I propose to take Questions Nos. 270 and 271 together. Any internal documents relating to the exhibition of evidence to the High Court constitute communication between my Department and its legal team, in the context of litigation and, as I have already advised, such communications are the subject of legal professional privilege. I previously advised the Deputy that the model documentation was primarily internal. In the case of each of the ASD classes currently operating throughout the country, they were opened with the direct support of the NCSE/SENO and/or the Inspectorate and/or the relevant NEPS Psychologist. Through the proviso of this direct support, each school received the advice and guidance necessary to assist them in the development of their units. It is not possible to say whether an individual school received documentation as part of the support and guidance provided by either NEPS or the Inspectorate when their ASD unit was opened. However I also advised the Deputy previously that the model concept in question was not disregarded, rather the scenarios described by the models were simplified. Elements of teaching frameworks, whole school training and the extended school year remain features of current provision. I previously advised the Deputy that the discontinuation of the model concept in favour of the mainstream, special class and special school provision did not materially alter the provision being made for children with autism. As previously outlined the NCSE is currently developing policy advice on the education of children with autism. I specifically requested the NCSE to consult as widely as possible in the preparation of the advice as it presents an opportunity for all interested parties to contribute to the final advice document which will assist in the development of policy in my Department for future years. The terms of reference for the policy advice are on the NCSE website www.ncse.ie and will address many of the issues raised recently by the Deputy. Finally it should be noted that the decision of the court in the case to which the Deputy has referred was to the effect that, the decision as to what model of education contained within it the ability to provide an appropriate education was a responsibility of the Minister under the constitution and that the Minister had made this decision having taken advice. This is clearly an ongoing responsibility and the changes which have taken place since this finding and which may take place as a consequence of the forthcoming NCSE policy advice are entirely consistent with the court's findings.
