Malcolm Byrne (Fianna Fail) | Oireachtas source

I second Senator O'Loughlin's proposed amendment to the Order of Business.

I agree with the comments by Senators Hoey and Ruane on the importance of language and how we all have a responsibility to welcome refugees and asylum seekers to this country and challenge those who spread misinformation and untruths.

I equally commend the contribution of Senator Buttimer highlighting the tragic events in Colorado and pointing out, once again, the disgrace that was the decision by FIFA to award the hosting of the World Cup to Qatar.

I raise the statement in the High Court yesterday by Mr. Justice Meenan in which he referred to the "dramatic increase" in the number of actions against the HSE regarding the assessment of children with special needs. He said seven new applications are coming before the High Court each week involving parents who have to fight for their children in that situation. As legislators, I believe we have done a good job in this area in many ways. We passed the Disability Act. We have a very good disability committee, an excellent autism committee and an indefatigable Minister of State with responsibility for disability services, Deputy Rabbitte. There is unity in the House on this issue. We have heard people talk about what we can do for those with disabilities and learning difficulties. However, what really frustrates me and drives me mad is that family after family must resort to the courts to secure their rights. Almost inevitably, we see the same thing happen when those cases end up before the courts.In almost every single case, the parents have been dragged through the legal process. The courts will say the legislation, particularly under the Disability Act 2005, is very clear that the State has an obligation to provide for these children. However, this should not just be because it says it legislatively but because it is the right thing to do. I am tired of engaging with families and with people I know and care about who are having to fight their case all the time.

It is not just the HSE in these cases. We are also talking about agencies such as the Department of Education. I still recall when Andrew Geary had to fight for his deaf son, Calum. Again, they were dragged to the steps of the High Court before the Department of Education finally settled. I know Senator Boyhan referred to this with regard to those who are deaf but we need a broader debate. It is no good us talking in this House about our legislative provision for those with a disability and special needs and about the work we do as politicians if, in the first instance, the approach of the HSE and the Department of Education, any time there is a challenge, is to lawyer up. This has to be a debate around the culture that exists within the State. When it comes to somebody with a disability, why are we not looking in the first instance at how we can provide the necessary supports at a local level? We talk about speech and language therapy and everything else, and it is quite often far cheaper to intervene at an earlier stage. There is a crucial Supreme Court decision coming up in this area which will uphold this, but we need a debate in this House and within broader society as to why it is, when we have made legislative provision very clearly and want to support these families, the State continues to drag them kicking and screaming to the doors of the High Court.