Rónán Mullen (Independent) | Oireachtas source

I thank the Minister of State for her reply. I am very clear about her intentions, which seem very sensible. What I am less clear on is whether the legislation as drafted or presented to us entirely expresses her clearly stated meaning in line with what she has just said. I note the Minister of State said co-operation is not ever 100% binding. She is making it clear to me that whatever way this is interpreted, there is no non-compliance save non-compliance with the section 37A process. She is saying the patron shall co-operate and shall ensure co-operation with the NCSE by the provision and operation of the special class or classes when requested to do so by the council. The Minister of State is clearly talking about something other than the end of a section 37A process, because that is initiated by the Minister. At least the notice and later directions are initiated in this way.

The Minister of State is saying the patron shall ensure co-operation by the board by the provision and operation of a special class or classes when requested to do so by the council. A patron might want to do it or a board might want to do it but for all sorts of reasons, it might not be possible or happening. It make take a section 37A order and that is why the provision is there. If the patron is required by law to ensure co-operation by the board by the provision and operation of a special class or classes on request from the council, how is the patron to ensure such co-operation?