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Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Ulick Burke: Does the appeals board have the capacity to set down a timescale?

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Ulick Burke: I move amendment No. 33: In page 18, subsection (2), line 18, to delete "2 months" and substitute "one month". The appeals board shall hear and determine an appeal under this section within two months. A child with special needs could find him or herself in a situation where all of the timescales are used because of disagreements, appeals and processing, leading to serious delays before the...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Ulick Burke: When the Minister of State replied, she may not have understood that we are only seeking a change. The Bill already involves, in addition to the Minister for Finance, the Minister for Education and Science, the Minister for Health and Children and potentially the Minister for Justice, Equality and Law Reform. A situation could arise where consent is required from all four Ministers. A...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Ulick Burke: Senator Fitzgerald is splitting hairs.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Ulick Burke: What about the record? For how long must children wait?

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Ulick Burke: It is not likely to happen.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Ulick Burke: The Senator should tell that to parents in Counties Donegal or Kerry.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Ulick Burke: Some 5,000 children have been denied assessment and are still waiting.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Ulick Burke: That is unlikely.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Ulick Burke: He has given a good example.

Seanad: Business of Seanad. (7 Jul 2004)

Ulick Burke: As the Order of Business has only now been agreed, is it possible that the time allocated for the resumed Committee Stage of the Education for Persons with Special Educational Needs Bill 2003 can be extended?

Seanad: Business of Seanad. (7 Jul 2004)

Ulick Burke: In view of the delays and disruptions that took place during the Order of Business, can the Leader consider extending the time allocated for resumed Committee Stage?

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Ulick Burke: I support the amendments. Is the Minister of State confident the Departments of Health and Children, Education and Science and Finance have the professional personnel to adequately perform the duties required under the amendments? Would they create difficulties? If so, what action will the Minister take to address these difficulties, given that this serious issue has been highlighted by many...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Ulick Burke: I move amendment No. 19: In page 10, subsection (1), line 33, to delete "may" and substitute "shall". At present the legislation states that an assessment under section 4 shall be carried out with the assistance of persons with experience and the necessary qualifications. However, the legislation states that this may include a psychologist, a medical practitioner, the principal of the school...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Ulick Burke: I emphasis again to the Minister of State that "may" is a weak term in that it is possible that it may not be essential for one of the experts listed to be involved. They may be but it is not an absolute requirement that they should, which is the thinking behind the amendment. In the absence of the amendment, the assessment could take place without the expertise required in section 4.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Ulick Burke: I support the amendment. Does the Minister of State's Department have the personnel, resources and expertise to provide such services? If not, will this involve an additional charge arising from the implementation of the Bill to provide the necessary linguistic expertise? Psychologists and other professionals who do not have access to translators or interpreters may not be competent to...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Ulick Burke: Will the Minister of State assure the House that the persons referred to in the Bill will have such linguistic competency?

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Ulick Burke: I thank the Minister of State for her reply.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Ulick Burke: I know that you have ruled it out of order, a Chathaoirligh, but——

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Ulick Burke: I agree with some of what the Minister of State has said. However, the national council is a distant body, whereas when the local health boards deal with local Department of Education and Science officials an issue can be dealt with quickly using a hands-on approach. The Minister of State referred to the fact that one body must report to another and report back to the council. All of this...

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