Fine Gael has formally pledged its support for a constitutional referendum to safeguard the rights of people with disability.
The pledge is contained in a letter to the Association for the Severely and Profoundly Mentally Handicapped from Mr Michael Creed, Fine Gael's spokesman on education. It represents a radical change of position for the main Opposition party.
The letter refers to a meeting with two representatives of the association, Ms Marie O'Donoghue and Ms Pat O'Hanlon "prior to Christmas" and discussions regarding a constitutional referendum to "safeguard the rights" of the disabled.
"The issue of a constitutional referendum has been considered at length by me and my colleagues on the Fine Gael front bench and I am pleased to inform you that we are now prepared to support a constitutional referendum in this regard," Mr Creed said.
"The exact wording for insertion in the Constitution will obviously require considerable input from legal experts. Whilst I am aware of your preferred option, 'appropriate to need, irrespective of chronological age', I can assure you that this actual wording will receive serious consideration." The Cork-based association started a "referendum campaign" on July 18th last year, when it wrote to every member of the Oireachtas in search of support for a change to the Constitution
"We wrote to every Minister, TD and senator," said Ms O'Donoghue, "asking them if they would support a referendum to amend Article 42.4 of the Constitution. This amendment would oblige the State to provide free primary education to all persons, appropriate to their needs, irrespective of their chronological age."
The replies they got from Fine Gael TDs and senators indicated that the party did not support their call for a referendum.
It is understood Fine Gael did not want any publicity for its decision to seek a constitutional change to protect the rights of the disabled before it was included in its pre-election policy document.
"On further discussion, and especially in light of the publication of the Education (Disabilities) Bill 2002," Ms O'Donoghue said, "Michael Creed has now given us permission to make public the fact that the Fine Gael party are supporting a referendum for continuing education beyond the age of 18 years."
She said the association considered the Education (Disabilities) Bill, 2002, "not worth the paper it's written on". The right of free primary education was not something "Minister Woods or indeed Minister Martin can bestow on the children of Ireland". The right to free primary education was already enshrined in Article 42 of the Constitution.
The right to early intervention and assessment and access to appropriate education and related therapies was affirmed in the High Court, she added, by the late Mr Justice Rory O'Hanlon, in 1993, in the case of her son, Paul O'Donoghue.