A petition by the Association for Severely and Profoundly Mentally Handicapped in Cork asking the Minister for Education not to appeal the High Court judgment that such children were entitled to an education has received strong public support.
The association has collected more than 2,500 names, appealing to Ms Breathnach to drop her appeal against the High Court case. Association secretary Mrs Pat O'Hanlon said. "They cannot understand why [the Minister] introduced free third level education at a cost of £43 million when she cannot find the money for those most needing of education."
The State claimed that profoundly and severely handicapped children were not capable of being educated when Mrs Marie O'Donoghue brought her case to the High Court claiming its attitude was unconstitutional. Mr Justice Rory O'Hanlon in 1993 agreed with her and in his ruling set out the type of education these children were entitled to.
The Department has said it is pursuing its appeal because of what it sees as an over detailed judgement. "The judgement raises issues of more general concern, primarily to do with the separation of the powers of the executive and the judicial arms of government", according to a statement. The appeal will be heard this autumn.