Róisín Shortall (Dublin North West, Social Democrats) | Oireachtas source

I generally support this amendment. Its objective is very desirable. I would express some concern regarding the fact that the process is very convoluted and could be drawn out over a very long period. It again highlights the issue that we have schools that are fully funded by the State, with staff paid by the State and yet the State is not in a position to instruct the schools to open, for example, an ASD unit. It highlights the problems associated with the farming out of responsibility for our education system, and many of those chickens are coming home to roost at this stage.

The Minister, in his contribution on the amendments, referred to property rights. We have seen previously in legislation where attempts to facilitate people with disabilities were stymied where they have been trumped by property rights, even basic items such as the need to provide proper bathroom facilities, and an employer can claim undue hardship under property rights. If we are serious about addressing the needs of people with disabilities, we should remove from our Constitution any of those obstacles that exist. Property rights for that reason and for many other reasons need to be addressed and taken out of the Constitution in the format they are currently in.

I also very much support the point that has been made about ensuring sufficient funding is provided. Schools should be required to provide facilities and, for example, ASD units where there is a local need for such a facility, but they should not be faced with a situation where their resources are stretched because of that. In requiring a school to provide any special facilities for students with disabilities, it is essential those services are fully funded. We have a problem with special needs assistants and with other physical facilities in schools which are not necessarily always funded by the Department. That has to go hand in hand. The schools must on take their responsibility but the Minister and Department must also take on the responsibility for fully funding those services and supports.

I endorse the point made regarding the problem that exists where the provision of ASD units at primary level seems to be close to being adequate but the big problem occurs at secondary level. We are all familiar with that problem where students have had the necessary supports at primary level but there is a gap at that critical stage when they go into secondary school. They find they have to deal with ten or 12 teachers and all the new subjects. It is a challenging time for any teenager transitioning to secondary school but especially for a person with special needs. There is a need for the Department to up its game to ensure an adequate supply of places is available at second level. We are very far from that position at this point. Otherwise, in terms of the general thrust of the amendment, I welcome it.

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