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

I have already answered that. I stated earlier to the Senator that I am not proposing that a patron should have to dissolve a board only in circumstances where it does not comply with the section 37A order. Other than that, there is no need to do it. I also reiterate that co-operation, by its very nature, is not 100% binding. We are adding new functions to comply. It is important to note the opportunity in the Bill not just to streamline section 37A but also to make the existing legal provisions more child-centred. That is the real focus of these new functions. I do not think I can put it any further than what I have already said. I have stated that the two-step approach is reflected in the Bill. Sections 3 and 5 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 to open new special classes generally.It happens anyway that schools will co-operate. The majority of the 2,500 special classes the Senator mentioned earlier are through co-operation with the NCSE. I would not anticipate that many schools would not collaborate to the best of their ability, particularly with the spotlight that special education is under, when they are approached by the NCSE to open a special class. If they need the support there are supports in place from the Department and NCSE, the SNAs and everything that is needed. The Senator mentioned the €6,500 grant. Other grants are available for them to open special classes. They will be assisted in any way possible.

However, there is a minority of schools that do not comply where there are not legitimate reasons for them not to do so. In those particular circumstances, I will issue a section 37A notice and compel them to comply. I hope I do not have to do that. It is only the third time we have had to use the section 37A process since it was introduced in the first instance. We are simply adding these functions in to copper-fasten what is already there. I thank the patrons that have co-operated. Many patrons, boards of management and schools do co-operate but there are the few that do not. As most Senators will know, we meet families on a daily basis who just cannot understand why they cannot get a place for their child. We have no option but to bring this legislation. It is their right. I know the Senator agrees with that. We have to do everything in our power to provide that education to them. That is why we are bringing this legislation forward.