Josepha Madigan (Dublin Rathdown, Fine Gael) | Oireachtas source

It is interesting to hear the different contributions. I thank Senator Mullen for his contribution and I will deal with it momentarily. I thank Senators Dolan, Seery Kearney and Carrigy for their contributions also.

I should be clear that this is a two-step process. Co-operation, by its nature, is not 100% binding. Most people would be aware that the vast majority of schools co-operate, through the patrons mentioned by the Senator, and open special classes. As Senator Carrigy pointed out, not all do, and in those particular circumstances we have no option but to issue a section 37A notice.

I am proud of today's legislation but it is bittersweet because we should not have to bring the legislation before the Houses. I hope we reach a point where every school in Ireland will have special classes. I announced earlier that we will have 15 additional special classes opening next September, and it was agreed in the past number of weeks that they would open.

On the Senator's amendment, this Bill provides additional functions to be assigned to school patrons, schools and boards of management to co-operate with the NCSE when approached by the council to provide additional special classes, as I said. I know one school management authority, the Catholic Primary Schools Management Association, contacted the Department and have had discussions with it around some concerns, which really echo what Senator Mullen has said in this Chamber. There is a misperception that in some way the Department, the NCSE or I could bypass section 37A provisions when compelling schools to open special classes. That is not the intention of the provision; it is and will continue to be a two-step process.

In accordance with the new function being placed on school patrons, schools and boards of management, the NCSE will continue to work and engage with schools to open special classes in line with their functions under the Education Act. As I said, the vast majority of schools co-operate with the NCSE in this way. For those schools that do not co-operate, the section 37A process will be considered and used where necessary. The two-step approach is reflected in the Bill in sections 3 and 5, which provide for a school patron and board to comply with any direction under section 37A as a separate and distinct function from their new obligation to co-operate with the NCSE in opening new special classes in general.

As I said, the Department has been engaging with that school management authority on the matter to allay its concerns. On our previous occasion discussing special education in the context of this Bill, I indicated there has been close consultation and engagement with the Office of the Attorney General. The concerns raised by the Senator do not arise and it is right and proper that we should be adding these functions, so I cannot accept his amendment.

The Bill is not proposing that a patron would have to consider dissolving a board, as the Senator mentioned, other than where a board fails to comply with the section 37A direction. There is no need for that to occur when there is a request to co-operate with the NCSE.