Mary Seery Kearney (Fine Gael) | Oireachtas source

The distinction is that the obligation is there and the "shall" is there all the way through, from day one, once this becomes law. The difference is that, prior to the section 37A process, there is discretion at school and patron level as to how it fulfils that obligation. It decides how it will meet the need for the places. Once the section 37A process is triggered, the school will be told how to do it. The section sets out the details in terms of the requirements of the report in respect of existing building projects, etc. It sets out exactly how it will be done.

It is a difference between a voluntary process whereby the school, of its own volition, decides it will use a particular room or deploy the assets of the school in a certain way and getting into a section 37A process involving a report being prepared, notice being given and a draft direction being issued, followed by a ministerial direction. In the latter case, how the response is manifest will be taken out of the hands of the board. That is the difference.

At all times, however, the obligation of "shall" is there and needs to be there. I have sat in a room with school boards and heard them put out every excuse under the sun for why they are not providing places for children with special needs. We need to move to a place where it is mandatory to do this and the board can comply with the mandatory obligation in its own way or in the way the Minister will issue. Those will be the choices.