Rónán Mullen (Independent)

I will not take up too much time because we have already had this debate. Although it seems to be very stark and the reverse of joined up thinking I accept the Minister's bona fides in this matter and I believe in the need for good administration. However,it looks too much like the Department of Education and Skills washing its hands of responsibility. Sometimes one must keep a hand in, even when one does not have power, so one can have one's nagging rights. I completely understand and respect the Minister's commitment to using his nagging rights at the Cabinet table. I have listened very carefully to him and I know he is a thoughtful man. However, there is something deficient in this approach.

Section 5 states, "Section 7 of the Act of 1998 is amended by repealing subsections (5) and (6) (inserted by section 40 of the Education for Persons with Special Educational Needs Act 2004)." Section 40 (5) of the Education for Persons with Special Educational Needs Act states, "In carrying out his or her functions in respect of the provision, planning and co-ordination of support services, the Minister may, following consultation with the Minister for Health and Children, request the assistance of a relevant health board" and section 40(6) of that Act states, "A health board of which a request under subsection (5) is made shall comply with the request".

This is power of some type for the Department of Education and Skills, and this power - or responsibility more to the point - is being lost. The Minister previously referred to the effect of this section as being a technical amendment. I do not consider it technical. The Minister will no longer have the function of requesting the assistance of the relevant health board in respect of planning, provision and co-ordination of social services. The bottom line will be that nobody will be compelled to offer the vital support services should the HSE decline to do so. I cannot see how this is good news.