Joanna Tuffy (Labour)

I move amendment No. 3:

In page 7, before section 2, to insert the following new section:

2.—It is hereby declared that, in enacting this Act, the Oireachtas has had regard to the following principles:—

(a) legislation in the area of education of persons with disabilities must be based on international human rights standards;

(b) the overall objective of such legislation must be equal access to effective and adequate levels of education;

(c) education should be provided within the mainstream education service or in the least restrictive alternative;

(d) education services should be based on an individualised assessment of need;

(e) parental involvement and where possible, involvement of the person with disabilities should be a central element of the process;

(f) delivery of services should be based on the principle of progressive achievement;

(g) a rights-based system of enforceable remedies is an essential component of any system of redress".

The purpose of the amendment is to state a number of general principles we consider should apply to the legislation. The statement of principles is taken from the submission by the Irish Human Rights Commission, although it is slightly changed. The commission referred to judicial remedies in its final paragraph, while we suggest a more general formula relating to rights-based, enforceable remedies. It would be helpful to have these kinds of general principles in the legislation and it deals with a number of issues which came up on Committee Stage in the Dáil, such as requiring that education services be based on individualised assessment of needs, parental involvement and so on.