Brendan Ryan (Labour)

I second the amendment.

Parents have always been slow to go the courts under Article 42 of the Constitution. The only body I know of which was caught under Article 42 was the Irish National Teachers' Organisation. In a certain strike it was found liable for substantial sums because it was suggested it had taken away children's constitutional rights.

Parents are reluctant to take this route and the fact that some parents of children with particularly severe and demanding needs went all the way to the Supreme Court was more of a commentary on the intensity of the gap in the service than on the tendencies of parents. It should not be a problem to insert clarity in the legislation about an issue which is clearly included already, namely the right of parents to use the courts to vindicate their rights and those of their children.