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Written Answers — Residential Institutions Redress Scheme: Residential Institutions Redress Scheme (4 May 2004)

Noel Dempsey: While I continue to be concerned about the health and well-being of the person referred to by the Deputy, I must point out that he has taken his claim through the various stages of the redress scheme. The Residential Institutions Redress Board and the Residential Institutions Review Committee are independent in the performance of their functions, in accordance with the terms of the...

Written Answers — Special Educational Needs: Special Educational Needs (4 May 2004)

Noel Dempsey: The Department of Education and Science sanctions special educational needs supports for pupils with disabilities in primary schools on an assessed needs basis to facilitate access to special schools, special classes and mainstream schools on an integrated basis. Such supports take the form of special class teachers, resource teachers and special needs assistants and are processed on receipt...

Written Answers — School Accommodation: School Accommodation (4 May 2004)

Noel Dempsey: The four schools which provide post-primary education in the Lucan area have a current enrolment of 2,420. Given that the extension projects at St. Joseph's College and Coláiste Phádraig have almost been completed and that a project to provide a new building for Coláiste Cois Life, a developing all-Irish college, will proceed to tender and construction later this year, there will be...

Written Answers — Special Educational Needs: Special Educational Needs (4 May 2004)

Noel Dempsey: My Department has no record of having received an application for a computer for the pupil referred to by the Deputy. Any application received will be considered in the context of the criteria set out in the relevant Department circular.

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 45: In page 8, lines 30 and 31, to delete "educational disability" and substitute "special educational needs".

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 48: In page 9, line 17, to delete "an educational disability" and substitute "special educational needs".

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I have checked this with the Office of the Parliamentary Counsel and have been informed that the current draft of the provision is in order, does not require amendment and it would be safer to leave it as it is.

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 52: In page 9, line 21, to delete "an educational disability" and substitute "special educational needs".

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 54: In page 9, line 21, after "shall" to insert ", unless an assessment under section 3 of the child is being or has been carried out," This amendment relates to a point that was made by Deputy O'Sullivan yesterday. It will ensure that the council or the health board will not be obliged to carry out an assessment of a child if an assessment has been or is in the process...

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 57: In page 9, line 23, after "child" where it secondly occurs to insert "has or". Deputy O'Sullivan and I agree about the need for this amendment. I thank Deputy O'Sullivan for raising the drafting issue on Committee Stage

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 58: In page 9, line 24, to delete "an educational disability" and substitute "special educational needs".

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 60: In page 9, line 29, to delete "3 months" and substitute "1 month". This amendment relates to time limits. It was suggested on Committee Stage that the timeframe for the beginning of an assessment could be reduced from three months. Having considered the suggestion, I agree with the basis for it. I have proposed amendment No. 60 to reduce the period to one month. As a...

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 63: In page 9, lines 36 and 37, to delete "an educational disability" and substitute "special educational needs".

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: Deputy O'Sullivan's amendment is no longer necessary because we have taken on board what she has proposed. As a result of amendment No. 34, which was agreed yesterday evening, school-based assessments must also include "a statement of the findings" as an inherent part of the assessment process. We have also set out the timeframes that apply to it. The Deputy wants all assessments to include a...

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: It was notable that when the Deputies opposite spoke about providing for children with special needs, they used the word "services" more often than "resources". In the context of the Bill, the word "services" is more appropriate. Section 12 deals with the question of resources and how they might be prioritised and so on. We are talking about a statement of the services that a child will need,...

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: In amendment No. 102, I propose that a deadline for the preparation of a plan by the council or health board should be included. These plans must accommodate children with more complex needs and this will take more time. Therefore, I propose a time limit of one month in which to commence a plan and a further two months for its completion. The one month suggested by the Deputy is not feasible...

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: Yes, if necessary.

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: Section 8(1) makes it clear that an education plan must be prepared by the council and the health board if the assessment shows that the child has a special educational need. What the Deputy is trying to cover is dealt with in that subsection.

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I apologise for that. In future I will wait until everybody has contributed. I have indicated that a month would be too short but we amended that yesterday. What the Deputy is seeking in this amendment is catered for already in section 8(1). Deputy John Bruton mentioned multiannual funding and with his vast experience in the Department of Finance he will be aware of the difficulty in getting...

Education for Persons with Disabilities Bill 2003: Report Stage (Resumed). (13 May 2004)

Noel Dempsey: I move amendment No. 68: In page 10, line 6, to delete "Board." and substitute "Board; such an appeal shall be determined by the Appeals Board within 6 weeks from the date that it receives the appeal.". Deputies Enright and Stanton have suggested that an appeal against a refusal to accede to a request for an assessment should take place within six weeks. At present, there is no time limit for...

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