Frank Fahey (Galway West, Fianna Fail)

If amendment No. 40 is accepted, a person will be able to seek a court enforcement order, without having prior recourse to the complaints or appeals processes, if the executive or the head of the relevant education service provider fails to implement a service statement. Such a person could bypass the complaints procedures provided for in sections 14 and 15 and the appeals procedures outlined in section 18. I do not propose to accept the amendment. Applicants do not have to exhaust the entire redress process before seeking an enforcement order. Such an order may be sought in respect of any recommendation of a complaints officer that has not been made subject to the appeal. It would not make sense to allow people to bypass the complaints and appeals mechanisms. It will be possible for issues to be resolved in the first instance, for example by way of informal resolution on the part of the complaints officer.