The Government should think again about any intention it might have of pushing through the Oireachtas its Bill on the education of persons with disabilities. The Bill, published last week, represents itself as a step forward for people with disabilities. But it could represent a step backwards.
If the legislation is passed, it will remain on the statute books for some considerable time and it will be extremely difficult to amend. That is the nature of the legislative process.
This is why it is so disappointing to hear the Irish Autism Alliance complain it was not consulted about the Bill prior to its publication. Had parents in the IAA been consulted, they would have told the Department of Education & Science that the right to education should not be limited to those between three and 18 years of age. In the case of many disabilities, including autism, the earlier intervention begins the better. Indeed the UK Mental Health Foundation has recommended that intensive intervention take place in the first three years after autism is diagnosed. And it takes no special expertise to work out that the education of a person with intellectual disabilities is unlikely to be completed by the age of 18.
There is a provision that if it is considered the most beneficial course, the child can stay in school for another year after reaching the age of 18. But this is quite different to a simple, straightforward entitlement to an education after the age of 18. As far as parents are concerned, there are far too many ifs and buts attached to this and other aspects of the Bill. What right do these parents have to be suspicious?
The right derives from the numerous legal actions which parents of autistic children had to launch even to reach the unsatisfactory point which this Bill represents. It derives too from the long struggle of Kathryn Sinnott - who is to be an independent candidate in the General Election - to get an education for her son Jamie who was the subject of High Court and Supreme Court cases last year. It derives from the dedication of those parents who remortgaged their homes to build classrooms in their back gardens for their autistic children and others.
There is no doubt that the Minister, Dr Michael Woods, wants to do the right thing. That may be to take the Bill out of the legislative process until there has been full consultation with the parents.