Rónán Mullen (Independent)

I thank the Minister for his response. However, it is by no means clear what the effects of the proposed provision will be. In his speech to the House on 25 January, the Minister did not clarify or give comfort as to what practical changes this would make for schools, both mainstream and special. He has assured us today that no services will no longer be delivered as a result of this change. However, this provision appears to present itself as restricting the Department of Education and Skills from providing support services which the HSE also provides. If it is duplication the Minister is worried about, let us draft an amendment which prevents duplication.

One of the problems with the provision is that it is not clear which services will come under it and how pupils and schools will be affected. It seems to be at odds with section 13 of the Education for Persons with Special Educational Needs Act 2004. If it is not amended, it will become a matter for the National Council for Special Education to make requests of the HSE under section 39(1) of the 2004 Act to assist with the implementation of particular individual education plans, IEPs, and the provision of services, namely, those which the Department will not provide, which are necessary for the implementation of the IEPs.

The problem is that section 39(3)(c) of the Education for Persons with Special Educational Needs Act allows for the HSE to refuse such a request where it does not have the resources to meet it. In other words, there is no positive obligation in any Act for the HSE to provide quasi-educational services to children. Most of the absolute requirements on the HSE to act in certain cases are set out in the Child Care Act and relate to children at risk of abuse or neglect. The HSE has difficulty discharging even its obligations under those sections. Given the current shortage of resources, facilitating a request from the National Council for Special Education could be a serious difficulty for the HSE.

Is the Department of Education and Skills abandoning this problem? This will leave us with a situation whereby the HSE may or may not live up to its responsibilities and the Department of Education and Skills can in the future, on the basis of this legislation, shrug its shoulders and say it is not its problem.