Brian Stanley (Laois-Offaly, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

63. To ask the Minister for Education and Skills the cost of implementing the unimplemented aspects of the Education for Persons with Special Educational Needs Act. [42203/13]

Ruairi Quinn (Dublin South East, Labour)
Link to this: Individually | In context | Oireachtas source

A number of sections of the Education for Persons with Special Educational Needs Act have been commenced. However, in light of the very difficult economic position and significant costs involved, the previous Government deferred the full implementation of the Act.

The National Council for Special Education, NCSE, had suggested that additional investment over a period of years of up to €235 million per annum, across the education and health sectors, would be required to fully implement the Education for Persons with Special Educational Needs Act. My Department's opinion is that the level of investment required could be greater.

The NCSE recently provided comprehensive policy advice to my Department on how the education system can best support children with special needs. This advice will guide the preparation of a plan on how aspects of the Education for Persons with Special Educational Needs Act can be implemented, including prioritising access to an individual education plan, and developing a new resource allocation model for schools.

Jonathan O'Brien (Cork North Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I welcome the Minister's reply. It is important that we do not allow this issue to fall off the agenda. All of us recognise the significant cost involved in fully implementing the Education for Persons with Special Educational Needs Act. Some people have suggested the cost could be double the figure of €235 million cited by the Minister. I understand the cost issue has not been the subject of a comprehensive study and that the additional costs would be incurred annually rather than on a once-off basis.

It would fall to the Departments of Education and Skills and Health to implement the Act in full. Has an analysis been done of whether the costs of implementing aspects of the legislation could be met from existing resources or with minimal additional resources? Are costs the only factor preventing full implementation at this stage?

Ruairi Quinn (Dublin South East, Labour)
Link to this: Individually | In context | Oireachtas source

Legal advice provided in my briefing note indicates that partial implementation of the Education for Persons with Special Educational Needs Act could give rise to legal difficulties, for example, if the provisions were to be confined to an age cohort or broken up and phased in. I can make the conclusions, rather than the detailed legal advice, available to Deputy O'Brien.

The Deputy is correct that the cost of implementing the Act would be difficult to estimate or quantify. Given that we are struggling to meet current commitments, I would not like to give him or members of the public the impression that the Government will roll out the rest of the Act any time soon, as we do not propose to do so.

Jonathan O'Brien (Cork North Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Would partial implementation of the Act give rise to legal issues? Is the legal advice that the remaining elements of the Act must be implemented together? I ask the Minister to clarify that matter.

Ruairi Quinn (Dublin South East, Labour)
Link to this: Individually | In context | Oireachtas source

The Department's legal advice is that the Education for Persons with Special Educational Needs Act, as currently constituted, may not be implemented on a phased or age cohort basis.