Jerry Buttimer (Fine Gael)
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I welcome the Minister of State, Deputy Richmond. The second Commencement matter is in the name of Senator Tom Clonan, who has four minutes.

Tom Clonan (Independent)
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I thank the Minister of State, Deputy Richmond, for coming in, in place of the Minister for Further and Higher Education, Research, Innovation and Science. My Commencement matter seeks a statement on the uniformity of supports for students at third level who have additional needs and disabled students, with particular regard to the National College of Art and Design, NCAD. I am raising this as a Commencement matter but I have raised it on the Order of Business. This is a matter that has been covered both by the national broadcaster and by the print media. It is an appalling and sinister case involving a talented student who was given a place on merit at NCAD and who was then subsequently failed by NCAD. The student did not fail per se, but was failed by the manner in which NCAD did not provide the supports that were necessary for her to succeed on her third level journey. This is a most egregious case. The student's mum is here today. It has caused that family a great deal of upset and trauma. I have done a lot of investigation into this matter. I will quote some of the comments from people who were involved in the case. They said that "this student was treated in a manner that I would imagine would have happened 60 years ago" and that "there was something about this student's disability that marked her out".

NCAD has a diverse student profile and the teaching staff there have in the past and currently supported students with additional needs. However, I refer to the quote, "There was something about this student's disability". I do not want to identify her but her disability was a very visible one. On that basis, it provoked very hostile "discriminatory behaviour from a university, from management." This hostile behaviour and hostile scrutiny took many forms. To begin with, she was not allowed to choose the student personal assistant. I have a son with additional needs in third level and it is a collaborative process. The funding is provided through the HEA to the college, not to the college, but to support the student. The student should have a role in selecting and choosing the person he or she works well with, in a collaborative way. I was also shocked that there were several instances in this case where management queried the bona fides of the student and queried whether the work submitted in portfolio was actually hers.

On a very important document, the profile of needs assessment or a statement of needs, a signature was forged, not by using the Adobe signature tool or by being personally signed by the student but simply her name entered as you would type it in a Word document, without her knowledge or consent. Then this sensitive document was shared, despite the GDPR rights and concerns of the individual, with wider management. People have resigned from the board of NCAD over this. The Minister has been written to but has not responded. He has not come here today. There was no action or response on the basis of it being raised by me on the Order of Business when, again, the student's family was here.

We are accountable to the people but we must also hold powerful institutions to account. A university is supposed to be a place of learning and love that wraps itself around all students. While it is not in loco parentis, it has a pastoral duty of care.I really impress upon the Minister of State, who is a person of the utmost integrity, that he communicate to his colleague, the Minister, that he must take action on this. I will address shortly the manner in which he might do that.

Neale Richmond (Dublin Rathdown, Fine Gael)
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I sincerely thank Senator Clonan for raising this case again on the floor of the Seanad and for the comprehensive way in which he has put this across, which is testament to his continuing personal, professional and political work on this issue over many years. We are all truly grateful for that.

As for the wider issue, as the Senator knows, inclusion is a key aim of the Department of further and higher education and skills and equity inclusion are a key part of our aspirations. The Senator raised a particular case and he will understand the process of this House. It is right, however, to provide those families with that understanding of how these things work. A debate on the Order of Business requires a debate on a particular, wider topic and a direct response from the Minister is not necessarily provided, other than agreement to come to the House to make a statement. Perhaps that will still be followed up on. In taking a Commencement matter, my role is to address the more abstract, wider issue at hand. Therefore, my ability to go into the specifics of a case or particular higher institution is limited. The Senator will understand the reason that, irrespective of which Minister takes this Commencement matter, our hands are somewhat tied in that regard.

I do not want to read out the stock answer and tell the Senator how much we have increased funding and how many more people with disabilities are accessing third level education because that would be insulting, not just to Senator Clonan but to the people on whose behalf he is raising this issue. I will communicate to the Minister the need for a response but it is important, in seeking that response, that we are realistic about what exactly that response can do or what it will lead to. As the Senator knows, ultimately, this is an internal matter for the higher education institution in question. I could speak at length about uniformity of access because I have a ten-page response here. I could speak about the aims and aspirations of the Government in ensuring uniformity of access but it would not be specific to this case or institution. The issues the Senator has raised, which are in the public domain, have been raised previously by the Senator and by the national broadcaster and other broadcasters. They require the attention of the institution in question, the Higher Education Authority or the Ombudsman. We need to exhaust all three of those avenues. The Minister will not be able to make the level of direct intervention that all of us wish he could and there are very good reasons for that, as I think Senator Clonan will accept.

I wish to accept the Senator's offer, in rebuttal, to discuss his plan as to where this can be taken forward. I am more than happy to ensure a direct reply is provided to him and the family on whose behalf he is speaking. I will also seek a deputation meeting with the relevant line Minister and officials to see what exactly can be done from a ministerial and departmental point of view. That is the next relevant step. I have to be frank, however. This is a process that will run in parallel with the internal reviews and the institution to which the Senator is referring will have direct responses to each issue raised.

Tom Clonan (Independent)
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I thank the Minister of State for the manner in which he addressed the concerns I raised. I will quote a letter sent from the Minister in relation to this matter, which echoes the concerns the Minister of State draws. He stated:

As you may be aware, higher education institutions are autonomous bodies and I am, therefore, not in a position to intervene on matters pertaining to individual students or relating to academic or assessment matters.

It behoves the Minister and us, as public representatives, to show moral leadership. While not commenting on an individual case per se, there should be an opportunity for the Minister to invite in the senior leadership team of NCAD to discuss this because it has been rehearsed in the public domain. It is on the public record and in the newspapers. It goes to the heart of fundamental principles about the status of disabled citizens in Ireland. Unfortunately, Ireland has a poor record on the fundamental human rights of disabled citizens. This is a matter of fundamental ethical principle. Notwithstanding the constraints around the specifics, there are general principles of huge ethical concern and great moral compulsion here. The Minister should invite in the NCAD. The Minister of State suggested having a deputation meeting, if that were possible. I ask him to communicate to the Minister that I would certainly be happy to participate in any such meeting.Notwithstanding the very adversarial response from NCAD on this issue, it has indicated that it would be prepared to speak to me about it and perhaps that might be a way of addressing some of these concerns. It is a really egregious and sad situation.

To end on a positive note, this very talented student has secured a place at the Technological University of Dublin, TUD. I am hoping, and am satisfied that with the support of her family and of TUD, that she will succeed where she was failed by NCAD.

Neale Richmond (Dublin Rathdown, Fine Gael)
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I join the Senator in that hope, genuinely, and I have no doubt that the individual will be successful. The Senator has highlighted the constraints and while I understand and completely empathise with the point he makes, it is important for me to address the wider context and to say why those constraints are there. While it may be maddeningly frustrating and appear to be, quite frankly, wrong in this individual case, the Government has to approach this from the perspective of every single case and not just those cases involving people with disabilities. Not every case is the same and there are reasons the Minister does not intervene directly. We have to bear that in mind and the importance of that. When I spoke about a deputation or meeting, I was referring to one involving the Senator as a representative and the individual concerned with the Minister, as opposed to bringing an individual higher education institution into that process. The Senator mentioned that the NCAD might be prepared to meet him. That would be a parallel process and would be a good idea.

As I said, I will communicate with the Minister. It is a tricky case that is very individual and very specific. Ultimately, all of us want to work to get the right resolution here and I am more than happy to play my small part in that.