Catherine Murphy (Kildare North, Independent)
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Question 419: To ask the Minister for Education and Science if she has formally requested that support therapies be provided to a person (details supplied) in County Kildare under section 40 of the Education for Persons with Special Educational Needs Act 2004; and if she will make a statement on the matter. [40101/05]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Deputy refers to litigation taken against the State in which the Department is a named party. While I cannot comment on any individual case, I can confirm that the Department has written to the Health Service Executive requesting the provision of appropriate therapeutic and support services to the unit for pupils with autism in the second level school in question.

Section 7 of the Education Act 1998 confers a function on the Minister for Education and Science to ensure that appropriate education and support services are provided to children, including children with special educational needs. The State delivers therapies through the Health Services Executive, HSE, which is funded by the Oireachtas to provide such services. This is made clear by sections 7(5) and (6) of the Education Act 1998 as amended by the Education for Persons with Special Educational Needs Act 2004 and the Health Act 2004. These provisions state that, following consultation with the Minister for Health and Children, the Minister for Education and Science can call on the HSE to assist her in providing, planning and co-ordinating support services, and the HSE is obliged to comply with this request. These provisions took effect on 14 July 2005.