Dáil Éireann debate -
Wednesday, 30 Jan 2008

Vol. 645 No. 1

Adjournment Debate.

Hospital Services.

Deputy Seymour Crawford

I thank the Leas-Cheann Comhairle for the opportunity to raise the difficulties regarding Monaghan General Hospital. It was with absolute shock that I and my constituents read of the HSE proposals for the winding down of services at Monaghan General Hospital, in spite of the fact that no alternatives are available. We were assured by the Minister for Health and Children, Deputy Harney, and by Professor Drumm on many occasions that no services would be removed until as good, if not better, alternative services were available. The proposal to take Monaghan General Hospital off call, that is, to close the medical and treatment casualty room, the precise date for which is to be confirmed, is totally unacceptable and unjustified, in light of the fact that the new high-quality treatment room, together with two refurbished wards, are capable of giving excellent results. This was particularly true up until such time as the HSE removed two consultants from the hospital. That was done at a time when the Minister was advising that we need 400 extra consultants, rather than junior doctors. There appears to be one law for the Minister's hospitals and another for Monaghan.

I ask the Minister and the general public to examine what has happened in Monaghan General Hospital. A high quality, well equipped treatment casualty room was built four years ago, at a cost of approximately €1.5 million. It was opened for service less than 18 months ago and is now being wound down. The female medical ward was completely refurbished four years ago, to the highest specifications and contains approximately 30 beds. That ward is now completely closed, with high-quality beds in private storage, while patients lie on trolleys in Cavan and Drogheda. The coronary care ward in Monaghan General Hospital has five to six beds constantly in use. That ward has been proven by independent surveys to have a higher record of safety and service than any other similar facility in the country, yet the Minister for Health and Children, who is not here tonight, together with the HSE, is suggesting that one bed in either Drogheda or Cavan will cover the needs of the people of Monaghan. So much for patient care and patient safety.

Just before Christmas the hospital alliance met senior HSE personnel but were not even advised that two consultants had been given their notice. They were further told that the maternity ward was to be restructured into a high-care unit. Even when I visited the hospital a few weeks ago to discuss the situation regarding the two consultants, I was assured that the high-care unit would be restructured in the former maternity unit. I subsequently found out that the unit was already being used for other purposes.

The absent Minister was entrusted with the management of approximately €16 billion of taxpayers' money. Can she advise how it is that when the country was literally broke, 30 years ago, a small number of administrators could employ sufficient nurses, consultants, doctors and so forth, to provide a satisfactory service for the area without any mass administration structures, outside consultants or committees? Does the Minister or her Department have any interest in or say on patient care? Do they understand that while home care and home help is only available, in the main, for a few hours a day, sufficient quality home carers are not being employed to do the necessary work?

I urge the Minister to meet personnel from the Cavan, Monaghan hospital group which is interested in saving lives and avoiding hardship. During the last period that Monaghan General Hospital was taken off-call, at least 17 lives were lost, without justification. Today I received a copy of a letter from Mr. Finbar Lennon, former medical adviser to the North Eastern Health Board, which clearly states:

. . . the present Teamwork transformation projects have and will inevitably fail. This is due to the fact that the medium term plan is unrealistic, but also because many vital front line staff have been excluded, by design, from the so-called consultation process. Their medical and nursing experience and advice has been largely disregarded by the planners and decision makers.

I humbly suggest that the Minister feels that she has no role regarding patient care and safety on behalf of the people of Monaghan. In the interest of similar hospitals nationally, she should do the honourable thing and resign.

I wish to read into the record a very quick statement from the same doctor: "The situation in Drogheda was very unsafe and I call for a fundamental appraisal." That is how serious the situation is within the health services in the north east.

Minister of State at the Department of Health and Children (Deputy Máire Hoctor)

I am replying to this matter on behalf of my colleague, the Minister for Health and Children, Deputy Mary Harney.

The HSE has advised the Department that no decisions have been taken regarding a reduction in services at hospitals in the HSE north-east area, including Monaghan General Hospital.

The HSE has indicated that it is facing a challenging year ahead and is exploring how best to deliver services within budget. Senior managers in the north-east area met recently to discuss budgets for 2008 and how services could be delivered within budget. A document which was leaked to the media is a draft internal document arising from that meeting which sets out certain options for consideration. The HSE has advised that it expects to be in a position by mid-February to be more definitive about service provision for the year.

I want to emphasise that the Minister has previously been given an assurance by the HSE that in progressing the reconfiguration of services in the north east, including services at Monaghan General Hospital, there will be no discontinuation of existing services until suitable alternative arrangements have been put in place.

Deputy Seymour Crawford

That is not happening.

Deputy Máire Hoctor

Over the next few years, in preparation for all acute emergency inpatient care and complex planned care being provided at the regional centre, the existing five hospitals will continue to provide services which meet the majority of health needs of the community.

There have recently been significant improvements at Monaghan General Hospital, including two newly refurbished inpatient medical wards.

Deputy Seymour Crawford

There have been ward closures. Is that an improvement?

Deputy Máire Hoctor

This project, which cost €5 million, consists of two 25-bed inpatient wards, male and female, with each ward providing a range of multi-bed and single rooms.

The ward project builds on the investment of €1.2 million on new equipment, an upgrade of the pharmacy and on general facility upgrades for the hospital.

The HSE has advised the Department that the role of Monaghan General Hospital in the future will be to provide a range of diagnostic, outpatient, day cases and some inpatient treatment services within clinical networks. Significant developments have taken place in the provision of surgical services across the Cavan-Monaghan hospital interface.

Deputy Seymour Crawford

Closures.

Deputy Máire Hoctor

Emergency surgical services on a 24 hour, seven day basis are provided on the Cavan site, while significant elements of diagnostic, outpatient and day case services are provided on the Monaghan Hospital site. This has resulted in lower waiting times for outpatient appointments and inpatient elective services. Since the reconfiguration of Cavan-Monaghan surgical services, patients can, if necessary, be seen on the day of referral by their general practitioner to the visiting consultant surgeon.

Monaghan Hospital has an important role to play in the provision of health services in the north east. This view was confirmed in the Teamwork Management Services Report, Improving Safety and Achieving Better Standards — An Action Plan for Health Services in the North East, and also in the North East Transformation Programme.

Deputy Seymour Crawford

I pity the Minister of State for having to read out such a reply.

Job Losses.

Deputy Charlie O’Connor

I thank the Ceann Comhairle and the Leas-Cheann Comhairle for allowing me the opportunity to raise this issue. After listening to the previous speaker, I could easily spend some time discussing Tallaght Hospital, but I wish to discuss jobs. I express solidarity with my colleagues in Wicklow, Deputies Doyle and Timmins, who are experiencing the same trauma we in Tallaght suffered last Friday.

The Minister of State, Deputy Kelleher, told me today that he shares my concern. On Friday and today, I raised these matters with the Minister, Deputy Martin, and I made clear to the Taoiseach how upset I am when I spoke with him today. It happens to every community, but we in Tallaght were shocked by what occurred last week. In fairness to the main political parties, we worked with the workers and management of Jacob's a number of years ago to create a situation in which proper investment would take place. I am glad that representatives of the workers are present because I not only have an opportunity to welcome them but to congratulate them on their positive response in recent days. They have been reasonable and should not be taken advantage of.

Like many of my generation, I remember Jacob's moving from Bishop Street in the inner city to Tallaght. I moved with an employer nearly 40 years ago and Jacob's came to Tallaght approximately 30 years ago. Over the years, it created good jobs and was a good employer, but I would not stand over what has occurred in recent years and days. I want to send a clear message through the Minister that what is occurring in Tallaght is not good enough. Management should have been more faithful to the loyal staff, many of whom went home last Thursday night believing there were no problems. They heard rumours overnight and on Friday and were then faced by the dreadful news that 220 production jobs and 40 seasonal jobs are to be shed in the next year or so. It is a big blow to Tallaght, the third largest population centre in the country where there is a young population. We need job creation, not job losses. The loss of this number of jobs at Jacob's on Belgard Road upsets the community in a considerable way.

I welcome the presence of the Minister of State, Deputy Kelleher. He will be supportive of my efforts in this regard. Tallaght needs job creation. These jobs must be replaced by equally good jobs, but we must also give special consideration to the plight of the workers at Jacob's who have been shocked by what has occurred in recent days. This morning, I explained to workers that I bring my life experiences to my politics. I apologise for telling the House, but I have been made redundant three times in my life, including twice in Tallaght. I am not ashamed of my background or my experiences. I know what it is like for those family members who woke up last Friday morning believing they were in good jobs, but who find themselves in a situation in which they need help. It is a blow to those people.

On Friday, I was critical of the company. The €10 million it is promising for redundancies and retraining is not enough and should have been used to modernise the plant. The company claims that the reason for the job losses is the plant. It should have been modernising the plant over the years and preserving the jobs. It needs to come up with more money. I read in The Sunday Times that the site is worth at least €100 million. If The Sunday Times states that, it must be right. It is good to see Deputy Brian Hayes is present to support me. He is also supportive of the workers.

I hope the Department's officials will make contact with the company as quickly as possible to make my concerns clear, namely, that the workers should be protected, properly retrained and get all of the facilities and resources they need to seek further jobs, which will not be easy. The company must ensure that proper redundancy payments are paid. I look forward not only to the Minister of State's reply, but to working with him to ensure these deals are kept.

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher)

I thank Deputy O'Connor for raising this issue. Given the way he raises matters on behalf of Tallaght, he will not be made redundant from the House.

I was disappointed to hear about the job losses at the company. I am particularly aware of the significance of the job losses in such a long-established company and every effort will be made to assist the employees in seeking alternative employment. I understand that a restructuring of the manufacturing activities of the company will lead to a cessation of production at its biscuit factory in Tallaght by early 2009. The planned restructuring will include an investment programme and the company expects to employ at that stage approximately 120 people in Ireland. The redundancies at the company will take place on a phased basis from September 2008 through to early 2009. The role of FÁS, the industrial training agency, will be particularly important. The agency has already written to the company and is prepared to offer its full range of services to any employees who wish to avail of them. I understand the company is entering into talks with employees and unions immediately.

Enterprise Ireland has had a number of discussions with the company in the past months regarding the latter's development plans and assistance has been given to its innovation agenda. Having reviewed a number of options, the company has taken the strategic decision to outsource its biscuit manufacturing operation. However, the company has also indicated its commitment to undertaking new product development in Ireland by deciding to establish an innovation centre of excellence in biscuit manufacturing. The agency will seek to continue working with the company to assist it in developing new products and processes and in enhancing its famous range of brands.

A decision by the company to establish an in-house research and development unit and new product development centre is in keeping with Enterprise Ireland's strategy for innovation with the agency's client companies, as innovation is accepted as the key to gaining a competitive advantage in the fast moving consumer goods sector. A number of added value food processing companies have already established dedicated NPD centres, a move that will serve to strengthen Ireland's most important indigenous industrial sector and copperfasten our reputation as a producer of safe, premium quality and innovative food products.

In the longer term, the future of the company's food and drinks sector will depend on a knowledge-based high added value operation with new product development. This will be necessary to maintain the sector's competitiveness in a competitive global food market. To this end, Enterprise Ireland has identified a number of growth areas, such as the fast growing functional foods market, organic products and convenience and specialty foods.

South-west Dublin continues to be actively marketed by IDA Ireland to potential investors and is well equipped to compete with other areas for potential foreign direct investment, with a third level institute and excellent infrastructural facilities at Citywest and Grangecastle. The announcement in November 2007 that Microsoft Corporation had selected Grangecastle as the location for its new European data centre was a further indication of Ireland's standing internationally as a global knowledge-based economy. It was also testament to IDA Ireland and south-west Dublin's commitment to growing next generation businesses in the area. Also in Grangecastle, the pharmaceutical company Wyeth Biopharma has established the world's largest biopharma campus facility, investing €1.8 billion and currently employing more than 1,300 highly skilled people. Recently, Wyeth announced that it is investing a further €24 million in the creation of additional dedicated research and development and process development facilities at its Grangecastle campus.

The State development agencies will continue to work together and with local interests to promote employment opportunities for Tallaght. I am confident that the strategies and policies being pursued in the area by the agencies will maximise the flow of potential investors and convert these into job opportunities. I thank the Deputy, who has a strong commitment to the area. I express my sympathies to the workers. Everything that can be done to ensure they find alternative employment or training facilities will be done.

Deputy Billy Timmins

I wish to share time with Deputies Doyle and D'Arcy.

An Leas-Cheann Comhairle

Is that agreed? Agreed.

Deputy Billy Timmins

I sympathise with the 350 workers at Allergan and their families who received this morning the devastating news that the company will wind down in June 2009. This is a terrible blow to an area that has suffered several blows previously in terms of Arklow Pottery and Euro Connex. The latter was supposed to employ approximately 600 people, but has bottomed out at 150 and will not expand. People in the area are resilient and will bounce back.

I must state on the record that, in 2002, the forerunner of this company stated that it would consolidate its production in Arklow and a grant of approximately €7 million over five years was committed by the Minister for Enterprise, Trade and Employment in 2003. I would like to be as magnanimous as Deputy O'Connor but I cannot, because the Government has failed Arklow. It gave a commitment to decentralise a State agency, the National Standards Authority of Ireland, to Arklow but that has not taken place to date. The agency is in the process of securing a new headquarters in Dublin with a 20-year lease and a ten-year break clause. It does not look like it will move to Arklow any time soon. I wish the Government would come clean in this respect.

Did the Minister for Enterprise, Trade and Employment have any forewarning of this closure? If so, what did he do about it? I ask him to use all of the departmental and State agencies at his disposal to get replacement work for the area. IDA Ireland did not visit the site in Wicklow for two years. I do not know if it has visited one recently. It is a sad day for Arklow. The town can bounce back but it needs assistance from State agencies.

Deputy Andrew Doyle

Allergan has been established in Arklow since 1980. It was first known as McGhan Limited and later Inamed Aesthetics. For the past 18 months it has been under the international company, Allergan. It was announced today that 350 people or thereabouts will lose their jobs over the next 18 months. On television this morning, we saw young couples with mortgages where both partners work in this company. This will have a huge effect on such people. The closure of other companies has shown us that it is not just the people who work there who suffer; the larger community is also affected. The larger economic sector of Arklow and its surroundings across the border into Wexford will suffer.

Arklow was a flagship town for many years as regards employment, but it has been left in the wilderness. I am mindful of the fact that five years ago, IFI, a semi-State company, closed a unit in Arklow that traded profitably. It was other parts of the IFI group that were not profitable. The then Minister committed to paying all the creditors of the company. To date, this has not happened. A total of 22 pence in the pound has been paid.

During a debate this morning on the Government's infrastructural spending, I heard it said that broadband is the new infrastructure. Five years ago, we were the leading country in Europe in IT. We are losing fast because we do not have the infrastructure and we will pay the price. I call on the Government immediately to put in place an action plan for Arklow.

Deputy Michael D’Arcy

I assume the Leas-Cheann Comhairle will be interested in the news relating to Allergan as up to one third of the workforce live in north County Wexford, which is his constituency. It is a huge blow to north Wexford, as well as south Wicklow. My colleagues have spoken about the amount of work IDA Ireland has done in the Arklow area. However, it has done nothing in Gorey and the rest of north Wexford. There is a plot of land that has been left idle for many years and IDA Ireland does not equivocate about it. It will not be built upon and there will be no jobs there.

Why is Allergan moving? The answer, quite simply, is loss of competitiveness. If one speaks to anybody working there, one discovers that according to senior management in Allergan, it costs in the region of $30 per hour to employ a person in Ireland. In Costa Rica, where Allergan is moving, it costs in the region of $2 per hour. That is a multiple of 15. We face a huge problem in respect of our competitiveness in the future. We simply will not be able to keep going. Costs are spiralling, including local authority levies, rates, electricity prices and many other issues. This is just one of many and there will be many more.

Deputy Billy Kelleher

I thank the Deputies opposite for raising this matter on the Adjournment. The decision by Allergan to close its facility on a phased basis by mid-2009 with the loss of 360 jobs is very disappointing, particularly for the workers and families involved. I understand that the company has entered into a consultation process with its employees and their trade unions on its proposal to close the site over an 18-month period.

The Arklow plant, which produces breast implants for the global market, has been a very good employer in Arklow for a number of years and has received approximately €3.7 million in grant assistance from IDA Ireland since 1989. The decision was taken as a result of an internal global business review and the company has decided to relocate the manufacture of all products produced in Arklow to its manufacturing facility in Costa Rica, which has spare capacity.

It is envisaged that employment at the Arklow site will be phased out primarily between December 2008 and the first six months of 2009. However, I am pleased to say that the company in question remains strongly committed to its other Irish-based operations in Mayo and Dublin where several hundred people are employed. While I am conscious of the effect that any job losses will have on the workers involved and their families, as well as on the local community, I assure people affected that the State agencies will give every support they can to assist the workers who will lose their jobs and to develop new employment opportunities in the area.

The role of FÁS will be particularly important in assisting those people who will lose their jobs. I understand that in response to a request from the company for assistance from FÁS, the agency will be arranging a meeting to discuss its full range of services. This will include training and other supports. The company has decided to phase out the operation over the timeframe set out in order to allow the employees to seek alternative employment. In addition, the company has committed itself to finding suitable positions for workers in its other facilities, if this is possible.

I assure Deputies that IDA Ireland is in ongoing contact with the company and will continue to work very closely with its representatives during this challenging period. In recent times, IDA Ireland has been meeting with the company in an effort to have it invest more heavily in technical process development and in significant process automation.

In its ongoing drive to attract investment opportunities to Arklow and County Wicklow generally, I am pleased to say that IDA Ireland is currently in negotiations with two investors with regard to relocating and expanding in IDA Ireland Arklow Business Park. In addition, IDA Ireland has recently participated in a number of Wicklow enterprise days, which are aimed at promoting Wicklow as an attractive business location for Dublin companies. I was very encouraged to learn, particularly in light of today's announcement, that Servier Ireland Industries Limited, which is based in Arklow, is actively recruiting at present and employment figures have consistently increased over the last number of years.

The high-end medical technology sector in Ireland remains strong and will continue to be a focus for new investment, as witnessed by recent announcements in the sector. I am confident that further investment announcements will be made in the sector in the near future. According to the latest quarterly national household survey, published by the Central Statistics Office, the unemployment rate in the mid-east area, which includes Arklow, is 3.9%. This is one of the lowest unemployment rates in the country. Hopefully, this will increase the chances of the 360 workers who will be laid off in seeking other forms of employment. I assure Deputies that the Government, through the offices of the State agencies, will continue to promote Arklow and County Wicklow in general as attractive locations for employment and investment opportunities. I sympathise with the workers and their families. Obviously, it is a big loss to the area but I assure Deputies that the State agencies will do everything possible to find alternative forms of employment or assist in training.

Special Educational Needs.

Deputy Brian Hayes

I am grateful for the opportunity in the brief time available to me to address this matter with my colleagues. The Minister is aware that a very significant case occurred yesterday, namely, the Ó Cuanacháin case in the High Court. It is one of the great scandals of this Republic that the parents of autistic children still have to go through our courts as a means of getting justice for their children because the education system has failed them so disgracefully over a period of prolonged prosperity.

The Minister's Department has a particular knack, aptitude and history of wrestling those parents seeking justice for their children through the courts system. These parents are seeking to ensure that the very best standards of educational resources, be they through ABA or any other model, are there for their children. It is important for the Minister to make her comments initially to the House on foot of the case.

I am here for one reason only. I want the Minister and the Government through her Department to be absolutely clear that if there are third party costs in this case, her Department will pay them in full. In the submissions to the court, it is quite clear that the legal fees have been waived. The Minister was correct when she said at 1 p.m. that this has been said through the senior counsel and others in the case. However, there could be third party costs. I am referring to stenographers, expert witnesses and the like. I want to ensure that she will make it abundantly clear on the record tonight that her Department will meet the third party costs of this family, which has already gone through this ordeal over the past four and a half or five years with a case that lasted the guts of 70 days and which forced the father to leave work for a prolonged period.

The implications of this case are serious from a public policy perspective. I argued that this case has effectively been a class action and could have implications for 150 potential cases that may come before the courts. The implications of this case are real.

This family has been let down. The courts have already ruled in respect of the failure on the part of the HSE, namely, a lack of early intervention. That has been made abundantly clear in the courts and liability has been given for the family. The Minister has an obligation to tell the House tonight that she will underwrite any third party costs arising from this case. I ask her to do so.

Deputy Andrew Doyle

I wish to share time with my colleague, Deputy Timmins.

An Leas-Cheann Comhairle

The Deputy has two minutes left.

Deputy Andrew Doyle

The Ó Cuanacháins had a justifiable and legitimate reason for challenging the Department of Education and Science's decision not to provide ABA teaching to their child purely because they were geographically at a loss. It seems odd that 12 ABA schools are funded by the Department, including one in the Minister's constituency for which she actively lobbied.

Deputy Mary Hanafin

No, that is not in my constituency.

Deputy Andrew Doyle

They are mentioned in the national development plan as going from pilot to permanent status. The Ó Cuanacháins had a legitimate right to challenge the Department of Education and Science on that fact alone. Before that, the courts had established that the State had denied Seán Ó Cuanacháin his right to an education and damaged his educational prospects.

ABA has the best effect at an early stage. That this court case dragged on for four years, adding significantly to costs, is not the fault of the Ó Cuanacháin family, which sought early intervention. They have lost that opportunity and to subject them to legal costs is ridiculous.

Deputy Billy Timmins

I support my colleagues and ask the Minister why this case was so protracted. This has been a terrible time for the Ó Cuanacháin family as it has sought a basic education for Seán. The family is not unique — many are in a similar situation. When we look back, this will be seen as one of the great scandals of our era. At a time of unlimited resources over the past few years it is an outrageous situation. The buck stops with the Minister and, no matter how she or the Department tries to dress this up, it is outrageous that a family must go to court to seek a basic education for a vulnerable child. Nothing can excuse it.

Minister for Education and Science (Deputy Mary Hanafin)

As this case may be appealed to the Supreme Court, I am restricted in what I can say about it. The Government recognises that parents of all children with special needs make great sacrifices and I am determined to ensure that all children get the support they need to reach their full potential.

There is no doubt that, over decades, the record of the State in providing for children with special needs was very poor and that we are still playing catch up. Significant advances have been made in recent years, improving the lives of children with special needs and their families. There are now in the region of 17,000 adults in our mainstream schools working solely with children with special needs, compared to just a fraction of this a few years back.

The procedures for accessing extra support have also been improved with the establishment of the National Council for Special Education. Parents and teachers now have local special educational needs organisers on the ground to work with them and help them to get the appropriate support for their children. This year €900 million will be invested in special education, an increase of 40% or €260 million on the 2006 amount. Further improvements in services are on the way, with the roll-out of the Education for Persons with Special Educational Needs Act 2004 and the implementation of other commitments in the new programme for Government.

Regarding specific provision for children with autism, the Government believes that, as each child with autism is unique, children should have access to a range of different approaches to meet their individual needs. This view is informed by advice received from international experts on autism, NEPS and the inspectorate. An analysis of research, including the report of the Irish task force on autism, supports this approach, while autism societies in other countries also caution against relying on just one method. By enabling children in special classes to have access to a range of methods, including ABA, the Government is doing what we are advised is in the best interests of such children.

The Department has supported the use of ABA for many years and training is provided for teachers. However, based on research, advice and best practice, the Department does not accept that it should be the only method used. While ABA helps to improve behaviour, other methods, such as TEACCH and PECS are just as important in developing children's communication and speech skills. It is important that children have access to a range of methods so that their broader needs can be met.

Hundreds of children with autism are integrated into mainstream schools and hundreds more are in autism-specific classes. More than 275 autism-specific classes have now been approved around the country, while more are being set up all the time. A testament to the scale of progress being made in this area is the fact that over 100 of these classes have been established in the past year alone. There are a maximum of six children in each special class with a teacher and at least two special needs assistants. Extra assistants are provided where the children need them and a child can have his or her own special needs assistant if needed.

Children in special classes have the benefit of fully-qualified teachers who are trained in educating and developing children generally and who have access to additional training in autism-specific approaches, including ABA. The level of such training available to teachers has improved dramatically in recent years and is a major priority for the Government. Children in special classes also have the option, where possible and appropriate, of full or partial integration into mainstream classes and of interaction with other pupils.

The issue of contention in the case referred to by the Deputies was whether my Department's special class model is appropriate or whether ABA should be the only method used in some settings. Mr. Justice Peart, having listened to extensive expert evidence from both sides, decided that the special class model was indeed appropriate. In his judgment on the costs issue yesterday, the judge drew attention to the fact that the State was not seeking to recover its own very substantial costs. Justice Peart decided that the "fair and just" thing was not to make any order for costs, leaving each side to meet its own costs. It should be noted that counsel for the family had previously indicated to the court that the burden of the costs would not bear upon the family and I hope that it holds true.

Deputy Brian Hayes

Is that the burden? What about all of the costs?

Deputy Mary Hanafin

The judge also stated: "In my view there is no special cause in this case which would require this court to exercise its discretion to award to the plaintiffs the cost of the entire proceedings on the basis that it was a case of general importance to the country at large or that it raised matters of particular public importance." He recognised that the case was of course of major importance to the plaintiff but he also pointed out that the plaintiff's parents had denied in their evidence that these proceedings were other than a claim in respect of their own son and stated that it was not part of any wider campaign in the public interest.

I wish to make some general remarks on the issue of legal proceedings brought against my Department. The Department does not initiate these legal cases. From time to time there are references in the media to the Department dragging people through the courts. This is absolutely not the case.

Deputy Brian Hayes

What about letters sent to litigants concerning their houses?

Deputy Mary Hanafin

Neither does the Department take lightly any decision to defend cases concerning children with special educational needs. Every effort is made to resolve the issues without going to court. 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 at stake.

Deputy James Reilly

Why are there so many cases?

Deputy Mary Hanafin

It is the right of individuals to proceed with litigation if they so wish. In these circumstances, where the Department of Education and Science believes that the education provision available is appropriate it will defend a case. I consider that this is an entirely reasonable approach.

The number of cases taken against the State has shown a downward trend in recent times which can be partly attributable to the substantial improvements that have been made in services for children with special needs. The Government is committed to expanding the services for all children with special education needs and for all children with autism in particular. Where cases are taken, with every effort having been made to resolve cases and not having initiated the litigation, it is not reasonable to expect the State to take responsibility for the costs arising from the arrangements between any plaintiff and the plaintiff's legal team. Indeed, in the small number of cases that have gone to full hearing, in all of which the State's position was upheld, the State has not sought its costs.

My Department does not accept, based on research, advice and best practice, that ABA should be the only method used in some settings. We have been working hard to ensure that all children with autism have access to a range of approaches in special classes. A network of more than 275 such classes is now in place. A number of years ago, before this extensive network was in place, 12 centres were approved for funding under an ABA pilot programme. The Government is committed to long-term funding for these 12 pilot programmes, subject to agreement on certain standards such as appropriate qualifications for staff and the type of educational programme available to the children. Discussions have taken place with Irish Autism Action with a view to advancing this commitment as soon as possible.

Other centres seek funding under the pilot scheme. However, now that a national network of special classes is available, no new centres will be brought into the pilot programme. We are determined instead to ensure that each child has access to the autism-specific education programme that is now being made available to schools throughout the country.

The Dáil adjourned at 9.10 p.m. until 10.30 a.m. on Thursday, 31 January 2008.