Mary Hanafin (Dún Laoghaire, Fianna Fail)

It is the right of individuals to proceed with litigation if they so wish. In these circumstances, where the Department of Education and Science believes that the education provision available is appropriate it will defend a case. I consider that this is an entirely reasonable approach.

The number of cases taken against the State has shown a downward trend in recent times which can be partly attributable to the substantial improvements that have been made in services for children with special needs. The Government is committed to expanding the services for all children with special education needs and for all children with autism in particular. Where cases are taken, with every effort having been made to resolve cases and not having initiated the litigation, it is not reasonable to expect the State to take responsibility for the costs arising from the arrangements between any plaintiff and the plaintiff's legal team. Indeed, in the small number of cases that have gone to full hearing, in all of which the State's position was upheld, the State has not sought its costs.

My Department does not accept, based on research, advice and best practice, that ABA should be the only method used in some settings. We have been working hard to ensure that all children with autism have access to a range of approaches in special classes. A network of more than 275 such classes is now in place. A number of years ago, before this extensive network was in place, 12 centres were approved for funding under an ABA pilot programme. The Government is committed to long-term funding for these 12 pilot programmes, subject to agreement on certain standards such as appropriate qualifications for staff and the type of educational programme available to the children. Discussions have taken place with Irish Autism Action with a view to advancing this commitment as soon as possible.

Other centres seek funding under the pilot scheme. However, now that a national network of special classes is available, no new centres will be brought into the pilot programme. We are determined instead to ensure that each child has access to the autism-specific education programme that is now being made available to schools throughout the country.

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