Clare Daly (Dublin North, Socialist Party) | Oireachtas source

It is incredible that we are discussing this issue because, on the one hand, it affects such a small number of children, but on the other, if it was addressed, it would be life-transforming for them. We should all take cognisance of the fact that an 18- or 24-month delay in the life of a child cannot be compensated for later in life. Every party and Member knows this anomaly exists and would like it to be addressed, but that is not the issue; the issue is whether the legislation and the Government's response to it will address the concerns of parents.

I refer to a letter from a constituent:

I'm a 38 year old mother of a two year old boy that has Down's syndrome. I never thought in a million years I'd find myself writing to a member of parliament. Then again, I never thought I'd end up being the privileged mother of a boy with special needs. Silly me thinking "Ah sure I'm sure we'll get plenty of help". Little did I know. I was naive enough to think that "Sure isn't every child's basic right to get a proper education to reach their full potential". I intend to send my son to a mainstream school where his siblings attend and also other children within our community but I really fear that he will be lost in the system.

That is the reality for children who do not automatically qualify for additional resource teaching hours. That is the nub of the issue. She goes on to say:

This discrimination and inequality needs to be addressed with urgency. I remember someone once said to us "Oh you're going to have to fight for everything". Do we honestly have to fight for something so basic? Gosh we really do have our work cut out for us, don't we?

The challenge is to ensure that, at least in respect of this issue, the parents of children with Down's syndrome will not have their work cut out for them.

Drafting this legislation was a great move on the part of Deputy Finian McGrath and it was a welcome twist of fate when it was chosen, by means of the lottery, to be taken today. This is the only mechanism we have at out disposal, as Opposition Deputies, in trying to bring forward necessary reforms. That is what Deputy Finian McGrath is attempting to do and I am delighted his legislation was chosen for debate. Having said that, it is absolutely ridiculous that legislation needed to be introduced in order to have this matter addressed. Legislation is not needed. All that is required in order to place Down's syndrome in the low-incidence category is the signature of the Minister for Education and Skills, Deputy Ruairí Quinn. The Minister of State spent most of his contribution referring to the overall changes in the area of special needs education which the Department was considering. That is fine. He should go off, do his work and then return when it is ready. In the meantime, children with Down's syndrome should not be left behind. If there is a need to introduce overall changes, they should be introduced for everybody. That is the nub of this matter.

I honestly was going to spend my contribution welcoming the fact that the Government had decided to support the Bill and stating the next step would involve keeping the pressure on. Reading between the lines of the Minister of State's speech, I am not at all convinced about the Government's approach. I see what is being done as a stunt to get its own backbenchers off its back. The approach seems to be to pretend that it accepts the Bill and then refer it to the relevant committee. I am not saying this to have a go at anybody, nor do I say it lightly; I am saying it because that is the reality. People such as the woman who wrote to me are going to be obliged to wait. The Minister stated yesterday that there would be no move until 2015. There are children with Down's syndrome who are due to start school in September and in order to qualify, they must apply by March. Unless some miracle of a type never previously seen in this House occurs, the legislation will not be passed by then.

Will the Minister of State direct his Department to deal with this matter and place Down's syndrome in the low-incidence category in the interim? It was indicated that the Minister for Education and Skills had been named as a respondent in a High Court case to be heard next Wednesday. The case is on precisely this issue and being taken by two parents. If the Department is really going to address this issue and if it really is intent on shifting its policy in the context of Down's syndrome, will it instruct its legal counsel to withdraw from the proceedings and seek to resolve the issues with the parents involved, or does it intend to tie the State up in an expensive legal challenge involving moneys which could be spent on the children to whom I referred and who are due to start school in September? I am delighted that the Government is not opposing the Bill. If that is to mean anything, however, the test will be what happens next and what will happen on Wednesday in the High Court.

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