Catherine Murphy (Kildare North, Independent)
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Question 249: To ask the Minister for Education and Science if it is the standard procedure of her Department to inform litigants pursuing cases related to educational services that her Department will seek their costs to be reimbursed; if the pursuance of such costs is not the standard procedure of her Department; if consideration will be given to such action on a case-by-case basis; and if she will make a statement on the matter. [36225/05]

Catherine Murphy (Kildare North, Independent)
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Question 250: To ask the Minister for Education and Science if the State has, in the past, successfully sought and been awarded costs where litigation has been pursued with the aim of securing educational services for children; if so the instances in which this has occurred; and if she will make a statement on the matter. [36227/05]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 249 and 250 together.

The Deputy refers to litigation taken against the State in which my Department is a named party. While I cannot comment on any individual case, it should be understood that each set of proceedings is examined on a case by case basis. In litigation where the State believes it has fulfilled its constitutional and legal obligations to the plaintiff by making available appropriate educational provision and support services, it may be quite appropriate for the State to seek its costs. In such cases, it is obviously correct to put the plaintiff's legal advisors on notice of this intention.