THE Minister for Education, Ms Breathnach, said yesterday she wanted to reassure the family of Paul O'Donoghue that the State was not appealing the central element of the High Court judgment that a profoundly handicapped child was educable.
However, she said, in the opinion of counsel for the State and of the Attorney General, the judgment raised issues of general concern. These relate "to the extent to which the courts may determine how the Government should apply public resources. This is a constitutional matter of the utmost importance, having implications for the entire spectrum of State activities".
As such, the Supreme Court should be asked to consider the matter in the public interest.
She said achievements over the past three years in special education had been significant. The pupil/teacher ratio had been halved from 12:1 to 6:1, with a similar improvement in the number of child care assistants for each class.
The services now being made available to these children would not in any way be adversely affected, she pledged.
The State will also argue, in its appeal, that Mr Justice O'Hanlon did not properly interpret the State's constitutional duty in respect of primary education.
The Minister said that since 1993 the number of special classes for children with severe or profound mental handicap had increased from 19 to 55. A further 16 special classes would be established in the next few weeks.