Dáil Éireann debate -
Thursday, 29 Mar 2001

Vol. 533 No. 5

Written Answers. - Special Educational Needs.

Trevor Sargent

Question:

140 Mr. Sargent asked the Minister for Education and Science the way in which he proposes to respond to the outrage among many members of the public at the failure by Government to provide the necessary educational supports for Jamie Sinnott and others in need of similar care in society; and if he will radically overhaul the attitude and resources in his Department to remove the necessity for families to take the Government to court to secure basic educational and health facilities. [9336/01]

Minister for Education and Science (Dr. Woods)

The Deputy will appreciate that I am constrained in commenting specifically on the case to which he refers due to the fact that the appeal in this matter has now opened in the Supreme Court. The court is the most appropriate forum where the legal and constitutional matters at issue can now be discussed and determined. However, I point out that the appeal will not affect damages that have already been paid to Jamie Sinnott. Irrespective of the appeal, there is no question of these damages being refunded. Fifteen thousand pounds in special damages have also been paid to Mrs. Sinnott and will not be affected by the appeal.

There has been some misunderstanding and even misrepresentation of the Government's position on this appeal. In particular, the impression has been created that the Government wants to overturn the High Court ruling which relates to the constitutional rights of chil dren to a primary education, whatever their level of disability. Nothing could be further from the truth. I assure the Deputy that I fully accept my constitutional duty, on behalf of the State, in this regard.

I assure the Deputy that I regard it as unacceptable that any parent, particularly a parent of a child with special needs, should find it necessary to resort to litigation to secure the child's educational entitlements. While this Government has presided over an unprecedented level of improvement in special education services, I am fully aware that much work remains to be done. In addition to developing the most appropriate models of response to the variety of special needs that can arise, there is also a need to develop a more effective and efficient system for responding to those needs when and where they arise.

A key development in this regard is the recent report of the planning group established in my Department to make recommendations on the arrangements that should be put in place to ensure the most effective provision of a high-quality co-ordinated services at all stages of the education system for students with disabilities.

I am satisfied that the recommendations brought forward by the planning group provide a valuable blueprint for the development of an efficient and effective special education service which will remove the need for parents to have to resort to litigation to secure their entitlements. It is my intention to seek Government approval to proceed with these measures at an early date.