Richard Bruton (Dublin Bay North, Fine Gael) | Oireachtas source

The amendment seeks to amend the statement that a school in its admission policy must not discriminate on a particular set of grounds, including the disability of a student. Taken literally, this means that a school cannot discriminate based on the disability, or lack of, of a child presenting. The default position, if the amendment is not made, is that if a school has a special class reserved for children with particular needs, it cannot protect the places for children with these needs. That would be a very strange provision. Essentially, a school protecting a special education place for a child with special educational needs would be acting in a discriminatory manner. I do not think any one of us would want to see that position being provided for in legislation. I am not saying it is a phenomenon. We are providing that the admissions statement must set out these principles. In terms of what it might mean, it is a possible unintended consequence. Following on from the concerns expressed by schools providing special classes, the decision was taken to correct the position by way of amendment. We need to ensure there is reasonable protection where special provision is made for the purposes intended. There is no ulterior motive involved. People have raised a concern that a child presenting who is on the spectrum provided for and has a lot of other needs might be denied a place on the basis that some of them are not included in the list. That is not the intention and I will ask my officials to ensure the matter is addressed on Report Stage. In the meantime I can provide a note for Deputies to provide the necessary assurance.