Catherine Murphy (Kildare North, Independent)
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Question 49: To ask the Minister for Children and Youth Affairs her views on that of the Ombudsman for Children that the role of the National Council for Special Education should be included in her remit; if she has had discussions with the Department of Education and Skills regarding same; the outcome of these discussions; and if she will make a statement on the matter. [26127/11]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am aware of the matter raised by the Deputy. The Office of the Ombudsman for Children has been in contact with the Department of Children and Youth Affairs. On 3 June 2011, responsibility for the Ombudsman for Children Act 2002 was transferred to me as Minster for Children and Youth Affairs. I understand that under this Act the inclusion of the National Council for Special Education within the remit of the Ombudsman for Children requires a draft order to be laid before each House of the Oireachtas and a resolution approving this order to be approved by each House. This would be the procedure if it were to happen. I expect further contact before the end of the year from the Office of the Ombudsman for Children on its remit. While responsibility for proposing the amendment of legislation relating to the Ombudsman for Children rests with the Department of Children and Youth Affairs, responsibility for the National Council for Special Education rests with the Department of Education and Skills. Accordingly, my Department will consult the Department of Education and Skills and the Ombudsman for Children before finalising a proposal on this matter.

Catherine Murphy (Kildare North, Independent)
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This almost returns to the point the Minister made in her previous reply with regard to the need to have an integrated approach. The point parents make is that they do not know where their voice is heard. An appeal against a decision of the National Council for Special Education is adjudicated by colleagues sitting at the next table and parents feel very aggrieved by this. Our system should always have checks and balances, and this issue affects some of the most vulnerable children in the State. If they are allocated a special needs assistant or resource hours, by definition they require additional support.

Is the Minister disposed to moving the order? What dialogue must happen with the Department of Education and Skills? Will it take a short period of time? In the answers to questions posed, by the Opposition in the main, on the number of special needs assistants we are told if a child requires a special needs assistant he or she will have access to one. However, a language gap exists because " access to" does not mean a dedicated special needs assistant. This is why much grievance exists and the parents are being lost in all of this.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I can only agree with Deputy Murphy on the vulnerability of the children and of their parents when trying to access a service. I fully understand this and appreciate the stresses and the difficulties. Deputy Murphy asked me to outline how the process for taking responsibility for this area might move forward and where the discussions are going. The Office of the Ombudsman for Children has stated it will come back to me. I understand originally it wrote to the former Minister, Mary Harney, on this matter and raised this question. This afternoon, I will meet the National Council for Special Education and I will discuss this issue with the Department of Education and Skills and the Ombudsman for Children to see how it can be best dealt with.

Catherine Murphy (Kildare North, Independent)
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If this is to happen, does the Minister see it happening by the end of this year or early next year?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I want to stress that at this point, a decision has not been taken. The Ombudsman for Children will return to me with her proposals after which discussions will take place with the Department for Education and Skills. I know that Department will have its own plans on how it sees the service developing. I must have those discussions with the Department as well.

The Deputy made a relevant point; the Department of Children and Youth Affairs must be a cross-cutting Department as well. We must work with other Departments because not all of the issues that relate to children, for example, special needs, are under the direct remit of my Department at the moment, but even if they did not come under its remit, it would be an area on which we should work together.