Brian Hayes (Dublin South West, Fine Gael)
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I am grateful for the opportunity in the brief time available to me to address this matter with my colleagues. The Minister is aware that a very significant case occurred yesterday, namely, the Ó Cuanacháin case in the High Court. It is one of the great scandals of this Republic that the parents of autistic children still have to go through our courts as a means of getting justice for their children because the education system has failed them so disgracefully over a period of prolonged prosperity.

The Minister's Department has a particular knack, aptitude and history of wrestling those parents seeking justice for their children through the courts system. These parents are seeking to ensure that the very best standards of educational resources, be they through ABA or any other model, are there for their children. It is important for the Minister to make her comments initially to the House on foot of the case.

I am here for one reason only. I want the Minister and the Government through her Department to be absolutely clear that if there are third party costs in this case, her Department will pay them in full. In the submissions to the court, it is quite clear that the legal fees have been waived. The Minister was correct when she said at 1 p.m. that this has been said through the senior counsel and others in the case. However, there could be third party costs. I am referring to stenographers, expert witnesses and the like. I want to ensure that she will make it abundantly clear on the record tonight that her Department will meet the third party costs of this family, which has already gone through this ordeal over the past four and a half or five years with a case that lasted the guts of 70 days and which forced the father to leave work for a prolonged period.

The implications of this case are serious from a public policy perspective. I argued that this case has effectively been a class action and could have implications for 150 potential cases that may come before the courts. The implications of this case are real.

This family has been let down. The courts have already ruled in respect of the failure on the part of the HSE, namely, a lack of early intervention. That has been made abundantly clear in the courts and liability has been given for the family. The Minister has an obligation to tell the House tonight that she will underwrite any third party costs arising from this case. I ask her to do so.

Andrew Doyle (Wicklow, Fine Gael)
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I wish to share time with my colleague, Deputy Timmins.

Brendan Howlin (Wexford, Labour)
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The Deputy has two minutes left.

Andrew Doyle (Wicklow, Fine Gael)
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The Ó Cuanacháins had a justifiable and legitimate reason for challenging the Department of Education and Science's decision not to provide ABA teaching to their child purely because they were geographically at a loss. It seems odd that 12 ABA schools are funded by the Department, including one in the Minister's constituency for which she actively lobbied.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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No, that is not in my constituency.

Andrew Doyle (Wicklow, Fine Gael)
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They are mentioned in the national development plan as going from pilot to permanent status. The Ó Cuanacháins had a legitimate right to challenge the Department of Education and Science on that fact alone. Before that, the courts had established that the State had denied Seán Ó Cuanacháin his right to an education and damaged his educational prospects.

ABA has the best effect at an early stage. That this court case dragged on for four years, adding significantly to costs, is not the fault of the Ó Cuanacháin family, which sought early intervention. They have lost that opportunity and to subject them to legal costs is ridiculous.

Billy Timmins (Wicklow, Fine Gael)
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I support my colleagues and ask the Minister why this case was so protracted. This has been a terrible time for the Ó Cuanacháin family as it has sought a basic education for Seán. The family is not unique — many are in a similar situation. When we look back, this will be seen as one of the great scandals of our era. At a time of unlimited resources over the past few years it is an outrageous situation. The buck stops with the Minister and, no matter how she or the Department tries to dress this up, it is outrageous that a family must go to court to seek a basic education for a vulnerable child. Nothing can excuse it.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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As this case may be appealed to the Supreme Court, I am restricted in what I can say about it. The Government recognises that parents of all children with special needs make great sacrifices and I am determined to ensure that all children get the support they need to reach their full potential.

There is no doubt that, over decades, the record of the State in providing for children with special needs was very poor and that we are still playing catch up. Significant advances have been made in recent years, improving the lives of children with special needs and their families. There are now in the region of 17,000 adults in our mainstream schools working solely with children with special needs, compared to just a fraction of this a few years back.

The procedures for accessing extra support have also been improved with the establishment of the National Council for Special Education. Parents and teachers now have local special educational needs organisers on the ground to work with them and help them to get the appropriate support for their children. This year €900 million will be invested in special education, an increase of 40% or €260 million on the 2006 amount. Further improvements in services are on the way, with the roll-out of the Education for Persons with Special Educational Needs Act 2004 and the implementation of other commitments in the new programme for Government.

Regarding specific provision for children with autism, the Government believes that, as each child with autism is unique, children should have access to a range of different approaches to meet their individual needs. This view is informed by advice received from international experts on autism, NEPS and the inspectorate. An analysis of research, including the report of the Irish task force on autism, supports this approach, while autism societies in other countries also caution against relying on just one method. By enabling children in special classes to have access to a range of methods, including ABA, the Government is doing what we are advised is in the best interests of such children.

The Department has supported the use of ABA for many years and training is provided for teachers. However, based on research, advice and best practice, the Department does not accept that it should be the only method used. While ABA helps to improve behaviour, other methods, such as TEACCH and PECS are just as important in developing children's communication and speech skills. It is important that children have access to a range of methods so that their broader needs can be met.

Hundreds of children with autism are integrated into mainstream schools and hundreds more are in autism-specific classes. More than 275 autism-specific classes have now been approved around the country, while more are being set up all the time. A testament to the scale of progress being made in this area is the fact that over 100 of these classes have been established in the past year alone. There are a maximum of six children in each special class with a teacher and at least two special needs assistants. Extra assistants are provided where the children need them and a child can have his or her own special needs assistant if needed.

Children in special classes have the benefit of fully-qualified teachers who are trained in educating and developing children generally and who have access to additional training in autism-specific approaches, including ABA. The level of such training available to teachers has improved dramatically in recent years and is a major priority for the Government. Children in special classes also have the option, where possible and appropriate, of full or partial integration into mainstream classes and of interaction with other pupils.

The issue of contention in the case referred to by the Deputies was whether my Department's special class model is appropriate or whether ABA should be the only method used in some settings. Mr. Justice Peart, having listened to extensive expert evidence from both sides, decided that the special class model was indeed appropriate. In his judgment on the costs issue yesterday, the judge drew attention to the fact that the State was not seeking to recover its own very substantial costs. Justice Peart decided that the "fair and just" thing was not to make any order for costs, leaving each side to meet its own costs. It should be noted that counsel for the family had previously indicated to the court that the burden of the costs would not bear upon the family and I hope that it holds true.

Brian Hayes (Dublin South West, Fine Gael)
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Is that the burden? What about all of the costs?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The judge also stated: "In my view there is no special cause in this case which would require this court to exercise its discretion to award to the plaintiffs the cost of the entire proceedings on the basis that it was a case of general importance to the country at large or that it raised matters of particular public importance." He recognised that the case was of course of major importance to the plaintiff but he also pointed out that the plaintiff's parents had denied in their evidence that these proceedings were other than a claim in respect of their own son and stated that it was not part of any wider campaign in the public interest.

I wish to make some general remarks on the issue of legal proceedings brought against my Department. The Department does not initiate these legal cases. From time to time there are references in the media to the Department dragging people through the courts. This is absolutely not the case.

Brian Hayes (Dublin South West, Fine Gael)
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What about letters sent to litigants concerning their houses?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Neither does the Department take lightly any decision to defend cases concerning children with special educational needs. Every effort is made to resolve the issues without going to court. Cases are generally only litigated where no potential settlement is acceptable to both sides and the Government's authority to decide issues of policy is at stake.

James Reilly (Dublin North, Fine Gael)
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Why are there so many cases?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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It is the right of individuals to proceed with litigation if they so wish. In these circumstances, where the Department of Education and Science believes that the education provision available is appropriate it will defend a case. I consider that this is an entirely reasonable approach.

The number of cases taken against the State has shown a downward trend in recent times which can be partly attributable to the substantial improvements that have been made in services for children with special needs. The Government is committed to expanding the services for all children with special education needs and for all children with autism in particular. Where cases are taken, with every effort having been made to resolve cases and not having initiated the litigation, it is not reasonable to expect the State to take responsibility for the costs arising from the arrangements between any plaintiff and the plaintiff's legal team. Indeed, in the small number of cases that have gone to full hearing, in all of which the State's position was upheld, the State has not sought its costs.

My Department does not accept, based on research, advice and best practice, that ABA should be the only method used in some settings. We have been working hard to ensure that all children with autism have access to a range of approaches in special classes. A network of more than 275 such classes is now in place. A number of years ago, before this extensive network was in place, 12 centres were approved for funding under an ABA pilot programme. The Government is committed to long-term funding for these 12 pilot programmes, subject to agreement on certain standards such as appropriate qualifications for staff and the type of educational programme available to the children. Discussions have taken place with Irish Autism Action with a view to advancing this commitment as soon as possible.

Other centres seek funding under the pilot scheme. However, now that a national network of special classes is available, no new centres will be brought into the pilot programme. We are determined instead to ensure that each child has access to the autism-specific education programme that is now being made available to schools throughout the country.