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Seanad Éireann debate -
Tuesday, 13 Mar 2012

Vol. 214 No. 4

Adjournment Matters

Flood Relief

In 19 November 2009 there was a one in 100 year flooding in many areas in the south, particularly Skibbereen. On three occasions during that very wet winter Skibbereen was flooded. On another occasion, thanks to the excellent work of the council and Civil Defence, flooding was averted. There has been talk of remediating the situation in Skibbereen. I served my time there in the 1970s with the former Deputy Jim O'Keeffe. In those days there was a flood perhaps every five or ten years and there was talk of flood prevention, dredging the river and clearing the waterways around the town. To date, not a lot has happened.

The Minister in the last Government made commitments that a report would be commissioned on how to deal with the problem in Skibbereen. I accept we have had a benign winter and I do not want to over-exaggerate the situation. However, once a year I like to raise the flag for Skibbereen in case problems arise in future. It was not only commercial properties which were flooded which impacted on re-insuring premises. I have stated before that there should be some kind of universal insurance for properties. In addition, several private homes were flooded, including the very nice houses of elderly people living conveniently in the side streets of Skibbereen.

I want to know what the current position is on the flood warning scheme. For example, has the report that was commissioned been published and what is the Government's commitment to providing funding for flood relief measures? I am aware that the Minister of State, Deputy Brian Hayes, visited Skibbereen some time ago and is fully aware of the problem. I tabled this matter to receive a full appraisal of the current position in Skibbereen, given that funding has been committed for schemes in Bandon, Fermoy and elsewhere. The problem in Skibbereen needs to be addressed. I await the Minister's response with interest.

I thank the Senator for raising this matter. I apologise on behalf of the Minister of State with responsibility for the Office of Public Works, Deputy Brian Hayes, who is unable to be here and has asked me to take this Adjournment debate on his behalf. As the Senator said, the Minister of State has visited Skibbereen and spoken to many of those affected by the flooding there in the recent past. He is very much aware of the hardship they have endured and the loss suffered. Their concern is that steps be taken urgently to prevent a recurrence. The Minister of State he is committed to ensuring their concerns are addressed.

Following the flooding events that occurred in the town in 2009, Cork County Council sought funding from the OPW under the grants scheme for minor flood mitigation works and studies to undertake a feasibility study to identify measures which could be taken to reduce the risk of flooding in the town. This application for funding was approved by the OPW and consultants were appointed by Cork County Council in February 2011 following a public procurement process.

The study, the River Ilen (Skibbereen) Flood Risk Assessment and Management Study, has been progressing since. There have been two public information days, the first being an information gathering day which was held in Skibbereen on 23 March 2011. This afforded the public an opportunity to provide information on their views as to causes of, and possible solutions to, the flooding problems in the town. The event was well attended by the public, with over 170 people attending.

The study has progressed since and a number of reports have been produced by the consultants. These include reports on hydrology, hydraulics, environmental issues, including appropriate assessment screening, flood mapping and an option assessment report. Arising from the work done in preparation of these reports, an emerging preferred option has been identified. This was exhibited in a second public information day on 25 January, an event which was also very well attended. It is understood the public was very supportive of the emerging option.

The emerging preferred option consists mainly of flood defences such as earth embankments and defence walls, with some localised widening of the river channel in the Marsh area and some localised improvements to the river channel in the vicinity of John F. Kennedy Bridge. It is hoped this emerging preferred option will be brought through the statutory planning or exhibition process towards the end of the year. Subject to a successful outcome to the planning and exhibition process, the detailed design will be carried out, followed by a procurement process for a civil works contractor. It is hoped construction works might start in the latter part of 2013.

As regards a flood early warning system, Cork County Council applied for funding in 2010 and 2011 to develop such a system for Skibbereen under the minor flood mitigation works scheme. It was the OPW's view that the proposal could be technically difficult to implement and was premature pending the completion of the flood risk assessment and management study, for which it had allocated funding totalling €239,000. In view of the progress made to date on the emerging preferred option for flood alleviation in the town, it is the view of the OPW that the development of an early flood warning system would not be justified.

Already, in response to calls by the Skibbereen Flood Committee to provide interim flood relief in the town, the OPW allocated an amount of €10,000 to Cork County Council to undertake channel cleaning works in a section of the Ilen river. These works were completed in November 2011. A further application for channel cleaning works has been submitted by the council within the past week. A decision will be made on this application very shortly in the context of the criteria for the minor works scheme, the available resources and progress on the flood mitigation study, to which I referred. The OPW will continue to work in partnership with the county council to bring forward viable short-term and longer term measures to alleviate the risk of future flooding in Skibbereen as quickly as possible.

I am encouraged by the commitment of the Minister of State, Deputy Brian Hayes, and the Government to alleviate the problems in Skibbereen which have continued for 50 years. I hope this year, or possibly in 2013, the necessary works we have all demanded will be undertaken.

Firearms Licensing System

I wish to share time with Senator Paschal Mooney.

Is that agreed? Agreed.

I thank the Minister for Education and Skills, Deputy Ruairí Quinn, for coming to the Seanad to deal with this issue and know he will pass on my comments to the Minister for Justice and Equality, Deputy Alan Shatter.

It is common knowledge that the firearms licensing system is problematic. The number of challenges in both the High Court and the District Court, in which over 95% of decisions have gone against the Garda, bears testament to this. I am particularly concerned about the remarks of Judge Hedigan on these cases which have highlighted the fact that the system cannot continue and needs to be reviewed.

The National Association of Regional Game Councils, or the NARGC as it is commonly known, which supported these cases was the strongest advocate of the new firearms legislation when it was introduced in 2009 and played a pivotal role in the consultation process, including chairing the most important user group, the Firearms Consultative Panel. It warned of deficiencies in the administration of the system, including the absence of a statutory declaration under the wildlife Acts on the licence application form to give effect to the hunting licence endorsement on the firearms licence, but its warnings were ignored. This resulted in an unnecessary High Court challenge which had the effect of forcing the State to amend the wildlife Acts on a temporary basis to get over a legal lacuna and the costs were paid for by the taxpayer.

Licences will be renewed again in the coming months and we will be faced with this problem yet again because, thus far, no permanent solution has been suggested. In recent days the Garda Commissioner has issued an amended licence application form, but it still does not address the issue of the absence of a statutory declaration. As a result, the NARGC feels unable to continue its support for the system and the recent court cases are the consequence.

The NARGC is a largely rural-based organisation which has a long track record of responsible ownership of sporting firearms and setting high standards and organising educational programmes. In fact, it was one of the first organised sports shooters' organisations in the State, providing structured education in the shooting disciplines since its foundation in 1968. One only has to visit its website to see this. As a rural Senator and farmer, I am very aware of how important game and shooting clubs and game hunting are to rural people and of how important the NARGC is in parishes as the national representative association. I am also aware that it is vital for the Garda to enjoy the confidence and support of rural communities and that anything which threatens this must be avoided. It is, therefore, lamentable that the NARGC which has always supported the rule of law should find it necessary to sue the Garda to have its concerns listened to and dealt with. In the vast majority of cases the courts have agreed with the NARGC. Why is this the case? Clearly, it is a knowledgeable and responsible association; why, therefore, is the State not listening to it? It obviously has a huge contribution to make and must be part of the solution. The courts seem to believe it is certainly not the problem.

The State would do well to pay attention to what the NARGC has to say when a problem arises, rather than trying to defend cases which are indefensible, with serious cost implications for the taxpayer, as we have witnessed in the aforementioned cases. Do we have so much money to waste? Any reading of the court transcripts of the Garda evidence and Judge Hedigan's interventions in the High Court confirms beyond argument that gardaí were guilty of wrongdoing. Statements to the Oireachtas that cases were settled without admission of wrongdoing serve only to mislead and alienate the very people who were victims of the wrongdoing.

I have met the leaders of the NARGC and I am satisfied that their only wish is to have a firearms licensing system in place which is secure, fair, transparent and free of prejudice and which is administered in a consistent manner, with due regard for the provisions of the legislation as enacted by the Oireachtas. The State maintains it always wishes to work with stakeholders. It cannot be only when stakeholders are in agreement with the State on all matters. I will conclude by urging the Minister to ask the Minister for Justice and Equality, Deputy Shatter, to engage with the National Association of Regional Game Councils, NARGC, as a matter of urgency to bring to a conclusion what is an unsatisfactory state of affairs on many fronts.

I am grateful to my colleague, Senator O'Neill, for allowing me to participate in this debate because he and I are nominees of the National Association of Regional Game Councils in Seanad Éireann and therefore have an ongoing interest in this particular issue. I endorse everything Senator O'Neill said and my only additional contribution is to note this ongoing and unresolved problem has existed for a number of years. As Senator O'Neill noted, the previous Administration introduced what in my opinion and that of the NARGC was a stopgap measure in respect of the existing licences to address a lacuna in the law. I believe this will run out in 2013 or 2014.

It will run out next October.

Therefore, the Government must address this issue. This obligation has been further enhanced, as Senator O'Neill has noted, by the recent court case which was indefensible and the judge's judgment was clear in this regard. However, the simple message that has been put forward by Senator O'Neill and the council is to engage in consultation with those who are engaged in this process and who have expertise in this regard. They have no agenda other than to ensure the law is straightened out and they can continue to operate within the law, as they have always done.

I thank both Senators for raising this matter on the Adjournment. I am speaking on behalf of my colleague, the Minister for Justice and Equality, Deputy Shatter, who regrets he is unable to be present due to other business.

It is understood that the Senators are referring to a recent High Court case involving judicial reviews of decisions by chief superintendents in firearms cases. What was at issue were decisions by chief superintendents to refuse applications for licences for high-calibre handguns. That case was settled with no admission of wrongdoing on the part of the State and with an undertaking to consider applications afresh and give reasons to applicants where applications are turned down.

It is important to state the vast majority of licensed firearms holders have encountered no problems with the new licensing regime. The number of cases involved in this regard is 168, which constitutes a tiny minority of firearms licence applications. In general terms, Members may recall that for more than 30 years prior to 2004, all handguns effectively were banned in this jurisdiction. Following a series of judicial decisions, however, almost 2,000 handguns were licensed between 2004 and 2008. This situation did not come to pass as a result of a decision by the Oireachtas. The return of handguns also gave rise to new forms of target shooting, which is a cause of concern to the Garda Commissioner. It is worth noting that the use of handguns is illegal for hunting under the Wildlife Acts and as they are not licensed for personal protection in the State, there is a very limited potential use for them.

The Minister is particularly conscious of Mr. Justice Hedigan's remarks that:

The licensing of powerful rifles and handguns is a matter of the gravest [concern]. The Oireachtas has legislated for the licensing of such . . . dangerous weaponry on a restricted basis. The Commissioner and, through designation by him, chief superintendents, have been charged with a heavy responsibility of decision as to who should be given such restricted arms licences. It is a grave responsibility because the consequences of a mistake may bedevastating.

The judge went on to state:

These courts, let it be quite clear, like the Garda Síochána, know better than anyone else in this country the tragic and devastating consequences of gun crime. The strictest regulation of dangerous weaponry is essential if society is to be spared the menace of proliferating gun crime.

The Minister, Deputy Shatter, shares the judge's views on this matter.

The Oireachtas in the Criminal Justice Act 2006 made the Commissioner responsible for licensing restricted firearms while the licensing of non-restricted firearms is a matter for superintendents. The Commissioner, by delegating his functions for licensing restricted firearms to chief superintendents, shows the importance he places on regulating this dangerous weaponry. At present, a chief superintendent is charged with making a decision on a restricted firearms certificate and he or she cannot be subject to directions in respect of how this discretion is exercised. Members of An Garda Síochána are the people best placed to make decisions on firearms licensing and it would be helpful if the NARGC came to terms with that reality. It must be stated frankly that recent intemperate material produced by that association undermines any requests which it makes for a spirit of co-operation in this area. In light of such issues, which arose in the proceedings referred to by Senator O'Neill, the Minister sought a report from the Garda Commissioner. The Minister has received an interim report on the matter and awaits a full report from the Garda Commissioner.

The Commissioner has indicated he shares the concern expressed by the judge in the case about the alteration of documents after proceedings had commenced. In the case of the evidence given by another member of An Garda Síochána, the Commissioner has indicated that, while an issue did arise regarding the completion of parts of the application forms, he is satisfied the applications were decided in accordance with that person's understanding of the relevant firearms legislation, decisions were recorded in notifications to applicants, and those decisions were informed by understandable concerns of public safety in light of the difficult position concerning crime in his division. The Commissioner points out that the parts of the forms in question are not a statutory requirement under the firearms legislation and are geared towards the requirements of recording data on the PULSE system through the ticking of a number of boxes. The Commissioner is addressing as a matter of urgency the whole process of firearms licensing and the administrative functions associated with it in light of the outcome of those court proceedings and will report to the Minister again when he has completed that review.

Tragically, Members will have been reminded in recent weeks of the dangers which licensed firearms can pose for members of An Garda Síochána and others and of the dangers of firearms generally. For his part, the Minister is determined to ensure that in the operation of the firearms licensing system, the question of public safety is paramount.

I accept the Minister's comments. As for the 168 cases that were brought before the High Court and Mr. Justice Hedigan, one should note these were not new applications but pertained to people who had held handguns and who were renewing their licences. The fact they were forced to bring these cases means the licensing system does not appear to be working. As I noted, 95% of these cases have been upheld by the courts. While I do not suggest the Garda is always wrong, the point the NARGC and I are making is the licensing system must be examined. Some 120 people in the country make the decisions in this regard. In other words, in each Garda district, the Commissioner, assistant commissioners and superintendents make such decisions, whereas I propose that consideration be given to a centralised licensing system. I note such a system is in operation in Northern Ireland and while all Members are aware of the problems experienced there with regard to guns, they were not caused by licensed guns and one should be worried about unlicensed guns instead.

I will reply briefly to both Senators and will respond in particular to the comments just made by Senator O'Neill. I will speak personally to the Minister for Justice and Equality, Deputy Shatter, on this matter. I will refer in particular to the last point he raised, which is that consistency and a single point of licensing might obviate some of the problems experienced.

It also would free up gardaí.

Schools Building Projects

Go raibh maith agat a Chathaoirligh agus gabhaim céad fáilte roimh an Aire. Tá mé thar a bheith buíoch dó féin faoi theacht isteach don ábhar seo, mar is ábhar é a bhaineann go díreach leis féin. Tá a fhios agam go bhfuil eolas pearsanta aige ar an gceist áirithe seo, an cheist atá ardaithe agam maidir le Scoil Phobail an Chlocháin. While I am not psychic, I had raised the issue of Clifden community school without knowing there would be an announcement yesterday on capital allocations. However, it is pertinent that the Minister is present and I am grateful he has come to the House to answer the question I have raised.

The school in Clifden serves a huge catchment area. The Minister is familiar with it as he last visited it when the leaving certificate results were being announced. He met some of the students and staff, saw the school at first-hand and knows it well from his knowledge of the area. The foundation stone for the existing school building was laid in 1974 and it was opened in 1979. However, the building's original specifications were never actually completed and studies carried out in 2000 and 2003 both came to the conclusion that a new school building was essential. The current building does not meet the standards expected of a school located in an area such as that to which I refer, particularly in light of the size of the student body and the quality of teaching required. A new building was sanctioned and a fair amount of work has been done in the context of the planning process. I commend the CSI Clifden group and the current principal, Dr. Liam Bolger, who have been driving the project and whom I met just prior to Christmas. They were of the view that they were doing very well and that the project would be included in the capital plans. They have done a great deal of fund-raising and the new school will cater for 425 students. I understand that stage 2(b) of the process is nearing completion.

The school caters for children from Roundstone to Lettergesh to Recess to Maam, which is a huge catchment area. It is the only school of its type there, particularly since Kylemore Abbey closed down. The school is an essential and vital part of the educational infrastructure in the area. The hearts of those involved in the project relating to the school dropped yesterday when they read the list of allocations under the Department's capital grants programme. Not only is the project not listed to proceed this year or next, there does not appear to be any suggestion that the new building might be constructed during the next five years. I would welcome clarification from the Minister regarding the current status of the application for a new school building for Clifden community school. A new building is badly needed and I would welcome the Minister's comments.

I thank the Senator for raising this matter because it provides me with an opportunity to outline to the Seanad the Government's strategy for capital investment in education projects during the next five years and to clarify the current position in respect of the application for major capital funding from Clifden community school, County Galway.

The Senator may find it helpful if I set out the context within which decisions relating to meeting the accommodation needs of schools must be considered in the coming years. Total enrolment is expected to grow by approximately 70,000 students — 45,000 at primary level and 25,000 at second level — between now and 2018. Second level enrolment is expected to continue to rise until at least 2024. In order to meet the needs of our growing population of school-going children, the Department must establish new schools as well as extending or replacing a number of existing schools in areas where demographic growth has been identified. The delivery of these new schools, together with extension projects to meet future demand, will be the main focus of the Department's budget for the coming years. The five-year programme I announced on Monday will provide over 100,000 permanent school places, of which over 80,000 will be new places. The remainder will come about through replacement of temporary or unsatisfactory accommodation.

The design of the proposed new school building for Clifden community school has been developed, based on a long-term projected enrolment of 425 pupils. The current enrolment is just over 400. The schools design team is working on finalising the stage 2(b) submission —detailed design and tender documents — which will then be forwarded to the Department for review. In view of the need to ensure that every child has access to a school place, the delivery of major school projects to meet the demographic demands nationally, as well as the demands in Galway, will be the main focus for capital investment in schools in the coming years. The five-year programme is focused on meeting those demographic needs. In that context, it was not possible to advance all applications for capital funding concurrently.

All school building projects, including that relating to Clifden community school, will continue to be advanced incrementally over time within the context of the funding available. However, in light of current competing demands on the Department's capital budget, it is not possible at this time to give an indicative timeframe for the progression to tender and construction of the project at Clifden community school. I again thank the Senator again for giving me the opportunity to outline the position.

Go raibh maith agat, a Aire. On behalf of the people of Clifden, I wish to state that I am very disappointed with the reply. Was the rural scenario to which I refer taken into consideration in respect of this matter? I accept that the Department is obliged to use some kind of slat tomhais, or yardstick, when making decisions. Basing allocations on demographic growth alone is extremely unfair to rural areas, particularly in light of the fact that Clifden community school and others like it are very important in retaining the people who live in such areas and thereby ensuring that the demographics are not skewed even further. If new school buildings such as that required in Clifden are not built, more and more people are going to leave rural areas. Is there any mechanism which could be used to appeal the Department's decision in this regard? Would the Minister consider such an appeal if a good argument could be put forward?

As the Senator stated, I am familiar with the area and I visited the school last August. I take the point he is making in respect of the central role Clifden community school plays in holding the region together. As the reply I read which was prepared by the building unit in my Department indicates, the process relating to the school is ongoing and the project will move to a point where it will be ready to proceed to construction. As a result of my personal interest in the area, I will monitor developments with the project. I will be obliged to obtain further advice in respect of this matter but I suspect that Clifden is one of the more unusual schools in that, as I was informed last August, it serves one of the largest catchment areas in the country. I will keep in touch with the Senator in respect of this matter.

Special Educational Needs

I welcome the fact that the Minister is present to deal with the issues relating to education which we are raising. I concur with what Senator Ó Clochartaigh stated in respect of the previous matter. I welcome the Minister's personal interest in Clifden community school but I wish to express my strong disappointment. There was huge anticipation that the project relating to this school would be among those granted allocations yesterday. I wish to make a general point to which the Minister must give consideration. A mechanism other than that which relates to demographics must be found in the context of assessing the value of rural schools. The current mechanism is extremely narrow in scope, particularly as it is based solely on numbers. That misses the point in respect of the importance of community, the distances children must travel and——

Would it be possible to encourage the Senator to get back on track in order that she might outline the position on the matter she wishes to raise?

I will do so but I must again thank the Minister for taking a personal interest in Clifden community school.

As stated, I am glad the Minister is present to take this matter. I request that he reclassify Down's syndrome as a low-incidence disability in order that children who have the condition might obtain teaching and learning resources appropriate to their needs. The case to which I wish to refer is extremely touching and I am grateful to the family involved for allowing me to highlight it.

On Tuesday, 18 October 2011, during a debate on special needs education, Mr. JimMulkerrins, principal officer, of the special education section, informed the Joint Committee on Jobs, Social Protection and Education——

Will the Senator refrain from naming officials in the House, particularly as they are not here to defend themselves?

I will. It was stated at the meeting to which I refer that:

The issue of whether Down's syndrome should be classified as a low incidence disability in all instances, regardless of assessed cognitive ability, has been raised with the Department subsequent to the introduction of the general allocation model, GAM. The issue of whether there is an equitable basis for re-classifying Down's syndrome as a low incidence disability is therefore a matter which is under review by my Department in the context of its review of the general allocation model.

It is in the context of this extremely useful statement and having met parents in Galway whose children have Down's syndrome, that I wish to strongly advocate that the syndrome should be reclassified as a low-incidence disability in order that the children who have it might access dedicated individual teaching hours as part of their overall education. This would allow us to meet the requirements of the Education Act in the context of the delivery of an appropriate education that is dependent on individual children's needs.

As the Minister is aware, the allocation of resources in primary schools is based on low and high-incidence categories. Children with a moderate learning disability are entitled to resource teaching hours, rightly so. However, children with a mild learning disability are not so entitled. This is a matter of great concern for parents and teachers and it impacts greatly on the manner of the educational inclusion experienced by such children in mainstream schools. One-to-one time is hugely beneficial to all children with Down's syndrome, particularly when they enter the mainstream, because it assists in their being fully integrated.

I have experience with this matter, not just in Ireland but also in the United States. Children with Down's syndrome generally present with both language and physical difficulties. On occasion, they need to be lifted in order to keep pace with other mainstream children. In that context, they require more assistance than that which can be delivered by a school operating a general allocation model resource programme. The fact that children in both categories — moderate and mild — have Down's syndrome should copper-fasten the right to resources.

I wish to bring to the Minister's attention the experience of the parents of one girl in order to illustrate the difficulties children with Down's syndrome are encountering and why the reclassification to which I refer is essential. The little girl, Maeve, is the youngest of four girls. She will be five in August and is a bright, endearing child who is very motivated and independently minded. Her parents, rightly, have never set limits on her ability just because she has Down's syndrome. She is making great progress and they are delighted with the results of the various inputs to see her developing so well. She is due to start primary school in September 2012 and her parents have decided on a mainstream school. Unfortunately, it is not their local school but one based in Galway city, as that school had significant knowledge of special needs, experience of teaching children with Down's syndrome and access to various programmes and good facilities. They felt Maeve would thrive in the school. They were delighted to hear that a place was available and they filled in the application form and provided the psychologist's report. A few days later, they received a telephone call from the principal, who was happy to accept the child. He felt that he needed to inform them that because of a diagnosis of a mild intellectual disability, Maeve would not be entitled to receive additional supports over and above what was already provided for the school. The school has children with needs and is stretched in the provision of learning support, even down to minutes for certain children. The principal stressed that the recommendations made by the psychologist for Maeve, such as differentiating the curriculum, providing visual supports, implementing various programmes, planning meetings and individual education plans may not be feasible for the school to implement. That endangers the provision of an appropriate education for her under the Education Act 1988.

Maeve is a wonderful little girl but she comes with a label of Down's syndrome, has a learning disability, complex needs and is unable to string a sentence together. She now has, in the view of her parents, the "bad luck" of being given a diagnosis of mild intellectual disability, which means she will not have allocated learning resources and is therefore regarded as competing for the same teaching resources as any other child on the normal spectrum who may have a reading disability, for example. Her mother has indicated that she struggles "to understand why this little girl, who has a life limiting condition and is termed as permanently incapacitated by the HSE and the Department of Social Protection is in the same category as those who may have short term difficulties with maths or reading." Surely no debate is required to justify supporting Maeve by providing the dedicated teaching resources through reclassification from high to low incidence disability or by means of a distinct category for children with Down's syndrome. Furthermore, she will not even be considered for an allocation of extra teaching time due to her significant speech delay because her intellectual disability precludes her from consideration. I have always had difficulty with that. Maeve's mother continues by saying:

Nobody wants to feel that their child is a burden but this is the reality. Schools are very willing to accommodate children with special needs but on a supported basis and rightly so. Teachers are not magicians and principals need to consider the implications for all children. The current system portrays our children as a liability to those who accept them into their school. The current structure of resource hour allocation is closing doors to children.

Will the Minister look at this case as the principal officer in the Department has flagged it as an issue? This child will be at an obvious disadvantage but the effects will also be felt by the school, and its teachers will tear their hair out thinking about how to meet her needs under the Education Act. I look forward to the reply.

I am pleased to have been given the opportunity by the Senator to clarify the position on the provision of teaching support for children with Down's syndrome. I advise the Senator that the Department of Education and Skills has put in place a range of teaching and care supports for children with special educational needs, including pupils with Down's syndrome. Pupils with Down's syndrome are entitled to additional teaching support in schools either under the terms of the general allocation model, GAM, of teaching supports if the child's educational psychological assessment places the pupil in the high or more frequently occurring incidence disability category, such as mild and borderline mild intellectual disability, or through an allocation of additional teaching and care support if the child is assessed as being within the low incidence category of special need, as defined by the Department's Circular Sp Ed 02/05.

As such, resource teaching support is allocated to schools to support the learning needs of pupils with Down's syndrome, in line with the pupil's assessed needs. Down's syndrome has therefore not been designated as either a high or low incidence disability for the purposes of allocating resource teaching support. Children with Down's syndrome may qualify for teaching support under high or low incidence provision, based on the extent of their general learning disability level. Children with Down's syndrome whose level of intellectual disability places them in the high incidence of general learning disability may receive individual resource teaching hours in the same manner as children with other high incidence disabilities through the GAM. Schools have provision under the GAM to allocate and target resources to those children most in need of these resources and also to make the best use of these resources. Schools also have discretion to supplement teaching support under the GAM though shared and group teaching for pupils with greatest need.

Additional resource hours are allocated to schools by the National Council for Special Education in respect of pupils with a diagnosed low incidence disability, in line with the diagnosed disability level. This includes pupils with a diagnosis of an assessed syndrome, including Down's syndrome, in conjunction with a low incidence disability such as moderate general learning disability, for example. The disability categories set out in the report of the special education review committee of 1993 form the basis for resource allocations and include a category relating to assessed syndromes. Accordingly, Down's syndrome is considered for the purpose of allocation of additional resources in line with the general provision for pupils with an assessed syndrome.

I can advise the Senator, however, that the issue of whether Down's syndrome should be reclassified as a low incidence disability in all instances, regardless of assessed cognitive ability, has been raised with the Department in the context of the Department's recent review of the general allocation model. The Department has also received a submission from Down's syndrome Ireland regarding this matter, which is being considered. The issue of whether there is an equitable basis for reclassifying Down's syndrome as a low incidence disability in all instances is under review by the Department. The National Council for Special Education has also been asked to provide advice to the Department on the issue.

The Department is readjusting the general allocation model for schools effective for the coming academic school year and also intends to complete its review of the issue of the categorisation of Down's syndrome this year. The Senator will be aware that any review of policy in this area may only be considered in the context of the resources which are available to the Department, competing demands on teacher numbers and the Government's employment control framework.

It is good that a formal review is in place because the issue in this case is the mild learning disability in conjunction with Down's syndrome. While the review is being decided and we await conclusions, what advice would the Minister give the family and school? This child has considerable resource needs.

I do not have the same level of detail as the Senator. I understand the child has been accepted by the school but the school is not in a position to give an undertaking on the resources. I suggest that the school should appeal to the Department, indicating that this young person — Maeve — has been accepted by the school and it is the most appropriate and preferred school choice of the parents. It should indicate that in view of the school's understanding of her condition, extra resources are required.

That is very helpful and I appreciate the Minister's comments.

The Seanad adjourned at 6.50 p.m. until 10.30 a.m. on Wednesday, 14 March 2012.
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