Brian Hayes (Dublin South West, Fine Gael)

I am grateful for the opportunity in the brief time available to me to address this matter with my colleagues. The Minister is aware that a very significant case occurred yesterday, namely, the Ó Cuanacháin case in the High Court. It is one of the great scandals of this Republic that the parents of autistic children still have to go through our courts as a means of getting justice for their children because the education system has failed them so disgracefully over a period of prolonged prosperity.

The Minister's Department has a particular knack, aptitude and history of wrestling those parents seeking justice for their children through the courts system. These parents are seeking to ensure that the very best standards of educational resources, be they through ABA or any other model, are there for their children. It is important for the Minister to make her comments initially to the House on foot of the case.

I am here for one reason only. I want the Minister and the Government through her Department to be absolutely clear that if there are third party costs in this case, her Department will pay them in full. In the submissions to the court, it is quite clear that the legal fees have been waived. The Minister was correct when she said at 1 p.m. that this has been said through the senior counsel and others in the case. However, there could be third party costs. I am referring to stenographers, expert witnesses and the like. I want to ensure that she will make it abundantly clear on the record tonight that her Department will meet the third party costs of this family, which has already gone through this ordeal over the past four and a half or five years with a case that lasted the guts of 70 days and which forced the father to leave work for a prolonged period.

The implications of this case are serious from a public policy perspective. I argued that this case has effectively been a class action and could have implications for 150 potential cases that may come before the courts. The implications of this case are real.

This family has been let down. The courts have already ruled in respect of the failure on the part of the HSE, namely, a lack of early intervention. That has been made abundantly clear in the courts and liability has been given for the family. The Minister has an obligation to tell the House tonight that she will underwrite any third party costs arising from this case. I ask her to do so.

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