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

The amendments are not properly drafted. This section is saying a school shall admit each student seeking admission and it lists exceptions which allows a school not to admit a student. As I read the Senator's amendment, it provides for an exception to not admit terminally-ill children. This particular section provides that a school shall admit each student save for a number of exceptions such as the school being oversubscribed or a parent not signing up to the code of behaviour. This amendment appears to allow a school not to have to admit a student who is terminally ill even if the school has available places. It is probable that the amendment has been drafted incorrectly and inserted into the incorrect subsection.

The substantive argument is that in the Bill I am providing both the NCSE and the education and welfare service or Tusla with a power to designate a school that should accept a child who may be terminally ill or who may need a placement because of he or she is in foster care. I have provided in the Bill the power for the NCSE or Tusla, as appropriate, to decide the needs of a child are such they will designate a school that should take the child. The legislation already provides for the power to place a child in a school overriding other admission considerations.

The way in which the amendments are drafted means they would be perverse in their operation. I think the Senator may have listed them in the wrong section because this section contains exclusions. The Bill, as drafted, is designed to cater for people who would present with particular needs and to provide that the NSCE or Tusla, as appropriate, would have those powers. Where those powers are exercised, in the case of NCSE the power would also come with the NCSE ensuring provision would be made for the child in terms of resource teaching or special needs support or whatever was required. The Senator's amendments are unnecessary.