I must now deal with the deferred division relating to the ministerial amendment to the Second Reading of the Education (Amendment) Bill 2024. Last Thursday, on the question, "That the amendment to the motion be made", a division was claimed, and that division must now be taken.
Education (Amendment) Bill 2024: Second Stage (Resumed) [Private Members]
The following motion was moved by Deputy Ruairí Ó Murchú on Thursday, 16 October 2025: "That the Bill be now read a Second Time."
Debate resumed on amendment No. 1:
To delete all words after "That" and substitute with the following:
"Dáil Éireann declines to give the Education (Amendment) Bill 2024 a second reading consequent on Dáil Éireann's passage of the following motion on 16th October, 2025:
notes that:
— a child's right to education is enshrined in the Constitution and, under the United Nations Convention on the Rights of Persons with Disabilities, must be accessible on an equal basis with others in the community in which they live; and
— the Government is committed to ensuring that each child with a special educational need has an appropriate school place, in line with their Constitutional right and Programme for Government commitments;
notes that the Government will:
— progress work on the development of a more inclusive education system for children with special education needs by supporting them to attend their local school;
— continue to expand the number of special school places, special classes and special education teaching hours as required across the state;
— improve communication and outreach to parents of children with special educational needs to streamline the process by which parents apply for specialist school places, reducing the burden on them and improving the timelines, including the introduction of a common application procedure;
— continue to increase investment into the area of special education to ensure that every child can reach their full potential;
— ensure that available capacity across schools is maximised to make provision for children with special education needs; and
— prioritise school building projects delivering additional capacity for special classes and at special schools;
further notes:
— the continued significant state investment of €2.9 billion this year for supporting the provision of special education, a 48 per cent increase since 2020;
— the total allocation in Budget 2026 to provide over €3 billion in funding for special education next year, including the provision of up to 3,000 new special class and special school places, over 1,700 new special needs assistants and 860 new special education teachers;
— 97 per cent of all children and young people enrolled in schools, including the majority of children and young people with special educational needs, are supported to attend mainstream classes with their peers;
— the strategic initiatives introduced to provide for the continued accelerated delivery of special class places in mainstream schools and special school places with the number of special classes having doubled over the last five years and 16 new special schools being established;
— over 3,700 special classes have been made available across the country for the 2025/26 school year ensuring that children can continue to access a special class in their local area avoiding the need for long distance travel;
— the National Council for Special Education (NCSE) confirm that over 800 vacant places remain in special classes in primary and post-primary schools across the country at the start of this school year 2025/2026;
— Budget 2026 provides funding for teachers and Special Needs Assistants (SNAs) to support the provision of another 3,000 special class and special school places, this continues the accelerated delivery of special education places to ensure sufficient capacity is provided each year and children and young people have an appropriate place; and
— the commitment to prioritise investment in special education and school places as part of €7.55 billion in National Development Plan capital funding for 2026-2030;
further notes:
— that this proposed legislation dates from 2024 and does not have regard to the progress being made by the Department of Education and Youth and the NCSE in introducing new measures to support forward planning for the 2026/27 school year which brings forward the date of notification and will see the majority of new special classes sanctioned by 31st December, 2025 thereby providing earlier clarity for families;
— the streamlining of funding to ensure schools can access funding for repurposing accommodation;
— the significant investment in the expansion of staffing at the NCSE to assist families of children with special educational needs in all aspects of their educational journey, including accessing a placement appropriate to their needs;
— the significant level of funding and supports being provided to schools to deliver accommodation for special classes including school building projects, the repurposing of available rooms, and the provision of modular accommodation;
— the commitment in the Programme for Government to introduce a nationwide common application system for school admissions, which has the potential to be a game-changer for students and parents;
— the progress which has been made in introducing a common application system, including a new pilot single application for admission to post-primary schools, including admission to post-primary special classes, being rolled out by the Department this year across five areas;
— the enactment of the Education (Admissions to Schools) Act 2018 which banned historical waiting lists, thus ensuring parents who move to a new area, or parents who rent, are not disadvantaged;
— that this legislation could have a significant and negative impact on a number of groups, and that this has not been properly considered;
— the impact that this proposed legislation may have on families of children and young people with special educational needs moving into an area within two years of seeking a school place, in particular families that are renting;
— the impact that this proposed legislation may have on families of children and young people with special educational needs who receive a diagnosis and professional recommendation within two years of seeking a school place, in particular young children entering primary school;
— the lack of a definition of special educational needs in the proposed legislation and the uncertainty if the legislation applies to all of the estimated 25 per cent of students with a special educational need who may be seeking a mainstream, special class or special schools;
— while the proposed legislation allows for children and young people with special educational needs to apply for admission up to two years in advance, it is silent in terms of the actual timelines for schools making decision on admission and therefore it is not clear that the legislation will achieve its aim of providing earlier clarity for parents;
— that significant further work on this proposal would be required, including significant consultation with schools and parents, before such a proposal could be considered again;
— the Government have published a review of the EPSEN Act 2004, which comprised of over 28,000 responses to online surveys, including 900 responses from children and young people to an innovative easy access survey, and participation in focus groups by 91 adults and 94 students and young people from mainstream, special and Irish medium schools, as well as adults who had left school;
— that an implementation plan is being developed and will be published before the end of the year, with changes to existing legislation, policy, and practice under consideration; and
— declines to give the Bill a second stage reading for the reasons stated.".
(Minister of State at the Department of Education and Youth, Deputy Michael Moynihan)
Amendment put:
The Dáil divided: Tá, 80; Níl, 65; Staon, 0.
Tá
- Aird, William.
- Ardagh, Catherine.
- Boland, Grace.
- Brabazon, Tom.
- Brennan, Brian.
- Brennan, Shay.
- Browne, James.
- Burke, Colm.
- Burke, Peter.
- Butler, Mary.
- Butterly, Paula.
- Buttimer, Jerry.
- Byrne, Malcolm.
- Cahill, Michael.
- Callaghan, Catherine.
- Calleary, Dara.
- Carrigy, Micheál.
- Carroll MacNeill, Jennifer.
- Chambers, Jack.
- Cleere, Peter 'Chap'.
- Clendennen, John.
- Collins, Niall.
- Connolly, John.
- Cooney, Joe.
- Crowe, Cathal.
- Cummins, John.
- Currie, Emer.
- Daly, Martin.
- Dempsey, Aisling.
- Devlin, Cormac.
- Dillon, Alan.
- Dolan, Albert.
- Donohoe, Paschal.
- Dooley, Timmy.
- Feighan, Frankie.
- Fleming, Seán.
- Foley, Norma.
- Gallagher, Pat the Cope.
- Geoghegan, James.
- Grealish, Noel.
- Harris, Simon.
- Healy-Rae, Danny.
- Heneghan, Barry.
- Heydon, Martin.
- Higgins, Emer.
- Keogh, Keira.
- Lahart, John.
- Lawless, James.
- Lowry, Michael.
- Maxwell, David.
- McAuliffe, Paul.
- McCarthy, Noel.
- McConalogue, Charlie.
- McCormack, Tony.
- McGrath, Séamus.
- McGreehan, Erin.
- Moran, Kevin Boxer.
- Moynihan, Aindrias.
- Moynihan, Michael.
- Moynihan, Shane.
- Murnane O'Connor, Jennifer.
- Naughton, Hildegarde.
- O'Brien, Darragh.
- O'Callaghan, Jim.
- O'Connor, James.
- O'Dea, Willie.
- O'Donnell, Kieran.
- O'Donovan, Patrick.
- O'Meara, Ryan.
- O'Shea, John Paul.
- O'Sullivan, Pádraig.
- Ó Cearúil, Naoise.
- Ó Fearghaíl, Seán.
- Ó Muirí, Naoise.
- Richmond, Neale.
- Roche, Peter.
- Scanlon, Eamon.
- Smith, Brendan.
- Timmins, Edward.
- Toole, Gillian.
Níl
- Ahern, Ciarán.
- Bacik, Ivana.
- Bennett, Cathy.
- Brady, John.
- Buckley, Pat.
- Byrne, Joanna.
- Carthy, Matt.
- Clarke, Sorca.
- Collins, Michael.
- Conway-Walsh, Rose.
- Cronin, Réada.
- Crowe, Seán.
- Cullinane, David.
- Cummins, Jen.
- Daly, Pa.
- Doherty, Pearse.
- Donnelly, Paul.
- Farrelly, Aidan.
- Farrell, Mairéad.
- Fitzmaurice, Michael.
- Gannon, Gary.
- Gibney, Sinéad.
- Gogarty, Paul Nicholas.
- Gould, Thomas.
- Graves, Ann.
- Guirke, Johnny.
- Hayes, Eoin.
- Healy, Seamus.
- Hearne, Rory.
- Kelly, Alan.
- Kenny, Eoghan.
- Kenny, Martin.
- Kerrane, Claire.
- Lawless, Paul.
- Lawlor, George.
- Mac Lochlainn, Pádraig.
- McDonald, Mary Lou.
- McGettigan, Donna.
- McGuinness, Conor D.
- Mitchell, Denise.
- Murphy, Paul.
- Mythen, Johnny.
- Nash, Ged.
- Newsome Drennan, Natasha.
- Ní Raghallaigh, Shónagh.
- Nolan, Carol.
- O'Callaghan, Cian.
- O'Donoghue, Richard.
- O'Donoghue, Robert.
- O'Gorman, Roderic.
- O'Hara, Louis.
- O'Reilly, Louise.
- Ó Laoghaire, Donnchadh.
- Ó Murchú, Ruairí.
- Ó Snodaigh, Aengus.
- Ó Súilleabháin, Fionntán.
- Quaide, Liam.
- Quinlivan, Maurice.
- Rice, Pádraig.
- Sheehan, Conor.
- Stanley, Brian.
- Tóibín, Peadar.
- Wall, Mark.
- Ward, Charles.
- Whitmore, Jennifer.
Staon
Tellers: Tá, Deputies Mary Butler and Emer Currie; Níl, Deputies Pádraig Mac Lochlainn and Denise Mitchell.
Whitmore, Jennifer.
Amendment declared carried.
Question put: "That the motion, as amended, be agreed to."
The Dáil divided: Tá, 79; Níl, 64; Staon, 0.
Tá
- Aird, William.
- Ardagh, Catherine.
- Boland, Grace.
- Brabazon, Tom.
- Brennan, Brian.
- Brennan, Shay.
- Browne, James.
- Burke, Colm.
- Burke, Peter.
- Butler, Mary.
- Butterly, Paula.
- Buttimer, Jerry.
- Byrne, Malcolm.
- Cahill, Michael.
- Callaghan, Catherine.
- Calleary, Dara.
- Carrigy, Micheál.
- Carroll MacNeill, Jennifer.
- Chambers, Jack.
- Cleere, Peter 'Chap'.
- Clendennen, John.
- Collins, Niall.
- Connolly, John.
- Cooney, Joe.
- Crowe, Cathal.
- Cummins, John.
- Currie, Emer.
- Daly, Martin.
- Dempsey, Aisling.
- Devlin, Cormac.
- Dillon, Alan.
- Dolan, Albert.
- Donohoe, Paschal.
- Dooley, Timmy.
- Feighan, Frankie.
- Fleming, Seán.
- Gallagher, Pat the Cope.
- Geoghegan, James.
- Grealish, Noel.
- Healy-Rae, Danny.
- Heneghan, Barry.
- Heydon, Martin.
- Higgins, Emer.
- Keogh, Keira.
- Lahart, John.
- Lawless, James.
- Lowry, Michael.
- Maxwell, David.
- McAuliffe, Paul.
- McCarthy, Noel.
- McConalogue, Charlie.
- McCormack, Tony.
- McGrath, Séamus.
- McGreehan, Erin.
- Moran, Kevin Boxer.
- Moynihan, Aindrias.
- Moynihan, Michael.
- Moynihan, Shane.
- Murnane O'Connor, Jennifer.
- Naughton, Hildegarde.
- O'Brien, Darragh.
- O'Callaghan, Jim.
- O'Connor, James.
- O'Dea, Willie.
- O'Donnell, Kieran.
- O'Donovan, Patrick.
- O'Meara, Ryan.
- O'Shea, John Paul.
- O'Sullivan, Christopher.
- O'Sullivan, Pádraig.
- Ó Cearúil, Naoise.
- Ó Fearghaíl, Seán.
- Ó Muirí, Naoise.
- Richmond, Neale.
- Roche, Peter.
- Scanlon, Eamon.
- Smith, Brendan.
- Timmins, Edward.
- Toole, Gillian.
Níl
- Ahern, Ciarán.
- Bacik, Ivana.
- Bennett, Cathy.
- Brady, John.
- Buckley, Pat.
- Byrne, Joanna.
- Carthy, Matt.
- Clarke, Sorca.
- Collins, Michael.
- Conway-Walsh, Rose.
- Cronin, Réada.
- Crowe, Seán.
- Cullinane, David.
- Cummins, Jen.
- Daly, Pa.
- Donnelly, Paul.
- Farrelly, Aidan.
- Farrell, Mairéad.
- Fitzmaurice, Michael.
- Gannon, Gary.
- Gibney, Sinéad.
- Gogarty, Paul Nicholas.
- Gould, Thomas.
- Graves, Ann.
- Guirke, Johnny.
- Hayes, Eoin.
- Healy, Seamus.
- Hearne, Rory.
- Kelly, Alan.
- Kenny, Eoghan.
- Kenny, Martin.
- Kerrane, Claire.
- Lawless, Paul.
- Lawlor, George.
- Mac Lochlainn, Pádraig.
- McDonald, Mary Lou.
- McGettigan, Donna.
- McGuinness, Conor D.
- Mitchell, Denise.
- Murphy, Paul.
- Mythen, Johnny.
- Nash, Ged.
- Newsome Drennan, Natasha.
- Ní Raghallaigh, Shónagh.
- Nolan, Carol.
- O'Callaghan, Cian.
- O'Donoghue, Richard.
- O'Donoghue, Robert.
- O'Gorman, Roderic.
- O'Hara, Louis.
- O'Reilly, Louise.
- Ó Laoghaire, Donnchadh.
- Ó Murchú, Ruairí.
- Ó Snodaigh, Aengus.
- Ó Súilleabháin, Fionntán.
- Quaide, Liam.
- Quinlivan, Maurice.
- Rice, Pádraig.
- Sheehan, Conor.
- Stanley, Brian.
- Tóibín, Peadar.
- Wall, Mark.
- Ward, Charles.
- Whitmore, Jennifer.
Staon
Tellers: Tá, Deputies Mary Butler and Emer Currie; Níl, Deputies Pádraig Mac Lochlainn and Denise Mitchell.
Whitmore, Jennifer.
Question declared carried.