A bill which gives improved legal rights to those with special educational needs was agreed by the Cabinet yesterday.
In light of the Supreme Court judgment in the Sinnott case, the Bill gives new educational rights to those aged 18 and over.
But it is clear the Government remains opposed to a constitutional referendum on educational special needs along the lines favoured by Ms Kathryn Sinnott and other campaigners. Government sources say experience in other countries shows that legislation of the type agreed yesterday gives "cast-iron" guarantees.
The Sinnott case caused a furore because it said that only people up to the age of 18 had an automatic right to a full primary education.
The new Education (Disabilities) Bill provides a statutory guarantee of education services for people with a disability. It is seen as part of the Government response to the recent Task Force on Autism which demanded stronger legal guarantees.
In practice, the Department of Education will, under the Bill, be obliged to make appropriate special needs education available for all adults with disabilities, if this is viewed as beneficial. There will also be an explicit statutory obligation on health boards to ensure the best care and personal development of these adults.
There will be a new statutory duty to provide for the continuing education of adults who are not capable of joining the world of work. And, crucially, the development of the potential of such adults will not be limited by age, according to the Bill.
Last night, the Minister for Education and Science, Dr Woods, said: "This Bill will provide a clear and enforceable statement in law of the rights of children and adults, who because of disabilities have special needs, and put in place a statutory structure which will guarantee that education to them".
The Bill, he said, enshrines "the principles on which our education system is based and copperfastens the guarantee of access to that system for all those with disability, children and adults alike".
The Bill also provides for:
A register of children with special needs;
Education plans tailored to the disabilities and educational needs of each individual;
Involvement by parents in the planning and ongoing review of their children's education;
Mediation and appeals structures;
The establishment of a National Council for Special Education as a dedicated statutory body with responsibility for ensuring the aims of the Bill are met;
New statutory duties on health boards to provide assistance and services necessary for the education of children with special needs. The Bill incorporates many of the elements demanded by the task force.
Its report was highly critical of the manner in which parents were often routinely excluded from decisions about the education and/or treatment of children.
Government sources insisted the new Bill was not a response to the Sinnott judgment but part of its overall commitment to people with special needs. However, the Government will hope the Bill dampens public unease about the Sinnott case and its implications.