Dan Boyle (Green Party)

He gave the impression he would prefer to be elsewhere. He instigated the idea of multi-annual funding, particularly in respect of those with an intellectual disability. Deputy Cowen's having held the health portfolio will help in shaping future Government policy in this area. We can only hope that is the case.

I agree with the sentiments of Senators on the parents of autistic children having to take court cases. I have made the same point in this Chamber. Unfortunately, all political parties in our system need to acknowledge a failing in this regard. The first court case of which I am aware to test the constitutional provision on the right to education preceded the Sinnott case. It involved a Cork mother, Marie O'Donoghue, who sought proper access to education for her autistic son Paul. This case led to the narrow judgment that our constitutional provision on education only entitles our citizens to basic primary education. As we seek to improve legislation, perhaps we need to improve the constitutional provision. Many of us in public life accept that education is not just about a basic grounding in three R's or basic life skills and that it is a life process itself. Until we recognise that it is ongoing and should be available to all citizens to the highest possible standard, we will be running behind.

I mention the O'Donoghue case because it went all the way to the Supreme Court, as unfortunately have many subsequent cases, including the Sinnott case and the Ó Cuanacháin case, which has been in the court quite recently. The first case occurred when the then Minister for Education was a Labour Party Minister in a Fine Gael-Labour Party Government. The principle of forcing parents to go to court to access the education system reflects badly on a number of Governments in recent years and all the parties that constituted them. I hope we can bring the practice to an end fairly soon.

On the wider aspects of meeting special educational needs, I acknowledge many of the statistics quoted by the Minister of State. It is true that a certain number of respite beds are in existence and a certain number of staff have been employed. If we are to have ongoing reform of the health service, direct responsibility for, and the funding of, services for people with disabilities should probably not lie with the Health Service Executive.

I had a meeting on homelessness today and noted significant questions must be asked on whether HSE funding in this area is influenced disproportionately by decisions the executive must make on supporting the hospital-based health service. If we are to have a proper review of the health system, money directed towards social inclusion, tackling homeless and meeting special educational needs, which do not fall within the remit of Departments such as the Department of Education and Science and the Department of the Environment, Heritage and Local Government, should not be allocated by the HSE. What is happening is that the areas in question are not prioritised in the wider debate on health spending and are not being protected as a result. This results in diseconomies in terms of social policy.

I hope part of the review process that will see the full implementation of the Education for Persons with Special Educational Needs Act will address these inconsistencies. It would be unfair if the Bill were implemented fully while obstacles existed in respect of wider funding practices, thereby resulting in unnecessary funding anomalies for those who should be accessing services which we all acknowledge are not what they should be.

I am a member of a party that is part of a coalition Government and our belief is that participation in this Government will bring about the changes deemed necessary. Consequently I support the amendment and reject the Private Members' motion. I hope there is a way for us all to consider the wider sentiments in the original motion and the Government's amendment, which acknowledges the efforts made by it to ensure the ongoing problems regarding education for people with special needs can be dealt with and the deadline of October 2010 can be met.