School places can probably be found for 106 children with special needs without emergency legislation, Dáil told

School places for some 106 children with special needs can probably be found without the need for emergency legislation, Tánaiste Leo Varadkar has said.

However, Mr Varadkar said such legislation will be brought in if necessary.

He made the remarks in the Dáil as opposition politicians criticised the situation which sees families uncertain as to whether or not there will be a place for their child this September.

There had been indications that legislation, which was being developed by Minister for Education Norma Foley and Minister of State for Special Education Josepha Madigan, was to be fast-tracked to Cabinet next week.

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The goal of the legislation would be to update section 37A of the Education (Admissions to Schools) Act 2018, under which the Minister can serve a notice on a school mandating that they make an additional provision for children with special educational needs.

However, Mr Varadkar’s remarks suggest the Government believe this will not be necessary to solve the problem this year.

Sinn Féin TD Pearse Doherty raised the issue in the Dáil saying the Ombudsman for Children Dr Niall Muldoon had released a “scathing” report on the Government’s failure of children with special needs which was found to amount to “discrimination”.

[ Special needs pupils without school places are being ‘failed’ by department, says children’s ombudsman ]

He said there are parents today that do not know if their child will have a place in a school this September and that it is “scandalous” that they are being treated in this way.

Labour Party leader Ivana Bacik said the issue of securing appropriate school places is causing “immense anguish and frustration” for parents with as many as 15,500 children having to travel outside their local catchment area every day because there is nowhere available in their community.

Mr Doherty said the section 37A process needs to be shortened and he asked if the Government will pass emergency legislation to make sure that happens, pledging Sinn Féin in achieving that objective.

Mr Varadkar said the Government accepts the criticisms in the ombudsman’s report.

He set out the Government’s support for children with special needs including how a quarter of the education budget is devoted to them.

However, he said: “I absolutely appreciate that that is cold comfort – indeed no comfort at all – to families and children who don’t have a place for September.”

Mr Varadkar said Ms Madigan is “redoubling her efforts with her department to make sure this is sorted out in the next few weeks so that parents have peace of mind that their child will have a place in school in September, and that’s absolutely what we’re working towards.”

He said there are no plans that he is aware of for any special legislation.

Mr Doherty said he was surprised by this, saying: “I think this highlights the fact that Government aren’t talking to each other. Minister [of State for Special Education Josepha] Madigan is on the record saying that she had spoken to the Attorney General in the context of emergency legislation.”

“We need emergency legislation.”

Mr Varadkar welcomed Sinn Féin’s offer of co-operation on this, but said: “I think we’ll probably be able to find places for those 100 children or so without the need for legislation. But if legislation is required to do that, well then it should be done.”

The Labour Party later introduced a proposed Bill in the Dáil which Ms Bacik said will “create a coherent framework for addressing the needs of children with autism”.

She said: “The need for this sort of legislation has become patently clear in recent weeks and months. But it’s been clear for a long time to the parents of children with autism who’ve been waiting for so long to see proper and effective provision made for their children.”