Results 10,781-10,800 of 11,242 for speaker:Noel Dempsey

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

Noel Dempsey: The Deputy is right. There was a long and detailed discussion on making available the services of the health board or council as soon as practicable. As a result of the exchanges on Committee Stage, it was agreed that a child should not be precluded from receiving the benefit of services merely because an appeal is pending. It is particularly important that a child should not needlessly miss...

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

Noel Dempsey: It is an oral amendment to the Bill. It makes it stronger. Deputies Enright and Stanton have also pointed out in amendment No. 95 a typographical error in the Bill, which my amendment No. 94 will correct. A reference to "Appeal Board" should read "Appeals Board". Amendment No. 96 requires that the appeals board, in making its determination, has regard to the effective delivery of support...

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

Noel Dempsey: I move amendment No. 90: In page 12, line 13, to delete "3 months" and substitute "2 months".

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

Noel Dempsey: I move amendment No. 92: In page 12, line 15, after "determination" to insert "(and which determination shall be made within 2 months from its referral)".

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

Noel Dempsey: I move amendment No. 94: In page 12, line 16, to delete "Appeal" and substitute "Appeals".

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

Noel Dempsey: I move the following oral amendment: In page 12, subsection 5, line 16, to delete "may" and substitute "shall".

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

Noel Dempsey: I move amendment No. 99: In page 12, between lines 20 and 21, to insert the following: "(7) The provision of services under subsection (1) or (3) by a health board or the Council shall be made as soon as practicable after the completion of the assessment or, as the case may be, the preparation of the education plan in respect of the child concerned. (8) The fact that—— (a) an appeal...

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

Noel Dempsey: I move amendment No. 102: In page 12, between lines 27 and 28, to insert the following: "(2) The preparation of an education plan under this section shall commence not later than 1 month from the direction concerned referred to in subsection (1) being given and be completed without undue delay and, in any case, not later than 2 months from its being commenced.". Unlike school-based education...

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

Noel Dempsey: I move amendment No. 103: In page 12, lines 39 and 40, 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. 105: In page 13, lines 1 and 2, to delete "educational disabilities" and substitute "special educational needs".

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

Noel Dempsey: I move amendment No. 107: In page 13, to delete lines 28 to 34 and substitute the following: "(b) the nature and degree of the child's special educational needs and how those needs affect his or her educational development; (c) the present level of educational performance of the child;". On Committee Stage, Deputies Enright and Stanton suggested that the education plan should refer to a...

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

Noel Dempsey: I move amendment No. 109: In page 14, lines 1 and 2, to delete "or educational disability (being a category of such need or disability" and substitute "(being a category of such need".

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

Noel Dempsey: That provision for children with special educational needs should be informed by best international practice is now included in the Long Title of the Bill as a result of amendment No. 1, as Deputy Enright has indicated. It was part of the amendment put forward by Deputy O'Sullivan. The entirety of the Bill is to be informed by best international practice. The council will also have a role,...

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

Noel Dempsey: I move amendment No. 112: In page 14, lines 31 to 33, to delete all words from and including "a" in line 31 down to and including "transferred" in line 33 and substitute the following: "it is proposed to amend a child's education plan pursuant to subsection (8) (b) the principal of the school to which the child is to be transferred shall inform the parents of the child of the proposed...

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

Noel Dempsey: I move amendment No. 113: In page 14, to delete lines 44 to 47 and substitute the following: "10.—(1) The Council may—— (a) of its own volition, or (b) at the request of a the parents of a child in respect of whom an education plan has been prepared under section 8(1), designate the school which a child with special educational needs or, in the case of request under paragraph (b), the...

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

Noel Dempsey: We cannot infringe the constitutional rights of the parents in legislation. The fact that the school is designated imposes an obligation on it to enrol the child, if the parents desire. It does not impose an obligation on the parents to send the child to that school so it does not infringe their rights in that sense.

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

Noel Dempsey: In the case of a school saying that it cannot take a child or cannot be designated to take a child with a physical disability, for practical reasons alternative arrangements would be necessary until that appeal was heard. If the child is wheelchair bound and the school does not have ramps, wide doors or whatever, an alternative would have to be found. The focus of the Bill, however, is to...

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

Noel Dempsey: I move amendment No. 119: In page 15, between lines 22 and 23, to insert the following: "(6) If the Council fails or refuses to make a designation under subsection (1) at the request of parents under paragraph (b) of that subsection or fails or refuses to make such a designation of a particular school specified in their request (if such has been specified), the parents may appeal to the...

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

Noel Dempsey: In response to Deputy O'Sullivan's point regarding the use of the term "each child" in preference to "children", I draw her attention to the Interpretation Act where singular means plural and plural means singular. The Parliamentary Counsel is satisfied that it meets the requirements outlined by the Deputy. I accept her point, but it is clear in legal terms, although it may not be clearly...

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

Noel Dempsey: I accept Deputy O'Sullivan's point, but it can equally be said that in almost all cases the school will also be reasonable. I do not want to put principals in an impossible position. A great deal of discussion focused on the workload of principals. Let us be honest. There are awkward school principals but there are also awkward parents.