Josepha Madigan (Dublin Rathdown, Fine Gael) | Oireachtas source

The Deputy's question was about the emergency legislation which was published yesterday and will be before the Dáil tomorrow. Regarding Dublin at present, I answered that question at a press conference with the Minister, Deputy Foley, the other day. Currently, there are 56 children who do not have a special class place in Dublin and there are 49 children who do not have a special school place. By virtue of the fact that we will have the emergency legislation in place, we expect and hope to be in a position to have placements for those children for September. Obviously, however, I cannot guarantee that. We hope the schools will volunteer. We prefer schools to volunteer rather than do it on the back of an order or a direction from me. In circumstances where that does not happen, we would have no option but to use section 37A. That is now truncated and streamlined through the new emergency legislation.

However, schools will still have two opportunities to make representations to the National Council for Special Education. That is important because they will get a say and be able to make representations as to why they think they should not open one. A direction can be issued within six to eight weeks of the NCSE sending me a detailed report advising of a lack of provision in a certain area. Also, the Education (Provision in Respect of Children with Special Educational Needs) Bill provides for amendment of section 67 of the Education Act 1998. That section had never been commenced. It means the NCSE can designate a school place for a child. That would be of great benefit to parents seeking a placement for their child.

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