Seanad debates
Tuesday, 6 July 2004
Education for Persons with Special Educational Needs Bill 2003: Committee Stage.
6:00 pm
Liam Fitzgerald (Fianna Fail)
I am sympathetic towards the concerns articulated on both sides. Nobody wants a lacuna to result from, or even be defined in, the Bill for post-18 year olds. Those of us who have been in the educational field or are parents will have children or know friends of their children who availed of or should have been able to avail of special educational facilities.
I am not sure how amending the terms of the Bill would meet the needs and concerns of previous speakers in a way that it does not already. Perhaps the Minister of State or Senators will enlighten me in that regard. I was aware before Second Stage that the term "child" was defined in section 1 as a person not more than 18 years of age but also that section 15 dealt extensively with the need to have a transitional plan, namely a plan that would straddle both the end of second level education and the move into continuing education. I was also aware of the manner in which the Bill sets down the terms by which the principal of the school, the special educational needs organiser or the National Council for Special Education would address this important issue, which must be confronted by the Minister of Education and Science, his Department, the Government and Members of both Houses. It is difficult to see what more could be included in the Bill, beyond the provisions of section 15, to anticipate and account for these difficulties and what extra provisions, assertions or aspirations can be included to adequately address the concerns shared by all in this House and by the Minister of State. We would like to see the Bill meet these needs in a definitive way.
I understood before I spoke on Second Stage that there was a Supreme Court decision regarding the 18 years of age issue. That does not have to be sacrosanct in perpetuity. I also understood that the proposed disability Bill is deemed by the Government to be the more appropriate vehicle to deal with this issue. I may be wrong in this, as may the Government, but that was my clear understanding before Second Stage. I also understand that an advocacy mechanism will be launched next Thursday by the Minister for Social and Family Affairs, Deputy Coughlan, as a consequence of a detailed study on the issue of advocacy for people with disabilities. What can be included in this Bill to meet our concerns and tackle the lacuna we all agree exists and which section 15 attempts to address?
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