Seanad debates

Thursday, 8 July 2004

Education for Persons with Special Educational Needs Bill 2003: Report and Final Stages.

 

1:00 pm

Photo of Ulick BurkeUlick Burke (Fine Gael)

I move amendment No. 1:

In page 7, between lines 21 and 22, to insert the following:

"3.—Where both the Department of Education and Science and the Department of Health and Children have joint roles under a provision of this Act, they shall establish a central body with responsibility for the co-ordination of education and health services in these areas.".

I welcome the Minister of State and her officials. I tabled this amendment on the realisation that the first time I raised the matter two Departments were involved in the preparation of the plan. Overall, there could now be as many as three or perhaps four Departments involved, including the Departments of Education and Science, Health and Children, and, because of a reluctance on the part of the Minister to accept the extension of time beyond the 18 years of age rule, Justice, Equality and Law Reform. Given the difficulty in co-ordinating the efforts and endeavours of all parties there can be a great number of individuals and bodies involved in planning and providing services for students with special educational needs. The thinking behind the amendment is that in order to avoid delay there is a necessity to bring a co-ordinating group together. The Minister of State at the Department of Justice, Equality and Law Reform, Deputy Brian Lenihan, made one revealing comment here on the last occasion, which Senator Fitzgerald will remember. He said a greater joining up of thinking was his idea of what should happen. That is the essence of this amendment. I see no be better way of co-ordinating thinking than the inclusion of this amendment to ensure persons with responsibility work together in their efforts. I am not blaming the Department of Education and Science, but the Minister of State will be well aware of the position in health boards in the past. They are now being replaced by a health executive. It is next to impossible to get a timely response to a request for whatever the service and the part it plays in it. Given the way the health boards were structured I have no reason to believe there will be an internal division of the sections, though they are no longer called health boards. People at ground level will have great difficulty in getting though to those sections to get a response.

On Committee Stage I quoted from a constituent who had returned from the US with three children, two of whom were in the special needs category. They had become involved in and availed of very fine services there. When they went to the local national school they discovered they would have to wait indefinitely to get an assessment. The parents had an assessment done privately and presented it to the principal to be forwarded to the Department. I am open to correction here. From November 2003 to date that parent has not had a response from the Department of Education and Science. Because she was conscious of the busy schedule of the principal she took it on herself to make contact with the relevant section in the Department but to date has not had a response. That parent is angry. Whether it is the Department in this instance, or the health boards in the past, there is an obvious delay and breakdown. Time is of the essence with regard to the provision of services as many Senators pointed out on Second and Committee Stages. With a view to focusing on the services required it is important that this amendment be included so those at the lower level can avail of that service.

The previous day the Minister of State mentioned the division of responsibility. A division of responsibility is a sure recipe for delay. If there are lines drawn and there is a crossover by the various Departments or services there will be delays and there will be no improvement in the delivery of the service. In those circumstances, despite this being good legislation and everybody welcoming it, the reality on the ground will not be improved. I have a letter from a principal in another school from which I will read one section. It might be more appropriate——

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