Seanad debates

Wednesday, 28 February 2007

10:30 am

Photo of Joe O'TooleJoe O'Toole (Independent)

We debated at length in the House the Education for Persons with Special Educational Needs Bill and received all sorts of reassurances in respect thereof, especially concerning section 13 which deals with resources. During the course of the discussion, I and others said there was a shortage of therapists of every kind, including speech and language therapists, occupational therapists and physiotherapists. The subject was also discussed by at least two committees of the House and it was requested that the number of therapists be increased as it was feared there would not be enough.

In the past month I have addressed meetings on the Education for Persons with Special Educational Needs Act in three education centres around the country. At each meeting it was suggested that the system would collapse for want of therapists and psychologists. Senator Brian Hayes's point in this regard is correct. If action is not taken now, the legislation will collapse. The Act is a major cornerstone of Government policy on special educational needs and disability and was supported on all sides of the House. The therapists must therefore be made available. I recommend that the Leader read the report of the National Council for Special Education, published last month and available on the council's website. It indicates the importance of the points Senator Brian Hayes made.

The headline in this morning's newspaper concerns the Personal Injuries Assessment Board. I declare an interest in this regard as I am its vice chairperson. I reassure Members that the board is doing exactly what it was set up to do. The headline claims that 40% of personal injuries cases are being referred to the courts. The board was set up to deal with up to two thirds of such cases and there are always cases that necessarily proceed to court. The lawyers have frightened everyone into believing no case will go court. All that will ever happen is that the cases regarding which there is no dispute will be dealt with by the board.

As I pointed out when the relevant legislation was passing through the House, there is no confrontation or hearing involved, rather it is a question of a paper trail. For the process to work well, only two thirds of cases can be dealt with by the board. Of all the settlements that have been made, two thirds have been accepted by those concerned and, therefore, the system is working exactly as it is meant to.

A point was made in the paper this morning that the insurance companies are the big winners, in spite of the reduction in the price of premia and the lower legal costs. This may well be the case — I choose my words wisely — but the Personal Injuries Assessment Board has no control over this. It is a consumer and political issue and is being examined by the Joint Committee on Enterprise and Small Business. It must be considered very closely and is important. The committee has written to the insurance companies recently asking them to make specific information available to the board. This will be the next step in addressing the issue.

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