27th March, 2002
Dr. Henry: Will this definition include children with behavioural problems that might interfere with their ability to gain benefits from the ordinary school programme?
Dr. Henry: We were told this morning that this Bill will be debated in the Dáil tomorrow, but I gather it is not on the Order of Business. As one who has been in this House until 4 a.m. on a previous Bill, is there no way we could postpone any further debate on this very important Bill until tomorrow or next Thursday?
Dr. Henry: I support Senator O'Toole in everything he says. School principals have an enormous amount of work to do as it is. How on earth are they going to be able to get involved in the plan? Many parents may have reason to believe their child is not achieving the goals specified in the education plan and that a review of the plan has not occurred in the previous six months. I suspect a large number of people will request the principal to do this. A huge onus is being put on the principal which will be almost impossible to achieve. The child's plan should be independent of the school and assessing what has happened with the child's plan should also be independent of the school.
Dr. Henry: On a point of information-----
An Cathaoirleach: There is no such thing as a point of information, Senator Henry.
Dr. Henry: May I ask you, a Chathaoirligh, if the health and safety regulations have any effect in this House? As I remember them, a 12 hour shift was the longest allowed for any worker and we have gone 40 minutes beyond that now. Twelve hours was the longest legal shift one could work, but does it apply to the Houses of the Oireachtas?
Dr. Henry: Senator Ormonde, with her experience in education, said it all for me. I have experience of the health boards and this needs definite expansion and clarification so that we are sure we are properly covered.
Dr. Henry: I hope I am not jumping ahead of other business, but I ask the Minister to expand on section 36(3)(b). I am not quite sure what the practical implementation of the advice referred to entails. There is, again, a subsection regarding financial resources.
Dr. Henry: I take the points made by Senator O'Toole. It is very important to have people from the educational sector on this council, but it is also important that people with disabilities are represented.
Mr. O'Toole: Absolutely.
Dr. Henry: The parents of those with disabilities should also be on the board and I will be putting down amendments to that effect on this section. Such provisions may be in the Minister's heart, but we need them in the Bill because its provisions, as drafted, have been very much resented by those who have been in contact with me since the Bill was published 36 hours ago. It is most important that we try to rectify this section.
Dr. Henry: The only comment I want to make is that how ever bad things are in education for people with disabilities, they are much worse in health.
Miss Quill: Yes, it is a tragedy.
Dr. Henry: I had a most unpleasant experience on Monday last when I attended a meeting about medical litigation. A doctor said to me that when they had seen the appalling situation for people with disabilities in this country, they were not at all surprised that people tried to sue to see if anything could be done in the case of birth injuries and if blame could be attached. The parents said there was so little else they could do for their children that they felt they had to take that opportunity. The Minister may think things are bad in education, but they are much worse in health.
Dr. Henry: I also thank the Minister for being so accommodating and helpful this evening, as well as his officials. This has been a disaster area and it is essential that we try to get it as right as we possibly can. One has seen the court cases we have had and the dreadful emotional response there was when people realised how little was being done for people in this area.
The Minister understands why all of us are so concerned that the Bill, which is an excellent framework, should be as good as possible coming out of the Houses of the Oireachtas.
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