racehorses that were in a state of neglect. They were taken in by the welfare organisation but it is that organisation which is footing the bill while the person tries to obfuscate and delay the court proceedings.

We all know the horse racing industry gets a huge amount of money from the public purse. When things go wrong in the industry it is the welfare organisations that must pick up the slack and clean up the mess left by the rogue operators. The bare minimum we should do is ensure that horses are re-homed as soon as possible and that people who engage in animal cruelty are not allowed to obfuscate and cause obstruction in the justice system. I look forward to hearing the response of the Minister of State.

Deputy Kieran O'Donnell

I thank Senator Boylan for affording me the opportunity to speak on behalf of the Minister, Deputy McConalogue, on this matter. I acknowledge the effort and commitment of the animal welfare organisations involved in the care, welfare and re-homing of horses, which often operate in challenging and stressful circumstances.

With regard to equine welfare, the Department of Agriculture, Food and the Marine has stressed in the past, and continues to stress, that it is the responsibility of horse owners to ensure the welfare of horses in their ownership and care and to dispose of them appropriately. The Animal Health and Welfare Act provides an up-to-date and modernised system for enforcing the welfare of all animals, including horses. The Act is wide-ranging legislation designed to meet many different situations regarding animal health and welfare and the programme for Government specifically commits to its continued robust enforcement. The Act provides for penalties on summary conviction of up to €5,000 and-or six months' imprisonment or, on indictment, a fine of up to €250,000 and-or imprisonment for up to five years. The Act also provides powers to disqualify people from owning or working with animals for a period, including, where appropriate, for the life of the person, as the court considers appropriate.

Prosecutions under the Act have been pursued following investigations by authorised officers of the Department, An Garda Síochána, with all gardaí being authorised officers under the Act, and authorised officers of the Irish Society for the Prevention of Cruelty to Animals, ISPCA, and the Dublin Society for the Prevention of Cruelty to Animals, DSPCA. These officers investigate matters relating to animal cruelty and neglect and, where the evidence supports such action, a file is prepared and the matter pursued through the courts. The Department works closely with these bodies and I take this opportunity to thank all those involved for their work in the field of equine welfare.

Section 42 of the Act allows authorised officers to serve an animal health and welfare notice in a range of circumstances set out in the Act, including where the welfare of an animal or animals is at risk. Section 44 of the Act sets out that, where an animal health and welfare notice has not been complied with, the animal or animals subject to the notice may be seized, detained, sold, disposed of or destroyed. Therefore, this provision allows for the seizure and re-homing of equines following a breach of an animal health and welfare notice issued under section 42.

The main powers of enforcement under the Act are contained in section 38, which provides for extensive powers of inspection and investigation including, in appropriate circumstances, the seizure and detention of animals without the issuing of an animal health and welfare notice. I understand these are emergency situations. Section 38 does not provide for the disposal of seized animals. For horses seized under section 38, a decision on whether they can be re-homed is made by the courts at the conclusion of any legal proceedings. Senator Boylan spoke about the costs involved in this. Under section 38A of the Act, the Department and local authorities have the power to recoup costs associated with the upkeep of animals seized by authorised officers of these bodies. If these costs are not paid, the animals may then be disposed of. This means that in the case of horses seized by authorised officers of the Department or local authorities under section 38 where such costs are incurred and are not paid, the horses can be re-homed.

Department officials are aware that, on occasion, pending court cases, there may be a prolonged period of detention of equines where an animal has been seized under section 38 and a court case is pending. As with all legislation under its aegis, the Department keeps the Animal Health and Welfare Act 2013 under constant review and the provisions for the seizure, detention and disposal of animals, including for re-homing, will be considered in this light. This morning, I spoke to officials in the Department of Agriculture, Food and the Marine and asked them to take up the specific point Senator Boylan has raised. They are aware of it. I have asked them to look at it. The Senator has pointed out there may be a lacuna in section 38 versus section 44. Under section 44, animals can be re-homed whereas under section 38 this can only happen after a court case.

The increased emphasis on the re-homing of horses is being assisted greatly through the Department's funding to animal welfare organisations. In December 2022, the Minister announced record funding of more than €5.8 million to 99 organisations to assist their work in animal welfare. I am sure there are probably 100 at this point. A number of these are actively involved in rescuing and re-homing neglected horses. Separately, the Department continues to take a proactive approach in tackling urban horse welfare challenges through supporting the education of young people in the care and welfare of horses. This work is carried out in close collaboration with local authorities.

Senator Lynn Boylan

I thank the Minister of State for raising directly with the Department the particular point I am raising. Section 38 is the key issue. The example I have given is that horses seized, as with dogs, are held for very lengthy periods. This is not in the interests of the animal's welfare. As I have said, it carries a significant cost for the welfare organisations homing them. The Minister of State said that under section 38A, if the costs are not paid, the animals may be disposed of. In the case of horses, not a single case has been taken by any local authority under section 38A to recoup the costs incurred but not paid for homing any animal seized under section 38. I have confirmation of this from the Department. This is the nub of the problem. People who want to obstruct the course of justice are deliberately delaying court proceedings so these animals cannot be re-homed and the organisations looking after them are footing the bill. This is why it is section 38 that needs to be reformed. The control of dogs steering group report is an opportunity to address both of the gaps on horses and dogs.

Deputy Kieran O'Donnell

I thank Senator Boylan for raising this issue. She has pointed out in a cogent way the issue with section 38. I will follow up on section 38A and I will ask the Department again to follow up with the local authorities on this. There may be a specific reason for it. I find that in the main those working in this area in local authorities do their job in a very deliberate and compassionate way.

Senator Boylan has spoken about the recoupment of costs. The steering group is up and running and I will ask the Department to look at it. The substance of what Senator Boylan is saying is that she wants section 38 examined to see whether we can find a mechanism whereby horses can be re-homed quickly. This is the essence of the matter. I will take it up with the Department of Agriculture, Food and the Marine and the Minister.

Tourism Industry

Senator Erin McGreehan

The Minister of State is very welcome to the House and I appreciate him being here on behalf of the Minister, Deputy Catherine Martin. I am very grateful that she sent her apologies to me yesterday. I want to speak about the importance of inclusive and accessible tourism. As a society, we recognise the necessity of ensuring everyone can participate in activities without restriction or barrier. This includes ensuring all people have the ability to travel and enjoy tourism experiences. Tourism is an essential component of our economy. It is crucial that we embrace the concept of inclusive and accessible tourism to ensure all people feel welcomed and valued.

It is completely unacceptable that many disabled individuals and their families face significant challenges and barriers when it comes to enjoying what our country has to offer.

It is a missed opportunity for adventure, growth and learning, never mind an opportunity for financial reward from being able to get more customers. We cannot continue to exclude a large proportion of our community. We therefore need to work together to ensure that tourism facilities and destinations are made more accessible and welcoming for all. It is essential to provide information, training and support to tourism operators and stakeholders to ensure they can be responsive and can accommodate the needs of guests with disabilities.

For this reason, I believe the Government has a responsibility to create new funding schemes to support organisations and communities to upgrade their tourism facilities. Such a programme would give financial aid and capacity-building opportunities to businesses and individuals to make their facilities more accessible and welcoming for all. For example, we could have an accessible tourism enablers' grant that would improve tourism and events. Businesses could create more acceptable websites, guides, images and videos and introduce adaptive and assistive technologies and equipment that would maximise the visitor experience. We could have a tourism infrastructure grant to enhance and develop accessible tourism projects, raise awareness of accessible tourism experiences and enhance existing tourism infrastructure or products to develop accessible visitor experiences. We could have a boosting accessible tourism grant that would fund the development and enhancement of tourism products to create smaller scale infrastructures that would make things more accessible for everyone.

Through such schemes, the Government could inspire innovation in the tourism industry, paving the way for world-class accessible infrastructure and technologies that will be vital for a thriving tourism sector. I am in no doubt that funds such as this would increase the number of tourism experiences and events delivered for all our community. It would have a huge positive impact on communities for all visitors. It would also provide an economic opportunity for small businesses throughout the country to attract more customers.

By working together, we can make sure that travel and tourism experiences are more accessible and inclusive. There are so many barriers in our society. We all look forward to experiencing tourism and tourism experiences around this beautiful country during our summer break. There should not be any barriers to people with disabilities in our families and communities.

Deputy Kieran O'Donnell

The Senator has raised a very good point. I will take this debate on behalf of the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Deputy Catherine Martin. The Senator has been in contact with the Minister, and obviously both the Minister and her officials will keep a very close eye on this debate.

The role of the National Tourism Development Authority, Fáilte Ireland, is funded by the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media, and supports the long-term sustainable growth in the economic, social, cultural and environmental contribution of tourism to Ireland. The Minister has secured funding of €36.5 million in capital funding for Fáilte Ireland in order to support tourism product development and for the continued delivery of enhanced visitor experiences in line with the objectives of the National Development Plan 2021-2030.

Broadly speaking, Fáilte Ireland has four main funding channels for its capital investment in tourism product development to support the development and enhancement of tourism attractions. These are large grants schemes which are provided under the platforms for growth's approach to such schemes; small grants schemes are targeted schemes which are usually aligned with the tourism experience brands; strategic partnerships and other collaborations; and direct investment in experience brand infrastructure.

Fáilte Ireland takes into consideration accessibility whenever developing capital projects. Under the second platform for growth scheme, the “exemplar design” for water sports facilities, for example, was designed with regard to the CARA guidelines for inclusive recreation in the outdoors.

Recent changes in legislation amend Part M, which falls under my remit in the Department, as does housing for people with disabilities. It is an area in which I am very interested. This issue expands into tourism and now includes the provision of changing places or toilets in certain buildings. In March of this year, Fáilte Ireland approved an organisation policy position to include "changing places" facilities in all new product development projects, where appropriate.

Fáilte Ireland works in partnership with the Government, State agencies, local authorities, representative groups and industry to develop tourism across lreland by creating destination development plans and networks, which includes investing in infrastructure. Fáilte Ireland also provides consumer and buyer insights.

Accessibility is a central element of any responsible and sustainable development. It is a critical component of tourism development, enabling all people to participate in and enjoy tourism experiences. This does not only equate to providing access to those with disabilities but it also addresses the importance of creating universally designed environments for people with physical needs, the increasing ageing population and those who have difficulty with mobility.

Implementing the principles of accessible tourism involves a collaborative process. Fáilte Ireland, working in partnership with public agencies, local authorities, NGOs and local stakeholders, will continue to use best practice in implementing the principles of universal design across all projects to ensure that all persons are able to use and enjoy all available amenities in an equitable and sustainable manner. This also showcases to other towns and cities around the country what can be achieved and the way forward for other projects across lreland.

Accessible tourism is about making it easy for everyone to enjoy tourism experiences while bearing in mind that improvements in accessibility can result in increased visitor numbers and enjoyment for all tourism. To further enhance its work in this important area, Fáilte Ireland is recruiting an inclusive tourism manager to oversee the new Fáilte Ireland inclusivity programme and to help shape and influence the future of tourism in Ireland. This role will support the Irish tourism sector in developing a tourism product that is inclusive of all tourists and travellers the length and breadth of Ireland.

By way of observation in the limited time I have, Fáilte Ireland has grant schemes. The Senator has asked whether there is a way to ensure they are fully disability proofed. When the inclusive tourism manager is appointed I would expect the Senator's first port of call will be a meeting with that person, whoever he or she is, to look at the process first. It is not always about reinventing the wheel but considering whether existing schemes can be adapted and become more robust within the area of disabilities in terms of inclusiveness.

Senator Erin McGreehan

I thank the Minister of State for the response and encouraging words. Like so many issues, there is goodwill in many policies but the end user does not get the best value. Part M has been amended to ensure there is provision in certain buildings and relates to the Minister of State's Department but nothing has been made compulsory. Currently, it is not compulsory to provide "changing places and toilets" when public toilets are being upgraded. We are moving into a new Ireland and a new accessible and welcoming world. If the provision of changing places and toilets is not made mandatory, we are saying "No" to the people who need them and that they are only welcome in certain buildings and certain parts of our towns.

I want specific positive grants that encourages businesses, organisations and local authorities to create products for everyone in the community. A person who is either visually or physically impaired needs to be able to use facilities. Avondale Forest Park in County Wicklow is a wonderful product and has a wonderful relationship with the Carlingford Adventure Centre in County Louth. That is important but we cannot say we have only one product that is welcoming. Where else in County Wicklow can someone go on any day? Are there changing places and suitable toilets close by? We are not disability proofing. The only way we can disability proof buildings and communities is to make it mandatory and positively discriminate towards people with disabilities. That will benefit everyone not just people with disabilities.

Deputy Kieran O'Donnell

I thank the Senator for raising this important matter. I reiterate that Fáilte Ireland is recruiting an inclusive tourism manager to oversee the new Fáilte Ireland inclusivity programme. The key priorities of the role will include developing a medium- to long-term plan for Fáilte Ireland to support the development of an Irish tourism sector that is inclusive of all tourists in terms of destinations; developing the ongoing capability of Fáilte Ireland's teams to ensure an understanding of barriers to access for visitors, by disability sector; supporting the building of capability within tourism businesses to ensure the development of inclusive products and experiences; and, working with targeted destinations, drive an holistic approach to inclusivity and supporting the development of actionable plans to make destinations more accessible for all.

I can see how committed the Senator is to this area. Grant schemes are in place and Fáilte Ireland is recruiting an inclusive tourism manager to oversee the new Fáilte Ireland inclusivity programme. That is to be welcomed and it is the route to take.

I would encourage detailed active engagement with that person when appointed and through the Minister, Deputy Catherine Martin. We want everybody to be able to enjoy the fantastic amenities we have in Ireland regardless of their circumstances. People with disabilities are entitled to the same accessibility to enjoy all the amenities we have.

An Cathaoirleach Gníomhach (Senator Victor Boyhan)

I thank the Minister of State and Senator McGreehan. That was a very interesting and engaging Commencement matter.

The final Commencement matter in the name of Senator Dolan on Covid-19 pandemic special recognition payments cannot be taken today because the Department has not provided a speaking note on it. It will be carried over.

I welcome the students from the Holy Family School. They are very welcome to Seanad Éireann.

Cuireadh an Seanad ar fionraí ar 11.11 a.m. agus cuireadh tús leis arís ar 11.30 a.m.

Sitting suspended at 11.11 a.m. and resumed at 11.30 a.m.