Síle de Valera (Clare, Fianna Fail)

I thank the Senators who contributed to this Second Stage debate. Not only have many Members shown a great interest in the Bill, but many of them have shown that they have a great deal of knowledge of the subject. It is always useful in such debates to hear concrete examples such as those we have heard this evening. As we are dealing with a sensitive issue, it is important to deal with it in the best possible way. The Bill benefited significantly from the scrutiny it received in the Dáil and it can only benefit from the debate in the Seanad. Having listened carefully to the comments made, I would like to speak about a number of the issues raised.

I disagree with some of the points made by Senators Cox and Ulick Burke about the Bill. The legislation is designed to elaborate on and ensure the delivery of the constitutional rights of children with special educational needs. It will provide a statutory guarantee to an assessment, an education plan and support services, something which does not exist at present. Along with other Senators, they raised the issue of the definition of a "child" and the limitation of the benefits of the Bill to those under 18 years of age. The purpose of this Bill is to address the constitutional rights in Article 42 of the Constitution, particularly the right to free primary education of children under 18. Section 15 recognises that in preparing and reviewing education plans, regard must be had to the provision that must be made to allow the child to continue his or her education after the age of 18.

The forthcoming disability Bill will deal more specifically with the delivery of services, including education services, to adults with disabilities. When taken with the introduction of an advocacy service for children and adults under the Comhairle Bill, this legislation and the disability Bill will offer a complete and seamless service, albeit with differing regimes, for children and adults.

A number of Senators mentioned the need for early intervention, which all of us recognise as important. We should provide properly for the transitions between pre-school and primary education, as well as between primary and secondary education. That a "child" is defined as a person under the age of 18 demonstrates a commitment to intervening as early as possible. Education plans must contain inputs to facilitate important transitions in a child's education.

I invite those Senators who referred to resources to consider more closely section 13, which requires the Ministers for Education and Science, Health and Children and Finance to provide the necessary funds to allow for the preparation and implementation of education plans. Section 9(7) requires that schools be provided with the resources necessary to prepare and implement education plans. Some Senators misunderstand the purpose of section 13. It has been argued that the inclusion of a reference to the consent of the Minister for Finance to resourcing decisions under the Bill is tantamount to a veto for the financial watchdogs over the rights of children with disabilities, but that is emphatically not the case.