Brian Hayes (Dublin South West, Fine Gael)
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Question 53: To ask the Minister for Education and Science if she will make a statement on the report on the implementation of the Education for Persons with Special Educational Needs Act 2004 as submitted to her on 1 October 2006. [33877/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The National Council for Special Education was required by the Education for Persons with Special Educational Needs Act 2004 to make a report on the implementation of the Act. This report is essentially advice to the Minister on the steps the council considers should be taken to implement the Act within a five-year period from the establishment date of the council, which was in October 2005. I appreciate the work of the council in preparing this report.

The report sets out an action plan, which envisages implementation of the provisions of the Act over a four-year period. The council report acknowledged that further work, analysis and discussion, especially with the key stakeholders involved, needed to take place given the extensive and fundamental developments required to implement the Act. The council further acknowledged that it would not be appropriate for it to be prescriptive nor definitive in many areas and it has put forward its views and recommendations to stimulate the necessary discussions and debate.

As the Deputy will know, when passing the Act, the Legislature also recognised that implementation would require a considerable change agenda to develop and support inclusive schools to deliver on the provisions of the Act. For this reason, the EPSEN Act 2004 specifically refers to a five-year implementation period.

I accept the core thrust of the principles and recommendations set out by the council in its implementation report and I am anxious to implement the Act in full in the quickest time possible. However, following consideration of the issues raised in the council's implementation plan and the consultations to date with the education partners, I consider that the five-year timeframe acknowledged in the legislation is the appropriate period in which to implement the provisions of the Act.

The key to implementation of the Act is investment in the system to enable it deliver the services envisaged in the Act. Our focus must be to deliver the best outcome for the student and to ensure that schools are not overly burdened with paper and process to the detriment of the student. I am determined to put the necessary policies and programmes in place and my priority is to ensure that the education system has the necessary supports and capacity to function in accordance with the EPSEN Act.

A considerable amount of progress has been made in this regard. As I stated, a series of consultations have been held with the education partners, at which a range of issues were explored in the context of delivering the provisions of the Act and some of these groups have made further submissions in recent weeks. Arising from this process and taking account of the council's implementation report, a working group in my Department has been developing proposals for implementation of the Act and this work will be completed shortly. In this context I am satisfied that effective progress is being made to advance development of the necessary policy and supports to enable formal commencement of the remaining provisions of the Act.

Brian Hayes (Dublin South West, Fine Gael)
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The National Council for Special Education, as it is obliged under the Act, submitted an implementation programme to the Minister on 1 October 2006. Is the Minister telling the House that this programme is not the Minister's programme? Is the Minister also telling the House that the various 50 proposals are not now to be implemented within the timescale? Will the Minister accept that her effective rejection of the advice from the national council leaves her open to the charge that no progress will be made in the implementation of the EPSEN Act to help young school children with special needs?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Education for Persons with Special Educational Needs Act, when first introduced, envisaged a five-year implementation period. The report from the council on its studies and recommendations also outlined that it needed further work and analysis and further discussion with the partners. For this reason I will stick with what was originally in the legislation because we cannot move more speedily if the schools are not ready for it. However, key elements have already been introduced. The National Council for Special Education has been established, as has the inclusive approach in schools. A total of 17,000 adults work in schools with young people with special educational needs. This includes a total of 6,500 teachers instead of the previous 1,500 teachers and a total of 8,800 special needs assistants instead of the previous 300. The sole duty of these 17,000 adults is to work with young people with special educational needs.

The Special Education Appeals Board has been established. The cross-sectoral group which includes different Departments has been established. The individual education plan guidelines have been issued to schools and many had already been following these guidelines as part of best practice in schools. The standards for assessment and the work which will be undertaken by HIQA in overseeing these assessments have begun. The council is also developing a database.

I draw the attention of the House to the funding of €900 million this year. I do not think anybody can question the commitment to the education for young people with special needs.

Brendan Howlin (Wexford, Labour)
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I will allow a brief supplementary question.

Brian Hayes (Dublin South West, Fine Gael)
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I am questioning the commitment. In the implementation report given to the Minister on 1 October 2006 the council outlined 30 separate actions that should have been implemented by December 2007. Will the Minister inform the House how many of those actions have been implemented? It is my understanding that various sections of the Act have not yet been implemented, specifically with regard to assessments, education plans and a co-ordinated approach. When will the Minister implement section 10 of the Act which is essential in terms of enrolment policy? She spoke on this subject quite passionately in recent years. Does she accept that unless progress is achieved on the implementation plan which the professionals have outlined, we will not meet the target of 2010?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I have outlined the considerable progress which has taken place in a very short period of time. I referred to the number of people working in the area, the guidelines, the cross-sectoral group, the appeals board, the standards for assessment and the investment of €900 million. This is what is happening every day. The remaining sections of the Act will be implemented within the five-year timeframe, as outlined in the legislation and this will be done with the full co-operation of and consultation with the people who must implement it on the ground. They are the people who are in the schools every day and it is happening as we speak. I will not tolerate anybody casting scorn on what is being done for young people with special needs, considering the commitment that exists.

Brian Hayes (Dublin South West, Fine Gael)
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May I ask a brief question?

Brendan Howlin (Wexford, Labour)
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I must move on to the next question.