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Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed). (22 Apr 2004)

Jan O'Sullivan: In the context of this debate we should be very careful what we say. We should avoid ambiguity or making implications. Since we are discussing this matter in the context of the forthcoming local elections in particular, there will be thousands of candidates discussing the issue with voters on the doorsteps. From what I have heard so far, including from Members of this House, I cannot imagine...

Order of Business. (4 May 2004)

Jan O'Sullivan: One of the issues of concern to Mr. Tom Sweeney, who is on hunger strike outside the Dáil, is the Residential Institutions Redress Act. Will either the Taoiseach or his representatives meet Mr. Sweeney or his representatives to discuss——

Order of Business. (4 May 2004)

Jan O'Sullivan: I too raised the issue last Thursday. I am asking specifically about the legislation, because it is part of the problem. Will the Taoiseach look at the Residential Institutions Redress Act to see if it should be amended?

Written Answers — State Airports: State Airports (4 May 2004)

Jan O'Sullivan: Question 89: To ask the Minister for Transport his views on whether his plan for the break up of Aer Rianta is having an adverse effect on jobs at Shannon; and if he will make a statement on the matter. [12491/04]

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

Jan O'Sullivan: I move amendment No. 62: In page 9, to delete lines 35 to 37. Question, "That the words proposed to be deleted stand", put and declared carried.

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

Jan O'Sullivan: I move amendment No. 65: In page 9, line 41, to delete "section" and substitute "Act". The intention of this amendment is that the assessment of a child with disabilities will be conducted under the Act, rather than just under section 4. I propose that section 4(6) be amended so it states: "an assessment for the purposes of this Act shall include an evaluation and statement of the nature and...

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

Jan O'Sullivan: I move amendment No. 66: In page 10, line 3, after "potential" to insert "and a statement of the necessary resources required to provide those services". We will return to the significant issue of resources, which is central to this legislation, when we discuss the proposed amendments to section 12 of the Bill. The resources that are required should be provided for in legislation in some way....

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

Jan O'Sullivan: I do not want to remove the word "services". I merely want to add in the phrase relating to resources. I referred to section 12. I should have referred to section 13. Other speakers followed suit and also wrongly referred to section 12. I believe it was section 12 in the Bill published last year, but the section relating to resources in the Bill before us is section 13. I accept part of what...

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

Jan O'Sullivan: I move amendment No. 67: In page 10, between lines 3 and 4, to insert the following: "(7) Where an assessment carried out in accordance with this section establishes that the child concerned has an educational disability, the Health Board or Council as the case may be shall, within one month from the preparation of the assessment, cause a plan to be prepared for the appropriate education of...

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

Jan O'Sullivan: It is not so much the time scales about which I am concerned but that there would be a plan after the assessment. I believe the Minister's amendment No. 102 addresses that issue but will he clarify if it addresses the issue of whether the assessment is carried out by the health board or the council?

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

Jan O'Sullivan: I appreciate that in tabling amendment No. 102, the Minister has moved a certain distance concerning these timeframes. We will be discussing other timeframes in a forthcoming grouping of amendments, so I will not press this amendment. If it is possible to tighten it up in the Seanad, however, that would be welcome.

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

Jan O'Sullivan: Some children have dual enrolment in both the local national school and in a special school. It is important that there is provision in the Bill for more than one teacher in such cases.

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

Jan O'Sullivan: I move amendment No. 81: In page 11, line 41, after "education" to insert "within one month of the assessment". These amendments are concerned with the timeframe for the provision of services by a health board. I take the point that Government amendment No. 99 addresses most of our concerns but it does not contain a specific timeframe, unlike amendment No. 81, which I would prefer.

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

Jan O'Sullivan: My amendment No. 81 had a one month timeframe. I accept that the one month limit is incorporated, at least in the commencement of the plan, and I accept the Minister's amendment.

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

Jan O'Sullivan: I welcome the Minister's pro-active approach in these areas because we did have considerable debate. Some of the bodies that came before the committee believed emphatically that the pre-school child could benefit from being included in these plans. Research indicates that the earlier the intervention the better, where an educational difficulty is discerned. Many children now attend pre-school...

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

Jan O'Sullivan: Deputy Enright has made the point that it is in the Long Title of the Bill. However, the two Deputies are correct in asserting that we need to ensure best practice is available to children. Matters move so quickly nowadays, that it is important to have this included in the Bill.

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

Jan O'Sullivan: Parents have a constitutional right to choose a school and I want to ensure that this is constitutional. One of our concerns dealt with in amendment No. 114 was to ensure that the parents' constitutional rights are protected. The Minister appears to have ensured that. It is very important that the parents have a major role in this because ultimately they must decide on the appropriate...

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

Jan O'Sullivan: I would like to raise another important issue here because this section covers the designation of schools. I am concerned that schools may try to opt out of being designated by the council. Does the Minister envisage giving the council a role to ensure that all schools are inclusive and do not set up obstacles by not looking for resource teachers, physical access and so on? There is a risk...

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

Jan O'Sullivan: I move amendment No. 120: In page 15, line 28, to delete "children" and substitute "each child". Many of these amendments are on drafting issues. We discussed amendment No. 120 on Committee Stage which deals with the review of the education plan. The Bill states that the review should cover, "the operation of each education plan for children who are attending the school". I suggest that...

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

Jan O'Sullivan: I accept the point about the words "child" and "children". However, I am still concerned at parents not always having their requests acceded to by principals. Section 11(6), to which the Minister referred, makes provision for recourse to the appeals board, but that is a cumbersome procedure. I would like to see parents having a greater right because, essentially, we are talking about cases...

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