Margaret Cox (Fianna Fail)

When Senator Ulick Burke tabled this amendment on Committee Stage, I said I did not agree with the piling on of additional layers to deal with issues. I am still of the same opinion. As the Minister said when dealing with the amendment on Committee Stage, the council will have quite detailed powers to deal with the necessary co-ordination, which I accept. However, the real challenge involves my greatest fear about the legislation's most significant flaw, which is its definition of a child as someone under 18 years of age. I have had detailed discussions with the Minister and, at this point, will accept his assurances that the issue of the age of a child will be addressed in the forthcoming disability Bill which will continue the right to education through this legislation. The council will have the job of ensuring health boards deliver on the promises made to children in education plans whether they are 18, 19 or 20 years of age. If a child is still going through the process of education at second level, he or she will be entitled by right to the education he or she deserves.

The issue of joint roles for health boards and the Department of Education and Science gives rise to real and valid concerns. We have seen on a daily basis that children in mainstream education are not receiving the services of speech therapists, occupational therapists and physiotherapists from health boards because health resources are under such budgetary strain. I hope money will be provided through the disability Bill, whatever form it takes, and that resources will be made available as required to deliver a mix of education and health services. Hopefully, the council rather than an additional body will deal with the co-ordination of services.

The challenge is for the Department of Education and Science to deliver. It has done a very fine job to date. Anybody who has noticed over the past eight or nine years the change in education for children with special needs will recognise the great work which has been done. I acknowledged as much on the previous occasions on which I have spoken to this legislation. Children with special needs are children for longer which is why they are special. If we fail to recognise that by providing for them, we are not giving them what they deserve and are entitled to as citizens. While I do not agree with Senator Ulick Burke that there is a need to make his amendment, I remind the Minister of State and the officials who are here from the Department that the real challenge will be for the council to do its job to ensure co-ordination. The council must ensure that the education plans are followed whether a child passes 18 or not. There must be no discontinuity of service and parents must not be forced to run from Billy to Jack to secure a continued right to education and the services being delivered for their child.