I move amendment No. 26:
In page 7, before section 2, to insert the following new section:
"2.—It is hereby declared that in enacting this Act, the Oireachtas has had regard to the following principles:
(a) legislation in the area of education of persons with disabilities must be based on international human rights standards;
(b) the overall objective of such legislation must be equal access to effective and adequate levels of education;
(c) education should be provided within the mainstream education service or in the least restrictive alternative;
(d) education services should be based on an individualised assessment of need;
(e) parental involvement and where possible, involvement of the person with disabilities should be a central element of the process;
(f) delivery of services should be based on the principle of progressive achievement;
(g) a rights-based system of enforceable remedies are an essential component of any system of redress.”.
This amendment arises from the submission by the Human Rights Commission to the committee. It has a statutory function to make recommendations with regard to the rights aspect of legislation and it is important to listen to what it has to say. This suggestion is very practical and goes to the heart of our intentions in the Bill. Essentially, it lays down a set of principles to guide the legislation. No one would object to the general principles, particularly the first, under paragraph (a), which provides that the legislation be based on international human rights standards. We are already required to meet obligations in this area, for example, under the European Convention on Human Rights and the various United Nations declarations, including provisions on standardised rules and so on. All this is happening within a framework of people’s rights at various levels.
One of the major demands of the various organisations that have come together is the implementation of rights-based legislation. They want to ensure that those rights can be vindicated. The last principle in the amendment, at paragraph (g), refers to a rights-based system of enforceable remedies being an essential component of any system of redress. In the submission from the Human Rights Commission, it suggests that these be judicially enforceable. I am not suggesting that, since we have the alternative system of the appeals board, although, ultimately, people also have the right to go to court. That is the only variation I have inserted into the proposal contained in the submission by the Irish Human Rights Commission.
The other principles set out in the amendment are self-explanatory. They include the right to an assessment of need, to parental involvement at all stages, the principle of progressive achievement, the need to ensure that the child is in the least restrictive educational environment, preferably mainstreaming, and that there be general equality of access to effective education. I believe that everyone will agree with these principles. Given that the body that recommended these changes — the Human Rights Commission — has a statutory obligation in this regard, I hope the Minister may be willing to accept them.