Richard Bruton (Dublin Bay North, Fine Gael) | Oireachtas source

I accept what Senator Ruane is saying in respect of amendment No. 11. Maybe I can come back with an alternative wording on Report Stage when we have washed it through the Attorney General's office in order that we meet her intention in a way that is consistent with the rest of the Bill.

The reason I am not disposed to accept amendment No. 10 is the same as the one we discussed on amendment No. 5, that is, it curtails the range of decisions that could be made in the section 29 appeal after a favourable finding was made. I will ensure that in the procedures, it is absolutely clear how the choice should be made.

On amendment No. 7, we already have procedures in place for the hearing of these appeals and an applicant is given every opportunity to set out the grounds of their appeal at the beginning of the oral hearing. They are also provided with an opportunity to put questions to the representative from the school at the hearing. I intend that new procedures will be developed for hearings and for determining appeals that will allow applicants give a full account of the grounds of their appeal and to ensure they are conducted with the minimum of formality in order that all parties can get their hearing. I do not believe that the amendment is necessary where it refers to such other matters as the applicant considers relevant. The procedures now allow an applicant full range to set out whatever reasons there are. The subsection the Senator is amending also indicates that the National Council for Special Education, NCSE, or the educational welfare officer can come forward and make submissions in support of the student. That is why that is listed there.It is also important to bear in mind that the whole tenor of this section is that the hearing will be fair to all sides. It is explicitly listed that the hearing has to consider the explanation offered by the student, the educational interests of the student and the reasonableness of the activity of the school in accommodating that student, given his or her needs. Amendment No. 7 is not necessary for the purposes of the Bill. As I said, I will be developing procedures and I will have consultations with all the relevant partners to ensure everyone involved will have a fair hearing in those procedures. The intention of this section is to ensure that hearings are fair and to encourage children to stay in school. That is what we are trying to achieve and that is its purpose. I accept the spirit of Senator Ruane's amendment No. 11 and I will come back on Report Stage with text to reflect that.