Rónán Mullen (Independent) | Oireachtas source

I welcome the Minister of State. The fear is that if there is a failure to ensure adequate resources are made available to schools opening special classes, and if there are not proper supports, including supports from the HSE such as occupational therapy and speech and language supports, as well as psychological supports from the National Educational Psychological Service, NEPS, the legislation could be seen as a box-ticking exercise. Worse, it could be seen as an attempt to place blame or to be seen to be doing something by blaming others but not putting the resources in place. There cannot be unwillingness in the Department to provide funding for the required capital investment in classes. Children in this situation are sometimes placed in prefabs and left there for a decade. The provision of sensory rooms and sensory gardens is best practice.

My concern is one that has been raised with the Department, namely, that there is a defect in section 3 of the Bill. The Minister of State is seeking to amend section 8 of the 1998 Act by inserting a requirement that the patron shall co-operate and ensure co-operation from the board of the school with the NCSE and the performance of the council of its functions. In other words, a requirement to co-operate on the provision of education to children with special needs, particularly through the provision and operation of a special class or classes when requested. The Minister already has the power provided in section 37A of the Education Act 1998, as amended by the Education (Admission to Schools) Act, to put in a process that requires the co-operation of patrons and boards of management. On the face of it, the Bill seems to nullify all of this by simply requiring that at the whim of the NCSE, things have to happen. This looks like bad legislation.

I understand that some of the patrons have been in touch with the civil servants, who have said it is not the intention of the Bill to nullify the existing legislation. It looks like a shortcut that will cause confusion when it comes to be interpreted, perhaps in years to come. Are we looking at the same old situation with the guillotining of legislation that is being rushed through this week whereby we will end up with problems? This approach to legislation does not respect democracy or the people whom democracy is supposed to serve. I would be very grateful if the Minister of State would address in particular the concerns I am raising about whether the proposed section 3 will cause confusion when there is an existing process set out in legislation that requires the co-operation of patrons and boards of management in the provision of necessary facilities for children with special needs.