Frank Fahey (Galway West, Fianna Fail)

It is not about "trust me". We have responded adequately to the five points recently put before us by the DLCG. I am satisfied that we have tried to accommodate the requirements as far as they have been put to us reasonably in this House. As I stated yesterday, I am still open to suggestion.

In regard to the assessment of need, it would be carried out without regard to the cost of providing services identified and in accordance with the standards laid down by HIQA. If standards published by HIQA are not complied with there will be grounds for complaint. These standards relate to the content of the assessment among other things.

Amendments Nos. 100 and 103 seek to include further grounds of complaint on the basis of the inadequacy of the service statement. Section 14(1)(d) already allows an applicant to make a complaint about the contents of the service statement. I wish to clarify this matter again as I gather from the statements made by some Members of the House that there have been misunderstandings. This could arise from the view of the applicant that the contents of the service statement are inadequate, that it does not meet their preferences, that it is factually incorrect or for other reasons. They can appeal the contents of the service statement. If the contents are inadequate they can appeal that. I am satisfied the existing wording is sufficient to cover these varied circumstances so that a separate ground in regard to inadequacy is not required.

Regarding the points made by Deputy Lynch, section 5 deals with the allocation of services to be provided under the Bill. Educational services for which there is a constitutional protection for children up to the age of 18 will be provided for under the Education for Persons with Special Educational Needs Act 2004 and not under this legislation. On the requirements for Part 2, section 3(4) provides that every order or regulation will be laid before the Houses and, significantly, that they may be annulled by either House within 21 sitting days thereafter. Therefore, the House can reject the regulations when they are laid before it by the HSE. The regulations will be critical to the successful implementation of this legislation.

The Government has provided ample opportunity to ensure the House will have a significant say in the implementation of the Bill, in addition to its passage. When the Taoiseach asked me to take this job, I stated it is one thing to pass the Bill and another to implement it successfully and quickly. It is the intention of the Government to do the latter.

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