Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I thank the Deputy for raising this important issue. When I was Minister for Education in 1998, I took a decision and brought a related memorandum to the Cabinet providing for the employment of SNAs for the first time in mainstream schools. It was a watershed decision and I can recall how dubious Department of Finance officials were about my protestations to the effect that the measure would be modest. This view was dashed a year later when the estimate I had helpfully provided to the officials more than doubled. Today we have 21,000 SNAs. I do not mean to jest as this is an important point. The officials were right because they saw what was coming. It was a good thing. The position has changed over the years, and the system has been modernised and professionalised. There is now a career pathway. The provision of special needs assistance is essential for special needs children and it has allowed for a radical change in special education in that the vast majority of children with special needs are in mainstream education, whether in special classes or mainstream classes. SNAs also operate very effectively in special schools.

The Deputy has raised a very important point. An SNA is entitled to a full salary for the first 21 days while on health and safety leave. Based on an SNA's PRSI contributions, he or she may be entitled to health and safety benefits from the Department of Social Protection where their health and safety leave extends beyond 21 days. The board of management has a fundamental role here. It is obliged to assess any specific risk in the workplace to an SNA and to ensure a pregnant SNA is not exposed to any process or working conditions that would damage either the safety or health of the pregnant SNA or the safety and health of the developing child. I understand that, in special contexts in special education, such a risk can arise. However, where a risk has been identified and it is not possible to remove it, protective and preventive measures should be taken to safeguard the health of any SNA to whom the provisions apply, such as a temporary adjustment in the working environment so exposure to the risk is avoided, or in the event that such adjustment is not possible, the moving of the SNA to suitable alternative work that does not entail the risk, or in the event that such alternative work is not available and having consulted and received certification from the occupational health service, granting the SNA health and safety leave. Health and safety leave will cease when the SNA concerned commences maternity leave or the risk itself ceases.

I am aware that, in 2021, Fórsa submitted a claim for increased health and safety leave for SNAs that could not be considered at that stage under the terms of Building Momentum. I am not clear whether it was referred to the WRC but a full review of the SNA contract is currently being carried out by a working group on SNA recruitment as part of the work on the SNA workforce development plan.

See this speech in context