Margaret Cox (Fianna Fail)

This is one of the great days in the life of a Legislature which passes ground-breaking legislation. We may be sorry that this has been slow in coming but it is a huge step forward in addressing the education of children with special needs. I speak in recognition of the €3.2 billion being spent on disability per year. The Bill provides a framework of rights for children with special needs and I know the Minister and Ministers of State who have attended the debate are convinced that the issues I and others raised in section 1, the age of children with special needs, are dealt with adequately in the Bill and that any special areas will be dealt with adequately in future legislation. I refer particularly to the area of disability.

I do not wish to criticise the Minister. As the Minister of State, Deputy Brian Lenihan, said, the Minister, Deputy Dempsey, was first off the blocks in providing this legislation.

However, while I accept his recommendations and assurances, I am greatly disappointed that it was not possible for him to address the age issue in this legislation. He could have done so. The Bill should have recognised the difference between children with special needs and children who do not have such needs in an age timeframe. The Supreme Court has ruled that every child under 18 has a constitutional right to receive an education. The Bill gave us an opportunity to provide greater rights, within a statutory framework, to deal with children who have reached 18 in terms of their chronological age but not in terms of their educational requirements.

This is a good Bill and represents a job well done. My only disappointment is that the age issue has not been tackled. I challenge the Minister for Justice, Equality and Law Reform and the Minister for Finance to deliver what is required in the disabilities Bill, which has not yet been published. Following one of the most positive debates on disability that I have heard since becoming a Senator in 1997, the message from all sides of the House is clear. The challenge is for those Ministers to ensure that the rights of children with special needs will continue to be guaranteed — with no break in continuity and no need to go to court or an appeals board — through second level education. We must enshrine their entitlements as we move forward to deal with other legislation, including the disabilities Bill.

I thank the departmental officials and the various Ministers for the courtesy they have shown to me in recent weeks. While I am not fully convinced, I will bow to their greater knowledge and judgment. I hope I will be proved wrong and that my fears will be groundless.