Written Answers Nos. 192-210
192. Deputy Brendan Ryan asked the Minister for Education and Skills if a use has been identified for the site bought at a location (details supplied) in 2018; and if he will make a statement on the matter. [17521/19]
Amharc ar fhreagraI can confirm my Department purchased the site to which the Deputy refers to provide an option in terms of school provision in this area. There are multiple school accommodation requirements in the south Dublin area and there are significant challenges in acquiring school sites. The property was acquired by my Department in that context.
A number of potential uses have been identified however its ultimate use will be determined in the context of other anticipated projects and property acquisitions in the wider area and the specifics of its development will be subject to the views of the Planning Authorities.
193. Deputy Stephen Donnelly asked the Minister for Education and Skills if the opportunity of the recent sanctioning of a new primary school for Newtownmountkennedy, County Wicklow, will be used to investigate the options for ensuring a one-site school for the existing primary school (details supplied). [17547/19]
Amharc ar fhreagraI wish to advise the Deputy that notification of decision to grant planning permission in respect of temporary accommodation for the new primary school in Newtownmountkennedy, which is due to open in September 2018, issued from Wicklow County Council on 3rd April 2019.
With regard to the existing primary school in Newtownmountkennedy, the school's building project is currently at Stage 2(b) of the architectural planning process. Planning permission has been secured and the process for securing fire and disability access certification is in train.
My Department will continue to liaise with the school authority relating to the school's longer term accommodation needs.
194. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Oideachais agus Scileanna an bhfuil sé i gceist aige a shocrú, mar chuid den Pholasaí don Oideachas Gaeltachta, 2017–2022, go n-earcófar síceolaithe le hardchumas Gaeilge le seirbhísí a chur ar fáil do na bunscoileanna agus do na meánscoileanna Gaeltachta; cén fáth nach bhfuil an tseirbhís seo ar fáil cheana féin; agus an ndéanfaidh sé ráiteas ina thaobh. [17567/19]
Amharc ar fhreagraMar is eol don Teachta, soláthraíonn an tSeirbhís Náisiúnta Síceolaíochta Oideachais (SNSO) seirbhís síceolaíochta oideachais do bhunscoileanna agus d'iar-bhunscoileanna ar fud na tíre. Feidhmíonn SNSO laistigh de ocht Réigiún le 23 oifig go náisiúnta a sholáthraíonn Seirbhís siceolaíochta do scoileanna ina ndobharcheantair. Leithdháiltear síceolaithe SNSO, ar bhonn bliantúil, chun seirbhís a sholáthar do scoileanna áirithe laistigh de dhobharcheantar. Is seirbhís scoilbhunaithe í SNSO agus é mar aidhm aici tacú le múinteoirí agus le tuismitheoirí chun freastal ar riachtanais foghlaimeoirí i scoileanna. Mar is gnáth san earnáil phoiblí, is é soláthar foirne le haghaidh aon seirbhís, go háirithe sainseirbhís mar shíceolaíocht oideachasúil, faoi ??réir infhaighteacht agus coinneáil foirne maidir le héirí as, scor, saoire mháithreachais nó saoire bhreoiteachta.
I gcás go bhfuil gá le seachadadh seirbhíse trí mheán na Gaeilge do dhaltaí, do thuismitheoirí nó d'fhoireann na scoile, mar shampla i scoileanna sa Ghaeltacht nó i nGaelscoileanna/ Gaelcholáistí, cuirtear san áireamh inniúlacht teangan an tsíceolaí SNSO nuair a bhíonn scoileanna á leithdháileadh. Mar a thuilleadh eolais don Teachta, tá a fhíos ag bainistíocht SNSO go bhfuil 27 síceolaí atá inniúil chun a leithéid de sheirbhís a sholáthar go náisiúnta. Go deimhin, tugann suirbhé le déanaí le tuiscint go bhfuil buncháil mhaith Gaeilge ag céatadán níos airde ná sin (os cionn 60% den 180 atá ceapaithe).
Ina theannta sin, cuireann SNSO riachtanais Ghaeilge scoileanna san áireamh agus seirbhís réigiúnach Tacaíochta agus Forbartha (forbairt ghairmiúil múinteoirí) á n-eagrú acu do scoileanna, ag díriú ar sheachadadh na gclár sin ar na baill foirne sin a bhfuil an inniúlacht is airde acu sa Ghaeilge.
Tús áite do bhainistíocht SNSO is ea oiliúint leanúnach na foirne maidir le hinniúlacht sa Ghaeilge. Ó 2014 i leith, tá clár Gaeilge cúig lá eagraithe ag SNSO dá Síceolaithe le cúnamh ón gComhairle um Oideachas Gaeltachta agus Gaelscolaíochta (COGG). Freastalaíonn 15-20 ball foirne SNSO ar an gclár ‘Dianchúrsa Gaeilge’ go bliantúil. Soláthraíonn an cúrsa seo dian-ghramadach agus comhpháirt chomhrá ar maidin agus comhpháirt speisialaithe theicniúil teangan gach tráthnóna a oireann do riachtanais seirbhíse síceolaíochta oideachais. Le soláthar bliain-ar-bhliain an chláir oiliúna seo is féidir dul chun cinn gairmiúil na mball foirne rannpháirteach ó inniúlacht bhunúsach go hardleibhéal.
Ba mhaith liom a chur in iúl don Teachta go ndéanann an tSeirbhís um Cheapacháin Phoiblí (SCP) earcaíocht shíceolaithe oideachais do SNSO. Tá SCP ag eagrú comórtas náisiúnta do SNSO faoi láthair agus tá sé leagtha síos agam go bhfuil spéis faoí leith ag mo Roinn do na hiarrthóirí a bhfuil ardchumas acu sa Ghaeilge. Déanfar an inniúlacht bhreise seo a thástáil mar chuid de chéim agallaimh iomaíoch an chomórtais.
Tá súil agam go soiléiríonn sé seo an tsaincheist don Teachta.
195. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Oideachais agus Scileanna cén uair a eiseoidh an tAire Stáit ina Roinn freagra ar litir (sonraí tugtha) a chuir sé ar aghaidh chuige; cén fáth nár freagraíodh go dáta é; agus an ndéanfaidh sé ráiteas ina thaobh. [17571/19]
Amharc ar fhreagraObríocht shuntasach is ea Iompar Scoile atá á bhainistiú ag Bus Éireann thar ceann na Roinne.
I láthair na huaire iompraítear breis is 117,500 leanbh lena n-áirítear breis is 13,000 leanbh ag a bhfuil riachtanais speisialta oideachais, i mbreis is 5,000 feithicil go laethúil chuig bunscoileanna agus iarbhunscoileanna ar fud na tíre agus clúdaítear breis is 100 milliún ciliméadar in aghaidh na bliana.
Is é cuspóir na Scéime um Iompras Scoile, i gcomhthéacs na hacmhainní atá ar fáil, ná tacú le taisteal leanaí, chuig agus ón scoil, a bhfuil cónaí orthu go hiargúlta ón áit ina bhfuil an scoil is gaire.
De ghnáth, bíonn leanaí incháilithe d’iompras scoile má shásaíonn siad na critéir a bhaineann le fad ón scoil agus má bhíonn siad ag taisteal chuig an scoil is gaire.
Tá Bus Éireann freagrach do phleanáil agus d’amchlárú na mbealaí don taisteal chun na scoile. Déanann Bus Éireann iarracht, laistigh de na hacmhainní atá ar fáil, a dheimhniú go mbíonn seirbhís iompras scoile ar leibhéal réasúnta ar fáil do gach leanbh incháilithe i gcomhthéacs na Scéime go náisiúnta.
Cuirtear suíocháin ar fáil chuig agus ón scoil do leanaí a bhíonn ag taisteal faoin scéim um iompras scoile ar sheirbhísí tiomnaithe don taisteal scoile nó ar sheirbhísí poiblí ginearálta atá ar an sceideal. Cuireann a leithéid seo de shocrú ar chumas leanaí freastal ar ranganna le linn na ngnáthuaireanta scoile.
Ní hionann ticéad don taisteal scoile agus gnáth-thicéad comaitéara a bhíonn bailí ar gach seirbhís phoiblí rialta ag gach am agus ní ofráiltear dá réir a leithéid. I ngeall ar na huimhreacha atá á iompar go náisiúnta, ní fhéadfaí an tsolúbthacht a sholáthar do gach leanbh incháilithe chun taisteal ar na gnáthsheirbhísí poiblí rialta, seachas mar atá leagtha amach sna téarmaí atá luaite go sonrach ar a dticéad.
196. Deputy Sean Fleming asked the Minister for Education and Skills the date the revised pre-qualification process in respect of a school project (details supplied) commenced; when it will commence and advertisements will be published in respect of same; and if he will make a statement on the matter. [17599/19]
Amharc ar fhreagraThe major building project for this school is at an advanced stage of architectural planning, Stage 2b – Detailed Design, which includes the applications for Planning Permission, Fire Cert and Disability Access Cert and the preparation of tender documents. All statutory approvals have been obtained.
The review of pre-qualification documentation is currently nearing completion and it is expected that a new invitation to pre-qualify will issue shortly on the e-tenders platform.
When the pre-qualification process for the main contract and reserved specialists contracts is complete, the project will then be progressed to tender stage.
197. Deputy Sean Fleming asked the Minister for Education and Skills if consideration will be given to a national policy to facilitate parents who must travel to work and want to have their children in school before they leave for work which would necessitate schools being open from 8 a.m. or 8.30 a.m.; his views on the benefits of this proposal; and if he will make a statement on the matter. [17602/19]
Amharc ar fhreagraUnder the provisions of the Education Act, 1998 the Board of Management is the body charged with the direct governance of a school.
The Rules for National Schools require that a school must be open to receive pupils not later than 9.30 a.m. Subject to this requirement, the decision with regard to the actual opening time of a primary school is a matter for the Board of Management of the school concerned.
Opening times are a matter for each individual school.
198. Deputy Sean Fleming asked the Minister for Education and Skills the date the project manager framework was established in respect of schools to be delivered under the ADAPT programme in respect of schools (details supplied); when the tender process will commence to appoint a project manager for the programme; and if he will make a statement on the matter. [17610/19]
Amharc ar fhreagraA building project for the school referred to by the Deputy is included in my Department’s Construction Programme which is being delivered under the National Development Plan.
A project brief has been finalised and the project will be delivered via the ADAPT programme which is an innovative delivery programme first introduced by my Department in 2016. It uses a professional external Project Manager to coordinate and manage the respective design teams on each project.
In this regard, a tender exercise to establish a Project Manager framework was concluded on 10th April 2019. A tender competition to the newly established framework to appoint the Project Manager for the ADAPT programme will commence shortly.
My Department recently wrote to the school to provide an update on the status of the project.
199. Deputy John Curran asked the Minister for Education and Skills the location in which it is proposed to establish a new school in 2021 (details supplied); if a site has been acquired for this school; the catchment area this school will serve; and if he will make a statement on the matter. [17621/19]
Amharc ar fhreagraAs the Deputy is aware, in April 2018, 42 new schools were announced, including the new primary school to which he refers. This school is intended to serve the Clondalkin_D22 School Planning Area.
My Department plans to provide permanent accommodation for this school on the Deansrath Community College site, which is in my ownership, subject to the views of the Planning Authority.
200. Deputy John Curran asked the Minister for Education and Skills if the land which is currently used as sports pitches by a school (details supplied) in Dublin 22 is in the ownership of his Department; if so, his future plans for the lands; if none, if the school and local soccer club can continue to use the lands and pitches; and if he will make a statement on the matter. [17622/19]
Amharc ar fhreagraI can confirm to the Deputy that the land to which he refers is in my ownership. My Department plans to provide permanent accommodation for the new primary school announced to serve the Clondalkin_D22 School Planning Area on this site, subject to the views of the Planning Authority.
A masterplanning exercise will be required in respect of the site in order to determine the optimum layout and maximise the sporting facilities which can be retained. Department officials will continue to liaise with officials in Dublin Dún Laoghaire ETB, as patron of the school to which the Deputy refers, in this regard.
201. Deputy Fiona O'Loughlin asked the Minister for Education and Skills if funding is available for technology for children with disabilities who are home schooled; and if he will make a statement on the matter. [17709/19]
Amharc ar fhreagraMy Department’s policy is to provide for a range of services and supports to recognised schools to ensure that children with special educational needs can have access to an education appropriate to their needs.
These supports include additional teaching and care support, enhanced capitation, specialist school transport arrangements, assistive technology and/or specialist equipment, adaptations for school buildings where necessary and additional training for teachers of children with special educational needs.
In relation to providing special educational needs supports to schools the relevant legislation which underpins this Department’s policy is Section 10 of the Education Act, 1998, which explains that a recognised school means a school which is recognised by the Minister under the Act.
Furthermore, under the EPSEN Act 2004, ‘school’ means a recognised school and “student”, in relation to a school, means a person enrolled at the school within the meaning of the Education Act.
Students that are not enrolled in recognised schools are not comprehended under the provision of services by the National Council for Special Education as specified under section 7 (3) of the EPSEN Act.
The National Council for Special Education (NCSE) through its network of local Special Educational Needs Organisers (SENOs) is responsible for processing applications from schools for special educational needs supports. SENOs also make recommendations to my Department where assistive technology is required. The NCSE operates within my Department's criteria in making recommendations for support, which is set out in my Department's Circular 0010/2013.
In order to qualify for equipment under the assistive technology scheme, a child must have been diagnosed with a physical or communicative disability and must also have a recommendation in a professional assessment that the equipment is essential in order to allow the child to access the curriculum. It must also be clear that the existing IT equipment in the school is insufficient to meet the child's needs.
My Department is unable to provide funding for assistive technology for pupils that are not attending a recognised school.
The Department's preferred approach is that, where possible, children are educated in school settings where they may have access to individualised education programmes, fully-qualified professional teachers, special needs assistants, the appropriate school curriculum with the option, where possible and appropriate, of full or partial integration and interaction with other pupils.
Under the Education (Welfare) Act, 2000 parents are responsible for making sure their child receives an education. Under this legislation, every child between the ages of 6 and 16 must attend school or otherwise receive an education. Most children attend recognised schools although some are educated at home or in non-recognised schools. If a parent decides to educate their child outside of a recognised school, for example in the home, they must register the child with the Child and Family Agency; further information is available on www.tusla.ie in this regard. This requirement exists in order to support parents in their right to home educate and to safeguard a child’s right to a minimum education, as provided for in the constitution.
202. Deputy Paul Kehoe asked the Minister for Education and Skills if an application by a school (details supplied) has been granted; if so, when formal notification will be provided; and if he will make a statement on the matter. [17718/19]
Amharc ar fhreagraI am pleased to inform the Deputy that the school to which he refers has been granted funding under my Department’s Additional Accommodation Scheme for the delivery of a 2 classroom SEN Base. A letter to that effect was issued to the school last week.
203. Deputy Joan Collins asked the Minister for Education and Skills the number of children in the Dublin 8 and 10 areas diagnosed with a need for an ASD unit placement for primary school through assessments of needs. [17743/19]
Amharc ar fhreagra204. Deputy Joan Collins asked the Minister for Education and Skills the number of children in the Dublin 6, 6W and 12 areas diagnosed with a need for an ASD unit placement for primary school through assessments of needs. [17745/19]
Amharc ar fhreagra206. Deputy Joan Collins asked the Minister for Education and Skills further to Parliamentary Question No. 156 of 12 March 2019, if he will provide a list of the schools (details supplied). [17750/19]
Amharc ar fhreagraI propose to take Questions Nos. 203, 204 and 206 together.
My Department does not hold information in relation to the number of children with a recommendation for ASD specific placements.
The National Council for Special education (NCSE), an independent agency of my Department, is responsible for planning, coordinating and advising on education provision for children with special educational needs in consultation with the relevant education partners and the Health Service Executive (HSE).
The Council ensures that schools in an area can, between them, cater for all children who have been identified as needing special class placements.
The NCSE is aware of emerging need from year to year, and where special class provision, is required, it is planned and established to meet that need. As the Deputy's question relates to a particular area I have arranged for the question to be forwarded to the NCSE for their attention and direct reply.
Since 2011, the number of ASD special classes has increased by over 260% from 330 in 2011 to 1,196 across the country now. Details of all special classes for children with special educational needs are available by county on the NCSE website at www.ncse.ie. As previously advised there are 15 ASD classes in the areas referred to by the Deputy: 2 Early Intervention classes, 8 Primary ASD classes and 5 Post-primary ASD classes.
I have set out in the table the list of these classes for the Deputy's ease of reference.
Table 1: ASD Special Classes D6W D12
|
Area |
Roll No. |
School Name |
Address |
Type of Class |
|
Dublin 6W |
16651H |
St Clares Convent N S |
Harolds Cross Road |
Early Intervention |
|
Dublin 6W |
16651H |
St Clares Convent N S |
Harolds Cross Road |
Primary |
|
Dublin 12 |
17355I |
Our Lady of Good Counsel GNS |
Mourne Road |
Primary |
|
Dublin 12 |
17355I |
Our Lady of Good Counsel GNS |
Mourne Road |
Primary |
|
Dublin 12 |
17356K |
Our Lady of Good Counsel JNS |
Mourne Road |
Primary |
|
Dublin 12 |
19669S |
Our Lady Of Good Counsel BNS |
Mourne Road |
Primary |
|
Dublin 12 |
20450T |
Assumption Junior School |
Walkinstown |
Primary |
|
Dublin 12 |
20450T |
Assumption Junior School |
Walkinstown |
Primary |
|
Dublin 12 |
20464H |
Holy Spirit SNS |
Greenhills |
Primary |
|
Dublin 12 |
20464H |
Holy Spirit SNS |
Greenhills |
Primary |
|
Dublin 12 |
60841M |
Rosary College |
Armagh Road |
Post Primary |
|
Dublin 12 |
60841M |
Rosary College |
Armagh Road |
Post Primary |
|
Dublin 12 |
60991I |
Our Lady of Mercy SS |
Mourne Road |
Post Primary |
|
Dublin 12 |
70130I |
Greenhills College |
Limekiln Avenue |
Post Primary |
|
Dublin 12 |
70130I |
Greenhills College |
Limekiln Avenue |
Post Primary |
205. Deputy Michael Healy-Rae asked the Minister for Education and Skills if he will address a matter (details supplied) regarding SOLAS courses; and if he will make a statement on the matter. [17748/19]
Amharc ar fhreagraApprenticeship is a demand driven educational and training programme which aims to develop the skills of an apprentice in order to meet the needs of industry and the labour market. Consequently, the number of apprentices being registered is determined by employers in the sector.
As part of the ongoing review of apprenticeship in Ireland SOLAS has conducted standards development and programme reviews for 23 of the existing craft trade apprenticeship programmes. As part of this review and in response to the lack of sufficient numbers registering for both the tiling and the plastering apprenticeships it was decided to amalgamate both programmes and registrations for the floor and wall tiling programme were suspended in April 2014.
I am informed by SOLAS that the new amalgamated programme is currently in the process of validation with Quality and Qualifications Ireland and will be rolled out thereafter.
207. Deputy John Curran asked the Minister for Education and Skills the number of persons with a diagnosis of autism who would benefit from attending an ASD unit at primary and secondary level by county; the number of ASD units at primary and secondary level in each county; the number of places available at primary and secondary level in each county; and if he will make a statement on the matter. [17841/19]
Amharc ar fhreagraMy Department does not hold information in relation to the number of children with a recommendation for ASD specific placements.
The National Council for Special Education (NCSE), an independent agency of my Department, is responsible for planning, co-ordinating and advising on education provision for children with special educational needs in consultation with the relevant education partners and the Health Service Executive (HSE).
The Council ensures that schools in an area can, between them, cater for all children who have been identified as needing special class placements.
The NCSE is aware of emerging need from year to year, and where special class provision, is required, it is planned and established to meet that need. As the Deputy's question relates to an identified need I have arranged for the question to be forwarded to the NCSE for their attention and direct reply.
Since 2011, the number of ASD special classes has increased by over 260% from 330 in 2011 to 1,196 across the country now. Details of all special classes for children with special educational needs are available by county on the NCSE website at www.ncse.ie.
Special classes for students with ASD provide 6 placements and are staffed with a lower pupil–teacher ratio of 6:1 at primary level and 6:1.5 at post primary level, and also have a minimum of two SNAs for every class of 6 children.
208. Deputy John Curran asked the Minister for Education and Skills his plans with regard to providing ABA schools for children with autism; the number of such schools funded by his Department; his plans to increase the supply of ABA schools; the reviews regarding the performance and outcomes of ABA schools which have been undertaken in recent years; and if he will make a statement on the matter. [17842/19]
Amharc ar fhreagraThe policy of this Department is that all children with Special Educational Needs, including those with Autism, can have access to an education appropriate to their needs, preferably in school settings through the primary and post primary school network.
Such placements facilitate access to individualised education programmes which may draw from a range of appropriate educational interventions, delivered by fully qualified professional teachers, with the support of Special Needs Assistants and the appropriate school curriculum.
All recognised schools must operate in line with Department policy and must fulfil a number of conditions regarding curriculum, inspection and other matters.
As each child with autism is unique, they should have access to a range of different approaches to meet their individual needs. This facilitates access to individualised education programmes which can be supported by Special Needs Assistants and fully qualified professional teachers who may draw from a range of autism-specific interventions, including Applied Behaviour Analysis (ABA), Treatment and Education of Autistic Communication Handicapped Children (TEACCH) and Picture Exchange Communications System (PECS) as well as the appropriate school curriculum with the option, where possible, of full or partial integration and interaction with other pupils.
The use of ABA as part of the range of interventions may be particularly useful for addressing behavioural issues. My Department supports the use of ABA and training is provided for teachers in its use.
However, my Department does not accept, based on research, advice and best practice, that ABA should be the only approach used. While ABA may help to improve behaviour, other approaches, such as a number of those, to which I have referred, are just as important in developing children's communication and speech skills.
All recognised schools must operate in line with this policy. This policy has been informed by published research, including the Report of the Task Force on Autism (2001), the Evaluation of Educational Provision for Children with Autistic Spectrum Disorders (ASD) (2006) and the NCSE’s policy advice on Supporting Students with Autism Spectrum Disorder (2016).
209. Deputy Michael McGrath asked the Minister for Justice and Equality the position regarding the implementation here of the measures contained within the United Nations Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [17538/19]
Amharc ar fhreagraThe Government’s approach to meeting the terms of the United Nations Convention on the Rights of Persons with Disabilities (“the Convention”) is one of sustained and ongoing improvement. Work is continuing on the reforms needed for an optimum level of compliance with the convention's requirements.
The National Disability Inclusion Strategy (NDIS) 2017 – 2021 contains a wide range of practical commitments to improve the position of people with disabilities. It provides a mechanism for joined-up working to deliver on Ireland’s commitments to implementing the UNCRPD; and the NDIS Steering Group, which oversees and monitors the implementation of the Strategy, will have an important role in guiding progress in this area. The Group is committed to carrying out a mid-term review of the Strategy by the end of 2019 and in the context of this review it is expected that it will examine how the Strategy is aligned with the articles of the Convention and how the Strategy could be revised and built upon in order to continue progressive realisation of the aims of the Convention. The National Disability Authority (NDA) will also play a critical part in the implementation of the Convention, and will be carrying out a review of progress with respect to the Strategy’s key indicators in this regard.
The Department of Health and the HSE have responsibility for a significant number of actions under the Strategy. The HSE National Service Plan 2019, which was published earlier this year, is focused on providing supports to people with disabilities and enabling them to maximise their full potential as independently as possible. Measures in the Service Plan will also reduce the waiting times for Assessments of Need for children through the provision of 100 additional therapist posts. Including the additional funding I secured for use in the Service Plan, this brings the total investment in the provision of disability services to almost €1.9bn in 2019.
Article 19 of the Convention deals with living independently and being included in the community. It provides that persons with disabilities should have access to a range of in-home, residential and other community support services. In the 2019 Service Plan, the HSE will provide 1.53m personal assistant hours to 2,535 people, and 3.08m home support hours for 8,094 people.
To meet obligations under Article 12, and Article 7, addressing rights for children with disabilities, additional funding of €12m has been allocated to meet the cost of providing day supports and services for approximately 1,500 young adults who will leave school in 2019. Under the plan, the HSE will move up to 160 people from large institutional settings to homes in the community. Ninety new high-acuity emergency residential places will also be funded in 2019 to address urgent unplanned cases as they arise.
Of particular relevance to Article 12 of the Convention is the Assisted Decision-Making (Capacity) Act 2015, which provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act was signed into law on 30 December 2015 but has not yet been fully commenced.
New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the Department of Health), must be put in place before the substantive provisions of the 2015 Act can be commenced. The Decision Support Service is working towards being operational and ready for the commencement of the main provisions of the Act in 2020. This lead in timeframe ensures that the necessary staff resources, processes, IT system, expert panels, codes of practice and regulations will be in place so that the Decision Support Service will have the capacity to be up and running effectively. The 2019 Revised Estimates Volume provides for an allocation of €3.5 million in the Justice and Equality Vote for the establishment of the Decision Support Service.
In addition to the practical measures outlined above, there are a number of legislative developments to support the implementation of the Convention.
In the first instance, my colleague the Minister for Health is progressing heads of a Bill to provide legislative clarity on the issue of deprivation of liberty. A report of a recent public consultation on these draft legislative provisions is nearing completion, and every effort is being made to progress this legislation as quickly as possible.
The Disability (Miscellaneous Provisions) Bill 2016, which contains key legislative amendments needed for compliance with the Convention, was published on December 2016. Second Stage (Dáil) took place on 31 January and 1 February 2017, and Committee Stage on 30 January 2019.
The Bill includes provisions to establish the monitoring framework required by Article 33 of the Convention to promote, protect and monitor implementation of the Convention. It requires the involvement and participation of civil society, in particular, persons with disabilities, in the monitoring process.
The monitoring framework will include both the Irish Human Rights and Equality Commission (IHREC) and the National Disability Authority (NDA) and will be governed by a formal Memorandum of Understanding. The IHREC Act 2014 was designed to ensure that IHREC, as Ireland’s National Human Rights Institution, fully meets the standard of independence in accordance with the Paris Principles.
The IHREC established a Disability Advisory Committee in January 2019, composed of a diverse group of persons with lived experience of disability. This will ensure the direct participation of persons with disabilities and the organisations representing them in monitoring how the Convention is implemented in Ireland.
Addressing the needs and rights of people living with a disability and their families is a priority for this Government and my primary focus as Minister of State for Disability Issues. The UN Convention on the Rights of Persons with Disabilities supports that priority in providing a comprehensive and robust framework for the realisation of rights.
210. Deputy Charlie McConalogue asked the Minister for Justice and Equality further to Parliamentary Question No. 468 of 15 January 2019, if the mobility project has commenced; the way in which the justice system deals with persons who do not present their driver licence when requested (details supplied); and if he will make a statement on the matter. [17272/19]
Amharc ar fhreagraThe Deputy will appreciate that delivery of the Garda Mobile Strategy which aims to harness the power of mobile technology falls under the remit of the Garda Commissioner. I understand that implementation of that Strategy is on a phased basis. As part of An Garda Síochána's engagement with the Policing Authority, monthly reports are published online which include updates in relation to modernisation and renewal, including ICT projects. The February 2019 report of An Garda Síochána to the Policing Authority provides the following update:
"After the successful completion of the Mobility Pilot in Limerick, a full review of the system configuration is currently in progress. The development of new functionality for checking NCT status of vehicles is now in the test phase."
The March 2019 report indicates that an upgrade was successfully completed to assist in front-line mobility. These reports are available to download via: www.garda.ie and www.policingauthority.ie.
Penalties for driving while disqualified and for non-return of a driving licence are contained in Road Traffic legislation, which falls under the remit of my colleague, the Minister for Transport, Tourism and Sport, Minister Shane Ross, T.D. As regards the relinquishing of a driving licence on foot of a disqualification, Part 9 of the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), as amended, contains regulations relating to drivers who are subject to a consequential, ancillary or special disqualification.
It is acknowledged that there is a cohort of drivers that do not comply with the aforementioned legal requirements and do not surrender their licences on foot of a disqualification. That being the case, the rate of licence non-return does not necessarily equate with the rate of driving while disqualified. For example, a person who has not surrendered their physical licence might no longer drive, whereas another person who has complied with the aforementioned regulations by returning their licence, might, in fact, continue to drive without a licence.
Enforcement is crucial and the roll-out of the Garda mobility strategy will facilitate more effective road traffic enforcement via front-line access to real time information, including in relation to disqualified drivers.
The Deputy will be aware that the Programme for a Partnership Government recognises that Gardaí must have the modern technology and resources necessary to detect and investigate crimes, and to prevent loss and harm to citizens and their property on a 24/7 basis.
The Deputy will also be aware that the key importance of ICT and digital innovation was also emphasised in the report of the Commission on the Future of Policing in Ireland and a number of related actions are included in the Implementation Plan for that report - 'A Policing Service for the Future'.
