Brian Lenihan Jnr (Dublin West, Fianna Fail)

Senators will be glad to hear that I will not be promising a disability Bill in aid of any matter that has been raised in respect of this section. I have a far simpler answer for Senator Ulick Burke, which is that in a sense the Bill does create a central body called the National Council for Special Education. In addition, the Bill provides for an appeals board. If the Senator examines the legislation he will note that the provision of appropriate education services to children with special educational needs involves the close co-operation and co-ordination of activities between education and health authorities. The Bill's provisions resolve current difficulties regarding co-ordination. In the case of a school going child, section 7 provides that the council must provide him or her with the services identified in the education plan as being necessary for the child to participate in and benefit from education. If the child is not of school going age, this responsibility rests with the health board. If the council or health board believes that the other body can provide the services more effectively, it must inform the other body of this and that body must then ensure that provision.

If a dispute arises between the council and the health board, it must be resolved by the appeals board. Creating another special body in addition to the two we are already creating in this legislation, far from ensuring greater co-ordination, would lead to greater confusion.

Under section 39, the council will be empowered to request a health board to take specified action where it considers this to be necessary for the preparation or implementation of an adequate education plan, or necessary more generally to assist the council in carrying out its functions. We have conferred a specific power on the council in that regard to coerce the health board if necessary.

Section 16 makes clear that health boards will be required to implement education policy and policy regarding support services formulated by the Minister for Education and Science and the Minister for Health and Children. This addresses the issue of joint responsibility raised by the Senator in his amendment. I do not disagree with the thinking behind the amendment but what it proposes is already met in the provisions of the legislation.