Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

As stated earlier, I have had the chance to read the ombudsman's report. The Government accepts the criticisms that are being made. The report acknowledges some of the changes that have been made in the past two years, especially with regard to future planning. Use of such planning will mean that in future years we will not face the problems we have been facing for the past couple of years whereby parents do not know if there is a place available for their child until very late in the day. That is not acceptable, and it is something we are working on. We very much have an emergency situation in which approximately 100 children do not have school places - as yet - for this September.

I am always reluctant to discuss individual cases in the Dáil but I understand that in Gareth's case, an additional special class is now being provided in Athlone. That will be an option for him. I hope that will resolve that issue to the satisfaction of his parents.

I look forward to seeing Deputy Ó Ríordáin's legislation. We will, of course, give it special consideration. Perhaps it can be considered by the new special committee on autism that has been established under the chairmanship of Senator Carrigy.

With regard to the wider issue raised by Deputy Doherty earlier in terms of emergency legislation, section 37A is currently being reviewed within the context of the review of the Education for Persons with Special Educational Needs Act 2004 - the EPSEN Act - to establish whether the process can be streamlined to ensure that sufficient specialist places can be made available in a more efficient manner. The review is being conducted by way of engaging with those who are part of the process, including the NCSE, Department officials and schools, in order to take into account the cases where section 37A has been used and the effectiveness for the child. In addition, the advisory group for the overall EPSEN Act review will have an opportunity to submit its views.

The Department is separately considering whether there is a need to introduce new emergency legislation to assist in securing additional special educational needs provision. The Department has engaged with the Office of the Attorney General to discuss this matter. This work will consider whether new legislation would assist in expediting the existing section 37A process.

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