Pauline Tully (Cavan-Monaghan, Sinn Fein) | Oireachtas source

The failure to implement the Act fully or put something similar in its place runs contrary to the UN Convention on the Rights of Persons with Disabilities. Under Article 4 of the convention, the Government is obliged to ensure that children with a disability are not excluded from the general education system on the basis of their disability. We need to provide a more inclusive society in all aspects of life and that includes education.

The new Oireachtas Joint Committee on Disability Matters, which was established last month, has a very important role of overseeing the full implementation of the convention. At a recent meeting of the committee, I asked a question about the future of the EPSEN Act. The representative of the Irish Human Rights and Equality Commission replied that it was the view of the commission that the Act was outdated and not fit for purpose. The representative of the National Disability Authority, however, said that the Act needs to be fully implemented in order to fulfil our role under the UN convention. Which view is correct? I accept that the provisions of the Act will need to be updated to reflect, as the Minister noted, that 16 years have passed since its introduction. However, it remains the case that, where it is practical, we need to integrate children with disabilities into mainstream education. We know mainstream provision does not suit all children with special needs but, where it does and where children choose to avail of it, we must ensure they have the support to allow them to access mainstream education.

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