Mary O'Rourke (Fianna Fail)

I am happy to speak on the Bill and outline what I see as its good characteristics as well as ways in which it could still be altered to meet many of our aspirations. I praise the change of Title. It was wonderful that the Minister and his advisers changed it to Education for Persons with Special Educational Needs. This was a good change which apparently took place during the consultation period between the Bill being launched and its Second Reading. That period of time is always a very useful one if there is no immediate rush to get the Bill into either House. It allows for those who would be materially affected by the Bill to meet the Minister and his officials and make their points known. Such points are highly relevant. The Minister of State, Deputy Brian Lenihan, pointed out that the change took place in the course of such a consultation period. I was aware that the Title had been changed but I did not know how or why it had happened. The Title is infinitely preferable to the previous one and is more embracing.

Uniquely, both the Minister of State, Deputy Fahey, and I were the Ministers involved in the early stages of much of this type of thinking. Similarly, Senator Fitzgerald, the party spokesperson on education, was very much involved with me in the years in opposition, 1983 to 1987, when we worked together to formulate our policy papers. They make very interesting reading, not from a historical point of view, but because many of the points we made have come to fruition as matters of policy over the years and particularly in the Bill. I pay tribute to Senator Fitzgerald for the four years in which we worked in great harmony together. Our overriding aim was to put the Government out of office. I wish to pay tribute to the excellent advisers which both Senator Fitzgerald and I had at that time. Senator Fitzgerald reminded me that some of the points made in the House were formulated in the mid to late 1980s. It is proof that education stands the test of time. Senators O'Toole, Ulick Burke and other speakers in the debate are aware that education requires an evolutionary policy and cannot be changed overnight. It takes time and is an evolution of reflection leading to policy-making.

Senator O'Toole's contribution demonstrated his excellent intellect with regard to education. He was one of the leaders of the INTO with whom I had ongoing consultation and with whom I discussed many of the points being made today. It is fortunate to have in the House people who were heavily involved at that time. I recall difficult debates with the INTO. However, the overriding consideration was always the welfare of the child and the position of the child at the centre of whatever provision could be agreed with the Department of Education.

Senator Ulick Burke is a respected secondary school teacher who is respected not just in his own constituency but in the midlands in general. He is respected for his views on education as it affects the child or student. This House will do credit to this Bill even if Members have different points to make. I am not saying this because we are all teachers. However, teachers always retain the tenets of teaching and of a child-centred viewpoint.

The Minister has displayed an open mind on this subject during the debate and this is admirable. I followed the debate in the other House. Over 700 amendments were tabled which shows great interest on the part of the Deputies who contributed. The Minister accepted many amendments on Committee Stage which I acknowledge would be changed on Report Stage by the Office of the Parliamentary Counsel. However, in many cases the amendments were accepted in spirit. I am reliably informed this Bill is vastly changed from that which entered the Dáil on Second Stage. That is admirable as legislation is better for scrutiny and if the Government is prepared to consider fair points made. No Department or Minister has the last word on any Bill because that would be ridiculous. The period of reflection has been very important and I am pleased this House has the benefit of it.

Senators Ulick Burke and O'Toole asked whether resources will be provided to allow for all that is required for children. Senator O'Toole wishes to see the removal of section 13. There is no Bill which does not include this type of section because a Government will need the financial hand at the helm. However, strong stipulations regarding the needs of the child or of its parents or guardians are enshrined by statute in the legislation. That certainty would not have been present in any other Bill.

Senator Fitzgerald obtained the legal interpretation of many of those points from the legal adviser to the Department of Education and Science and he spoke about it in his contribution. I am particularly interested that it is the first time a provision places a statutory duty on the Minister for Finance to allocate funds to a service in accordance with a policy laid down in statute. I never saw a provision such as this before.