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Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (13 Jul 2022)

Rónán Mullen: Okay. I would prefer to not be obstructing on it. I think everybody in the House agrees with this if you talk to them about it privately, and the public is looking on. I want to pick up on something the Minister of State and Senator Dolan said in response to Senator Warfield's amendment. They invited him to continue the dialogue, as it were, with the Department of Education and said that...

Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (13 Jul 2022)

Rónán Mullen: My apologies.

Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (13 Jul 2022)

Rónán Mullen: We have no choice.

Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (13 Jul 2022)

Rónán Mullen: Where does that leave us?

Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (Resumed) and Remaining Stages (13 Jul 2022)

Rónán Mullen: I welcome the Minister of State to the House. I do not think I did so earlier. The background to this issue is that special classes in mainstream schools combine the benefit of a much-reduced teacher: pupil ratio and special needs assistant, SNA, support with opportunities for children to engage with inclusive learning practices during the school day in mainstream classes with their friends...

Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (Resumed) and Remaining Stages (13 Jul 2022)

Rónán Mullen: I understand that Senator Carrigy has said that section 37A exists but should not have to be used and something quicker should be possible. He may well be right about that. My understanding is that is what the streamlining of section 37A is all about. If there is a need then let us call it an emergency process, call it section 37B and make it clear that the new section is separate from...

Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (Resumed) and Remaining Stages (13 Jul 2022)

Rónán Mullen: This relates to an amendment of section 37A. My point is that surely it is where the action should be taking place. It is not yet clear to me that there is not some other power that cuts across section 37A being given or some other obligation that cuts across section 37A being placed on patrons in circumstances where they do not have the necessary role in order to ensure compliance. I am...

Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (Resumed) and Remaining Stages (13 Jul 2022)

Rónán Mullen: I thank the Minister of State for her reply. I am very clear about her intentions, which seem very sensible. What I am less clear on is whether the legislation as drafted or presented to us entirely expresses her clearly stated meaning in line with what she has just said. I note the Minister of State said co-operation is not ever 100% binding. She is making it clear to me that whatever...

Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (Resumed) and Remaining Stages (13 Jul 2022)

Rónán Mullen: The Minister of State will get no argument from me on that point, nor from most people involved in education, including patrons. This series of amendments are really all the same but they relate to different processes. As she noted, they relate to the provision in another section regarding admission statements. The provision is not that the patron shall co-operate in regard to the...

Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (Resumed) and Remaining Stages (13 Jul 2022)

Rónán Mullen: I am becoming a little confused. If it is shameful that section 37A would ever be invoked, why is it there at all?

Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (Resumed) and Remaining Stages (13 Jul 2022)

Rónán Mullen: Why is it needed? If we are creating an earlier obligation on patrons and boards to provide, then we need simply provide for sanctions. We would just move to the sanction stage if they are in breach of the requirements. The only reason for a 37A process is if it is somehow a rational thing.It would not be there unless it is a legitimate process. If a process such as this is being put into...

Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (Resumed) and Remaining Stages (13 Jul 2022)

Rónán Mullen: This seeks to make the word of the NCSE law on this matter. Once the NCSE looks for it, it has to happen. What Senator Seery Kearney is basically saying is that section 37A is merely the process by which it will be made to happen if the patron does not comply with the obligation to ensure co-operation by the board of the school in providing the requirement or fails to ensure that...

Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (Resumed) and Remaining Stages (13 Jul 2022)

Rónán Mullen: I would appreciate the Minister of State responding on that point.

Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (Resumed) and Remaining Stages (13 Jul 2022)

Rónán Mullen: On the specific question I asked-----

Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (Resumed) and Remaining Stages (13 Jul 2022)

Rónán Mullen: I asked the Minister of State about the dissolution-----

Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (Resumed) and Remaining Stages (13 Jul 2022)

Rónán Mullen: As the Minister of State rightly says, it is the few. Unfortunately it is the few we have to legislate for. My problem is that the Minister of State is putting the patron under an obligation to ensure something they do not have the power to ensure without dissolving the board. This is prior to the section 37A process. Leaving section 37A aside, if a board of management is not complying...

Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (Resumed) and Remaining Stages (13 Jul 2022)

Rónán Mullen: That is not the question I asked.

Seanad: Education (Provision in Respect of Children with Special Educational Needs) Bill 2022: Committee Stage (Resumed) and Remaining Stages (13 Jul 2022)

Rónán Mullen: What is the problem with my amendment?

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