Enda Kenny (Mayo, Fine Gael)
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Question 310: To ask the Minister for Education and Science when she will begin implementing the Education for Persons with Special Education Needs Act 2004; if she will provide a timeframe for the full implementation of this Act; and if she will make a statement on the matter. [35787/07]

Enda Kenny (Mayo, Fine Gael)
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Question 311: To ask the Minister for Education and Science if she has received an implementation plan from the National Council for Special Education; if so, if she will provide details of such a plan with reference to the Education for Persons with Special Education Needs Act 2004; and if she will make a statement on the matter. [35788/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 310 and 311 together.

The National Council for Special Education was required by the Education for Persons with Special Educational Needs (EPSEN) Act 2004 to make a report on the implementation of the Act. This report is essentially advice to the Minister on the steps the Council considers should be taken to implement the Act. The report sets out an action plan, where the Council envisages implementation of the provisions of the Act over a four year period. However, the Council report also acknowledged that further work, analysis and discussion, especially with the key stakeholders involved, needed to take place given the extensive and fundamental developments required to implement the Act. The Council further acknowledged that it would not be appropriate for it to be prescriptive nor definitive in many areas, and it has put forward its views and recommendations in order to stimulate the necessary discussions and debate.

As the Deputy will know, the legislature in passing the Act, also recognised that implementation would require a considerable change agenda, to develop and support inclusive schools to deliver on the provisions of the Act. For this reason, the EPSEN Act, 2004 specifically refers to a five year implementation period. I would like to inform the Deputy that I do accept the core thrust of the principles and recommendations set out by the Council in its Implementation Report, and I am anxious to implement the Act in full in the quickest time possible. However, following consideration of the issues raised in the Council's implementation plan, and the consultations to date with the Education Partners, I consider that the five year timeframe acknowledged in the legislation is the appropriate period in which to implement the provisions of the Act.

A number of sections of the Act have been commenced, principally those establishing the National Council for Special Education and those promoting an inclusive approach to the education of children with special needs. Specifically, the following sections have been commenced — 1, 2, 14(1)(a), 14(1)(c), 14(2) to 14(4), 19 to 37, 40 to 53.

The remaining sections have not yet been commenced. As the EPSEN Act does not provide for phased commencement by age cohort the education sector must be in a position to provide the required services to all children before the relevant provisions are commenced. My Department's priority, therefore, has been to put in place the resources required for children with special educational needs, and to ensure that the necessary supports are in place to facilitate the commencement of the remaining sections of the Act. As I indicated in the Dáil last week it is my intention to implement the remaining sections of the Act within the five year timeframe as outlined in the legislation by October 2010.