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Dáil Éireann debate -
Wednesday, 14 May 2003

Vol. 566 No. 4

Written Answers. - Services for People with Disabilities.

Dan Neville

Question:

191 Mr. Neville asked the Minister for Education and Science the legal costs to the State in defending court claims in cases of claims regarding services for people with disabilities. [13083/03]

Very significant additional resources have been provided for the education of children who have special educational needs arising from disabilities. I acknowledge, however, that there was an historic deficit in funding such education resources and further progress is needed in the special education system before we can be satisfied that every child has access to the kind of education resources he or she needs and is entitled to.

I am committed to making that progress. I also acknowledge that because of resourcing and organisational issues there are parents who feel it necessary in the interests of their child to seek redress in the courts. That is their right. My Department responds to cases brought against the State, as it is obliged to do, and most are settled on agreed terms without a court hearing.

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.
My Department meets the legal costs of plaintiffs where there is a settlement or an order for costs against the State. In the past five years the following amounts have been expended for these purposes from the funds voted for special needs education:

1998

£40,300

1999

£179,726

2000

£198,775

2001

£2,245,917

2002

€4,034,778

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