James Reilly (Dublin North, Fine Gael)
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Question 765: To ask the Minister for Education and Science the amount her Department has spent in the years 2004 to 2007 and to date in 2008 defending legal actions taken by parents of autistic children and other similar actions looking for services for their children; and if she will make a statement on the matter. [11806/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Legal costs incurred by the State, in defending those cases which are brought to court, are not met directly by my Department. In accordance with financial procedures in cases involving damages or compensation against the State, costs are generally charged to the Chief State Solicitor's Office Vote as sanctioned by the Attorney General. With reference to the costs incurred by my Department between 2004 and 2007 and in 2008 to date, which are payment of legal costs of solicitors acting on behalf of children with special educational needs, these are as follows:

It is not possible to determine outstanding legal fees as these are provided to my Department once agreed by the Office of the Chief State Solicitor.

The Deputy will be aware of my position on the issues of litigation in special educational needs and assuming that this is the category referred to, the Deputy can be assured that neither I nor my Department take lightly any decision to defend cases concerning children with special educational needs. I should emphasise that my Department does not initiate any such proceedings and cases are generally only litigated where no potential settlement is acceptable to both sides and the Government's authority to decide issues of policy is in question. The State has an obligation under the Constitution to provide for primary education. In the context of children with special educational needs, that education must be appropriate to their requirements. The State decides on an appropriate form of provision, having regard to the advice available to it from relevant experts in the National Educational Psychological Service, the National Council for Curriculum and Assessment, the Inspectorate and independent experts. The Department is not complacent in dealing with these cases and attempts, wherever possible, to reduce the potential for litigation and the levels of legal costs where they arise.