Liam Fitzgerald (Fianna Fail)

This legislation imposes a statutory onus on the Minister for Education and Science, the Minister for Health and Children and the Minister for Finance to have regard to the constitutional imperative. This has always existed under Article 42 of the Constitution. There is now a statutory onus on these Ministers to have regard to that and to provide for the educational needs of all children. They must ensure that the level of support provided for children with special educational needs is comparable in effect to that provided for children without such needs. Parents and representative groups are significantly empowered and strengthened in their ability to ensure the resources needed to implement the Bill are made available.

I received clarification on this through speaking to certain people last night, to the effect that there are considerable grounds for the possibility of a judicial review of alleged failures on the part of one or all of the Ministers specified in the section to provide for the funds deemed appropriate for the provision of the service or services outlined in the Bill.