Seymour Crawford (Cavan-Monaghan, Fine Gael)

Has she ever visited a unit in Castleblaney that courts insisted on building because there were no places for these sorts of children who were ending up in court? The cost per child is enormous. We need to consider some kind of interim structure such as that suggested by Deputy Enright and not rule it out of order. Going from one extreme to the other where students cannot stay in an ordinary school and must be placed in what is effectively a jail where they also cause difficulty and create major scenes is not in anybody's best interest.

Parents must also play a major role, as mentioned by previous speakers. Although many children come from single parent families or families divided by marriage break-up, much of the onus must be placed on the parents to try to ensure that children are disciplined in the home. If they are, they have a better chance in the school.

The lack of psychological services also creates a problem. I have discussed the matter regarding one small school where it is difficult to get children evaluated. If they are not evaluated at the right time, which should obviously be in primary school, they can often go through to secondary school still creating problems which could have been dealt with at a more appropriate level for a lower cost. The school I have in mind has an above average number of difficult students with educational or other disabilities. It has found it impossible to deal with the Department and get the services the students deserve. The minority of students must not be allowed to dictate how other students receive their education.

Today teachers are under enormous pressure. I have come across one teacher who was literally in a state of mental health breakdown because the teacher is just not allowed to deal with the situation. Under the laws the Oireachtas has introduced, teachers are not allowed to do this, that or the next thing whereas some students are extremely aware of their rights and are willing to use them to the last when they play them up against the teacher. On the other hand, conscientious school students who want to achieve the points they need are also worried about the situation because of the lack of education they receive and their need for points if they are to continue in education.

Deputy Deenihan mentioned anti-social behaviour. Although the anti-social behaviour situation is extremely serious, what worries me is that students who are subjected to such behaviour can sometimes be led to suicide. Where there is a lack of understanding about the bullying and pressure to which young people can be subjected, some young people simply lose the will to live. There is nothing as frightening as attending the funeral of such a teenager.

I am not sure how speedily the Education Act 1998 was passed, but it is clear from the interim task force report that section 29 of the Act is causing problems. The report states:

it should be stated definitively that respondents and submissions argued that schools are keen to work within a framework of inclusion. They recognise that all students who form the school cohort have a right to education and ideally they would like this education to be offered within the mainstream setting. However, the perception is that when a student's behaviour is such that it is resistant to all efforts to bring it within acceptable limits and is of a nature that it interferes with the learning opportunities of peers, school authorities are powerless to remove the student from the school.

That is a major indictment on us as legislators.

The interim report continues:

They are frequently at their most pastoral and supportive in dealing with these students and their parents/guardians, but still there remains a minority of students whose persistent challenging behaviour is beyond the scope of their interventions. The processing of a Section 29 appeal places heavy demands on a school in terms of time and with regard to expenditure in accessing legal advice.

That situation was recently brought to my attention by a school principal. The issue was not just the problem itself but the fact the principal had to spend so much time away from the school ensuring the legal personnel did a proper job on his behalf. He wanted to ensure the issue was carried through because he could not bear the idea of the school losing the section 29 appeal.

The section 29 mechanism brings pressure on everybody, as the interim report confirms:

Where an appeal is upheld the resultant lowering of morale and sense of helplessness experienced by a school staff are considerable. The Task Force acknowledges that the process surrounding a Section 29 appeal is conducted with the utmost care and meticulous attention to ensure that justice is done to all. However, whatever the hard data in statistical terms regarding Section 29 outcomes, schools consistently report frustration with the experience. The final report from this Task Force will make considered recommendations in line with the legislation.

We must give serious consideration to the task force's final recommendations on how to get us out of that bind. The interim report concludes:

The issue of student discipline has so many facets to it that, as suggested earlier, it will require a response not just from individual sectors of the school community, but, also from the total spectrum of players working in harmony towards a common goal.

We must all work together. Not everyone will agree with all the task force's proposals but they should at least be used as a basis for producing constructive alternatives.

See this speech in context