Catherine Murphy (Kildare North, Independent)
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Question 251: To ask the Minister for Education and Science the parts of the Education for Persons with Special Educational Needs Act 2004 which have not yet been commenced; the reason they have not commenced; when these parts are intended to be commenced; and if she will make a statement on the matter. [36241/05]

Catherine Murphy (Kildare North, Independent)
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Question 253: To ask the Minister for Education and Science when each part of the Education for Persons with Special Educational Needs Act 2004 was commenced; and if she will make a statement on the matter. [36259/05]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 251 and 253 together.

The Education for Persons with Special Educational Needs Act 2004 was enacted in July 2004. Sections 1, 2, 14(1)(a), 14(1)(c), 14(2) to 14(4), inclusive, 19 to 37, inclusive, 40 to 44, inclusive, and 50 to 53, inclusive, of the Act were commenced on 14 July 2005. Separate establishment day orders were made in respect of the National Council for Special Education and the special education appeals board, setting their establishment dates as 1 October 2005 and 3 April 2006, respectively. A further commencement order was signed to commence sections 45 to 49 with effect from 1 October 2005, abolishing the council established under section 54 of the Education Act 1998 and replacing it with the council established under the 2004 Act. Those sections could not come into effect prior to the establishment of the new council under section 19 of the 2004 Act.

The remaining sections — 3 to 13, inclusive, 14(1)(b), 14(1)(e), 14(1)(f), 15 to 18, inclusive and 38, relate mainly to the statutory assessment and education plan process for which the Act provides. They cannot come into effect without the council having an opportunity to present an implementation report to the Minister, which it must do before 1 October 2006. The National Council for Special Education published a call for submissions on the implementation of the Act in the national media on 21 October 2005. The closing date for submissions is 13 January 2006. If the Deputy wishes to advise any interested groups on the suggested format in which submissions can be made, information in that regard is available from the council.