Norma Foley (Kerry, Fianna Fail) | Oireachtas source

That is grand. For the reasons outlined, I cannot accept amendment No. 7.

On amendment No. 8, when the section 37A process is being used, it must be open and transparent. This is important for everyone involved. Openness and transparency must be at the heart of it for the schools involved and, in particular, for the parents of children and young people with special educational needs, their representative bodies and advocacy groups. Deputy Ó Ríordáin’s amendment seeks to remove that openness and transparency. I assure him that the section 37A process will continue to be an option of last resort. The preference remains for all parties involved to work together collaboratively to provide additional special classes. The Department and the NCSE will continue to engage with school authorities in a collaborative manner to provide additional special classes and special school places. It is through this engagement that the vast majority of additional classes are successfully provided for at present. However, where schools do not co-operate with the NCSE, and there is an identified need for additional provision in a particular area, it may be necessary to use the section 37A process. It is not intended that this will be a surprise development at any point for any school involved. To ensure the continued openness and transparency of the section 37A process, I cannot accept the amendment.

I appreciate the Deputy has agreed to the new wording relating to amendment No. 9. On amendment No. 17, as I have said previously, in drafting this urgent legislation the Office of the Attorney General and the Department were anxious to ensure that the general purpose and objective of the legislation was reflected in the recitals section. I understand the purpose of what the Deputy suggested in his amendment. I agree it is vitally important that all organisations and individuals tasked with implementing the provisions of the Bill consult and work with parents of children with special educational needs. In recent times the Department has had significant engagement with special educational needs advocacy groups and representative bodies on a range of education matters. A special educational needs stakeholder forum is now operating, which is positive and helpful, and is leading to excellent co-operation and consultation, as it should. As I said previously, I am pleased, as I am sure everybody in the House will be, to acknowledge a number of the advocacy groups have welcomed this urgent legislation. It is also at their request that it be enacted as soon as possible. I confirm that myself and my Department are committed to continuing to work with parents, their representative bodies and advocacy groups on the implementation of this legislation and on special educational needs provision and policy into the future.

This Bill provides for a new function of the NCSE to co-ordinate and manage the admission of children to special classes and special schools. Where the council decides to take on this role in a particular area, it will be done so only after consultation with parents and schools. I am confident that if the council decides to take on this new role in specific areas, it will be of significant assistance to parents, children and young people. I am satisfied that the legislation promotes the need for all parties to engage with parents of children with special educational needs regarding school admission and other matters. For that reason, I do not believe the Deputy’s amendment is necessary and, therefore, I cannot accept it.

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