Jan O'Sullivan (Limerick East, Labour)

I move amendment No. 8:

In page 4, line 43, after "peers," to insert the following:

"subject to the requirement that the Minister shall remain responsible for securing as far as practicable the educational rights of the individual student in the event of a decision under subsection (1)(a) or (b) being upheld,".

This amendment is very important to the Bill because what we and the Minister are trying to achieve is a balance between the rights of all of the students in the classroom or school, including the rights of the child who is subject to either suspension or expulsion. In the amendment I am seeking to ensure the rights of that child are fully upheld in any decisions made and, particularly, that the Minister's responsibility with regard to the education of children excluded from school is fully incorporated in the legislation.

Children have a constitutional right to education. I understand there may be situations where it is appropriate to either suspend or expel them but somebody must be responsible for their continuing with their education in an appropriate setting. The Minister has told us and it is a fact that the National Educational Welfare Board has a role in this regard. She indicated to us on Committee Stage that the school was obliged to inform — she might clarify this point — the board if it was excluding a child from the school. Not enough consideration has been given, in the context of the recommendations of the task force on student behaviour, to the rights and needs of these children who may well have serious learning difficulties or social issues that need to be addressed and who are entitled to an education. The Minister has indicated that they would go to another school in most cases and that they are entitled to home tuition grants if they have nowhere else to go. The task force has strongly recommended that there should be alternative provision for children who are not appropriately placed in schools and may well thrive in an alternative setting.

I know of young people who have not in any way fitted in at school. When they moved to, say, a Youthreach or Youth Encounter project, they were very successful when provided with a different approach and method and, as would be usual in such settings, a lower ratio of young people to adults. I want to ensure the rights of these children are protected. In the context of implementation of the task force's recommendations, this is one of the first being implemented. The recommendations need to be implemented in a balanced way in order that these young people will be catered for. That is the reason I propose amendment No. 8.

Amendment No. 10 is also included in this grouping. It seeks to substitute the term "welfare and other legal entitlements" for the word "welfare". I had in mind the rights of all children to an education, the rights of the other children in the class and the rights of the teacher.

My main concern is with amendment No. 8 which concerns the rights of the child being excluded from school. The Minister said it sometimes works when a child is taken out of the school where he or she has been in trouble and makes a fresh start in another. However, in my experience, it does not always work in that co-operative way. What actually happens is that certain schools are quite happy to exclude and expel children and that they expect certain other schools to take up the more difficult challenges presented by such pupils.

In return, however, they do not take in a child expelled from the other school and will find many reasons that school should cater for all the children with difficulties and particular learning needs. All schools must have the right to expel children who cause problems but, in reality, a certain school in a town or city is expected to take in children with difficulties, which is not fair. Every school needs to have a reasonable balance, both socially and in terms of children with learning difficulties. I look forward to the Minister's response as to how we will provide for the educational needs of these young people.

See this speech in context