Catherine Murphy (Kildare North, Independent)
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Question 165: To ask the Tánaiste and Minister for Health and Children the number of unconcluded court actions before the courts in which her Department is participating regarding the provision of educational and support services to children with special needs. [12557/06]

Tim O'Malley (Limerick East, Progressive Democrats)
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The number of unconcluded court actions relating to the provision of educational and support services to children with special needs in which the Department of Health and Children is a defendant or respondent is approximately 80. The Deputy will be aware that the Department is not specifically named as a defendant in all cases regarding the provision of educational and support services to children with special needs, although it is involved in such cases due to its role in forming and developing policy on the provision of health care and support services. Under the Health Act 2004, which provided for the creation of the Health Service Executive on 1 January 2005, the HSE is responsible for managing and delivering, or arranging to be delivered on its behalf, health and personal social services. Therefore, the HSE is responsible for the provision of services to individuals. The HSE is named as a co-defendant in a number of cases.