I welcome the Minister to the House. Before I call Senator Harmon, I welcome former Senator and leader of the Labour Party, Ivana Bacik, to the House along with Deputies Lawlor, Nash and Sheehan. They are most welcome to the Distinguished Visitors Gallery, where they should be, of course. I also welcome guests of Senator Harmon, who are in the Gallery for this debate.

I move: “That the Bill be now read a Second Time.”

I second.

Is Senator Harmon sharing time?

Yes.

Is that agreed? Agreed.

I thank the Cathaoirleach and welcome the Minister, Deputy Naughton, to the Seanad this evening. I am delighted to bring the Education (Leave for Injuries) Bill to Second Stage tonight in the Seanad. It has been a long process to even get it to this point. I believe the Government will not be opposing the Bill on this Stage. I am thrilled about that and I know the campaigners in the Gallery are really delighted about this too because we have been waiting for progress on this for a long time. It really is welcome. We need to work together across this House in order to get a resolution here. This is one step along the way.

As the leader of the cross-party group in the Seanad of the Labour Party, Social Democrats and the Green Party, and with colleagues Senators Nessa Cosgrove, Malcolm Noonan and Patricia Stephenson, I are delighted to bring forward another Bill to the House. We have been very practical in all the proposals we have brought forward. This was in the Labour Party manifesto in 2024. We were the only party to have this in our manifesto at the time so I am really thrilled to be able to follow through on action in relation to this.

I have many people to thank but first I want to talk about Sophie Cole, who is in the Gallery, and her husband, Shane O'Brien.

I first met Sophie and Shane in November 2024 in their kitchen of their home in Carrigaline in County Cork. I could not believe it when Sophie outlined her story to me regarding what had happened to her in terms of an injury sustained in the classroom. Sophie is a special education teacher. Unfortunately, she was left without adequate supports. Once her assault leave pay ran out, she was left without support from the State for a long period. This was a huge financial burden on Sophie, and it was also a huge shock to her. There was a significant lack of information around the process and the supports that were available. Sophie has spoken about how hard it was to get information and answers on this. It is great to see that we are at the stage where there is real progress happening in respect of this issue. I really want to thank Samantha O'Flanagan from Fórsa, who is here with Andy Pike. This legislation was created with Sophie, with Fórsa and with the Irish National Teachers Organisation, INTO. David O'Sullivan from the INTO is also here this evening.

Colleagues in Cork were really supportive of this, including the Ministers of State, Deputies Jerry Buttimer and Michael Moynihan, and Deputy Séamus McGrath. Councillors Jack White, Ciara O'Connor and Peter Horgan were essential. I have also had loads of conversations with Senators Anne Rabbitte and Margaret Murphy O'Mahony. I want to put that on the record because I believe we can work together on this. There are a lot of public representatives in the Oireachtas, but we are not the only public representatives in Ireland. There are also public representatives who are outside of electoral politics. People like Sophie Cole are public representatives. She has taken on an issue and championed it because of her experience. She is being obliged to tell her story again and again. She was on Ireland AM just this week. The programme attracted nearly 1 million views. Sophie has been her story consistently, even though she is in extreme discomfort a lot of the time with complex regional pain syndrome, which she suffers as a result of her injury. She is doing this at huge personal cost, and that needs to be acknowledged. Whatever happens down the line in terms of the final legislation, I suggest that the ownership belongs to the teachers and the SNAs who are directly affected. I propose that it should be named after Sophie in terms of her campaign. Perhaps calling it Sophie's law might be appropriate. I want to put that suggestion on the record. Ultimately, Sophie set up a campaign page and she has received messages from thousands of teachers and SNAs across the country recounting their personal experiences about injuries that happened to them in the classroom.

What will the Education (Leave for Injuries) Bill 2025 do? It will ensure that the current assault leave circular would be amended and that paid leave would be granted for the duration of the period for which someone is medically certified, and that immediate costs would be covered should a teacher or SNA experience an injury in work. We are moving away from the language of assault. Sophie and all the teachers and SNAs I have spoken to will say that we are not apportioning any blame to students or children here. These are not premeditated acts . The Bill will provide for early retirement provision in cases of long term or permanent incapacity to return to work. The scheme must be agreed by trade unions, which is essential as part of this, and the teachers and SNAs would be treated the same under any scheme so that there would not be any differentiation in relation to that.

I want to read out some anonymous comments and messages that I have received. These are personal stories from teachers and SNAs who are affected. There are many. We know from research by the INTO last year that over 1,700 people have availed of the assault leave scheme. At the end of 2025, I think 97 had been out of work for longer than the period for which they were medically certified. This issue affects a large number of people. These are just the ones who have come forward and talked about what happened. There is a lot of stigma in relation to it as well. People are afraid to tell their stories. I will just read out the messages. I will not attribute any names. The first states:

While working in an autism class I was headbutted in the mouth and as a result have a fat lip. Additionally, in last school year I ended up needing a tetanus injection due to a bite that broke the skin. These, along with many other daily injuries, occur and we keep going to work to help and support these children. We are not asking for anything other than support for the teachers and SNAs who most need it: those injured who cannot return to their job that they love due to their injury ...

The second states:

I am working as an SNA since 2002. In 2021 I was injured at work resulting in a fractured shoulder. Since then I have had two shoulder operations and a third one which entailed a full reverse shoulder replacement. In this time I could only avail of 12 weeks assault leave for initial fracture recovery. Three operations later I have had to use all of my sick leave ...

The third states:

I myself am currently on injury leave, presently unpaid and losing vital pension contributions as a result. I have been unable to work since 2023 and have been receiving extensive medical treatments, including extremely painful spinal surgery in October last, from which I am currently recovering with ongoing physio for the foreseeable future. Injuries leave pay and sick leave entitlements have all since been exhausted but I am still on medically certified leave and I am being treated by the Department as if I am on unpaid leave. This is grossly unfair given that I was injured while doing my job ...

The fourth states:

I have 13 years post-qualification experience. I have dedicated the past ten years to special education working in special education classrooms for students with autism. I really enjoy and love my job. Earlier this year I was injured in the classroom. I had instant pain in my arm. I took assault leave and went to the emergency department. The X-ray was clear yet the swelling and pain was very significant. I continue to experience horrific pain that led my GP to order an MRI. More than seven weeks after the incident a private MRI revealed a slight dislocation of my wrist, two partial ligament tears, cartilage damage and possibly instability in the joint. My GP and Medmark have stated I am unfit to work. I am the mother of two children under the age of four so this injury is having an enormous impact on me and my home life ...

These are just some examples. I am sure the Minister has heard them as well. We have had multiple emails from members of the public who have told us their very personal stories. This is happening. We have to deal with the reality of what is happening in our classrooms. Schools need to be safe for all the people in them, namely those who work in them and students.

What really struck me when I met Sophie Cole and her husband Shane O'Brien for the first time was that he is a firefighter. He said that he would expect some level of danger in the job he does but that he never would have thought that his wife would be at risk going to school every day as a special education teacher. He said he was worried about her going to school and that something was going to happen, and something did happen unfortunately.

This is where we are with the campaign. It is a huge achievement for it to reach Second Stage. We genuinely appreciate the Minister's support. I know that she is keen to work with me and others across this House. The Minister met Sophie and Shane earlier. I know she Minister is committed to this. We need to ensure that this happens and that we can improve the lives of so many across the country. We are losing SNAs and teachers from their professions. Some are moving abroad. We need to ensure that the professions are as attractive as possible to enter and that we properly support those who work them. Those to whom I refer are predominantly female, but this obviously affects both women and men. We need to ensure that the Bill moves to Committee Stage, at which point there can be a full debate on it and on any amendments tabled. The most important thing is that we make sure the Bill progresses and is passed.

I just want to acknowledge those in the Public Gallery, many of whom are SNAs and teachers. I thank them for the work they do. That work is vital. All of the work that Sophie, Samantha, the INTO and Fórsa have put into this legislation cannot be understated. This Bill does not belong to any particular party or individual: it is about the teachers and the SNAs. Ultimately, Sophie has been an absolute champion in relation to it. I also acknowledge my colleagues in the Labour Party, namely Deputies Conor Sheehan, Ged Nash and George Lawlor, and our leader, Deputy Ivana Bacik.

This is really important to us in the Labour Party. It is a workers' rights issue and an education issue. We are the party of workers' rights and we want to make sure this happens.

Cuirim fáilte roimh an Aire. It is great to have her here and I thank her for her proactive approach to the Bill. It is great that she will allow it to pass Second Stage. I know how hard Senator Harmon has worked on this legislation and it is an absolute privilege for me to have met Sophie and Shane to hear their story. Sophie is a true inspiration. I am fully in support of calling it Sophie's Law when it is enacted. I welcome and thank all of the SNAs from Fórsa and the teachers from the INTO. Without their support, this Bill would not have got this far. I know the Minister has engaged proactively with the union representatives as well. I welcome my Labour Party colleagues to the House because, as Senator Harmon said, this is a workers' rights issue.

Since this the debate on First Stage, I have been contacted by teachers and SNAs from all over my constituency. I spent a long time working in schools. The common thread is that SNAs and teachers love their job. That is very clear. It is a great idea that the name will be changed because teachers and SNAs do not want to blame anyone. I will relay the experience of a home economics teacher from my constituency. She has a very similar story to Sophie and she has given me permission to speak about it today as well. She stated:

Last February, I was assaulted by an adult autistic student in the classroom. I suffered a blunt force trauma to my right wrist. I was in horrific pain. The next day, I attended accident and emergency in Letterkenny, was x-rayed and put in a splint.

The teacher went on to explain that, thanks to the excellent care of her GP, she had an MRI which showed ligament and cartilage tears and a partial bone dislocation. Following steroid injections into the joint and surgery to repair a large tear, it was hoped that the dislocated bone would relocate when the inflammation subsided. Despite six months of physiotherapy, the pain and lack of wrist function continued. One year on, the ulna bone is still out of position, fluid and inflammation are still present, a tendon is inflamed and possibly out of position and wrist ligaments are showing chronic tearing. Another operation is scheduled for this March to cut nerves to the wrist. If that does not reduce the pain, a third operation to fuse the bones together will be required. This operation is a last resort and is normally reserved for elderly patients, as it will cause a significant reduction in wrist mobility. Following her six months' assault leave and 50 days of sick leave, she returned to work on limited duty, unable to do the home economics classes she loved, as she remained unable to lift, cut and sew as a result of the assault. Remaining on sick leave was not an option. Being on half pay meant she could not meet her young family’s needs. To finish in her own words:

I have been eating pain killers and in constant pain since I went back to work. I will have to use my own sick leave again, and possibly go to half pay, for my operation next month. I have medical bills of €2,200, as well as 4,000 km of mileage from seven round trips to Galway.

As well as the medical expenses and loss of earnings mentioned, this teacher has experienced other financial losses as she is unable to complete State examinations work, which she always did. On a number occasions, she had to stay overnight in Galway. The teacher reached out after she heard about this legislation, which shows how important it is. She is one of many. We all know it is impossible to completely remove the risk of an injury occurring in a school environment but we can put in place systems that support educational professionals following an incident which leaves them in need. Senator Harmon's Bill does this.

I thank the trade unions again for how much work they put into the Bill, which will recognise the duty of care the State has towards education providers. For too long, educational professionals have been left to deal with the consequences of an incident on their own. The Bill addresses this. I thank Senator Harmon, Sophie and all of the SNAs and teachers who educate our children as best they can and for which our country is so well renowned.

I welcome the Minister, Deputy Naughton, to the Chamber. I especially welcome Sophie, Shane and everybody in the Gallery. Senator Shane Curley cannot be here this evening, so I will speak on this topic. The Senator was a teacher prior to his election last year and I spoke to him while preparing these words in order to benefit from his extensive experience in the sector. I have also spoken to teachers and SNAs, particularly those in special education settings. The picture they describe is clear: the demands of the job have intensified and the number of incidents involving injury to staff has increased significantly in recent years.

We are talking about professionals who go to work every day to support children, many of whom have complex additional needs, and do so with enormous dedication and compassion. We must also acknowledge the difficult truth that injuries occur, including bruising, biting, hair pulling, physical strikes and, in some cases, far more serious harm requiring hospital treatment. For a small but important number of staff, the consequences are not short term. Some are living with long-term or even permanent injuries. Others experience psychological trauma, including anxiety and post-traumatic stress, whether from being assaulted or witnessing serious incidents involving colleagues.

This debate is not about blame. The vast majority of educators are deeply committed to the pupils they support. They are the first to say that children, particularly those with additional needs, must never be stigmatised. However, recognising the complexity of the classroom cannot mean minimising the impact on staff when injuries occur.

The existing leave of absence following assault scheme provides three months, or 92 days, of paid leave in a rolling four-year period. It is extendable, in exceptional circumstances, to a maximum of six months, or 183 days, at full pay. Any additional absence reverts to the sick leave scheme. When introduced, this was a meaningful recognition that assault-related injury is not ordinary illness. However, concerns have been raised that the fixed time limits do not always align with medical certification. If a staff member is medically unfit to return to work beyond the current threshold, there is an argument that paid leave should reflect the full certified recovery period, rather than automatically reverting to standard sick leave provisions. There is also the issue of immediate costs. At present, the scheme does not cover medical expenses arising from an assault. Many believe that where an injury is sustained in the course of employment, the injured staff member should not be left covering upfront medical costs. In addition, there is a strong case for ensuring structured access to psychological and specialist supports as a core part of the response, not simply as an add-on.

Another consistent concern is parity between teachers and SNAs, as SNAs, particularly at primary level, are frequently at the front line in supporting pupils with high care needs. Any scheme must treat teachers and SNAs equally and transparently. The principle of equal treatment is fundamental. There is also the difficult question of long-term incapacity. In rare but serious cases where a staff member cannot return to work due to permanent injury, early retirement provisions may need to be examined to ensure fairness and dignity. These are not radical proposals. They are grounded in workplace equity.

Recent publicly reported data indicates a significant increase in assault-related leave in recent years, including a marked rise since 2022 and hundreds of cases in a single year. That trend demands a measured response. It is important to remember that boards of management are the legal employers of teachers and SNAs and have statutory obligations under the Safety, Health and Welfare at Work Act 2005. Risk assessments, safety statements and preventative measures must remain central. The Health and Safety Authority has oversight responsibilities in this area. Alongside this, the occupational health strategy, including the 24-hour employee assistance service and access to counselling, provides important supports. However, the existence of support structures does not negate the need to review whether the assault leave scheme itself remains fit for purpose.

Fianna Fáil will not oppose this Bill because it provides an opportunity to review and, where appropriate, strengthen the framework. The Department has already commenced a review of the scheme in consultation with education partners, including unions and management bodies. Any changes must be agreed through that process and approved within the public expenditure framework. That is responsible governance. Responsible governance also means listening, examining the evidence and ensuring that policy reflects the lived realities in schools today. If paid leave needs to align more closely with medical certification, that should be examined. If medical costs require clearer coverage, that should also be examined. If psychological supports need stronger statutory footing, that needs to be done. If language within the scheme can be improved to better reflect compassion and dignity, that too should be examined.

Our teachers and SNAs work in increasingly complex environments. They do so with professionalism, patience and care. When they are injured in the line of duty, fairness must be the guiding principle. This Bill allows us to have that discussion in a structured way. It allows us to consider whether the balance between protection, sustainability and prevention is correctly struck.

Fianna Fáil will engage constructively. We will not oppose the Bill and we will work to ensure that any changes strengthen both staff protection and the integrity of the education system as a whole. Supporting educators when they are harmed while doing their job is not controversial; it just must be done.

I welcome the Minister once again to this Chamber. I welcome the opportunity to speak on the Education (Leave for Injuries) Bill 2025. I acknowledge Senator Harmon and her colleagues for their work and the care and commitment that has clearly gone into bringing this legislation forward. It is evident that this Bill is rooted in real experiences and genuine engagement with those working on the front line of our education system.

I also want to recognise Sophie Cole and her husband Shane O'Brien for their advocacy and for sharing their story with such courage and dignity her tonight and over the last couple of months. It is never easy for families to relive traumatic experiences in the public sphere but their willingness to do so has helped to shine a light on the realities faced by some education staff and has helped drive this conversation forward. I must acknowledge it was 25 February last year when Senator Harmon raised this first in the Chamber. It is good to know she has been able to deliver this Bill within that 12 months. I also acknowledge David O'Sullivan from the INTO and Samantha O'Flanagan from Fórsa for their input into this process.

Teachers and SNAs play a vital and irreplaceable role in our society and I acknowledge all the SNAs and teachers who are present here tonight. They educate, they support, they protect and they advocate for young people, often going far beyond what was written in any job description. SNAs provide essential care and support to children with additional needs and complex needs, ensuring they can participate fully in education. Teachers shape not just academic outcomes, but confidence, well-being and the opportunities for our next generation. Who would not want to do more for teachers and SNAs when we hear some of the real life experiences they have shared in recent years. The stories of physical injuries, psychological trauma and long recovery periods are deeply concerning and no worker should feel unsupported or uncertain about their entitlements if they are injured while simply doing their job.

I acknowledge the examples that were read out earlier on. We have all received numerous correspondence from a lot of teachers, SNAs and members of the public. I wish to recognise some of those contributions as well. One email I received stated:

In the course of my work, I have experienced bites, kicks, and punches from students. While I remain fully committed to supporting the children in my care, I go to work each day with a genuine worry that today could be the day that I sustain a serious injury, the possibility that I could be unable to work and unable to support my own family once my leave is exhausted due to work related injury. It is a constant source of stress.

Another piece of correspondence said:

I work in a school where health and safety is paramount, but dealing with challenging behaviour is becoming increasingly problematic. I have seen it first-hand the harm and hurt that can be caused, not on purpose by the child, but leading to staff absences and in some cases ongoing trauma.

It is right that we look seriously at how we support education staff who are injured in the course of their duties and it is right that we examine whether existing schemes are fit for purpose. It is right that we ensure there is clarity, fairness and consistency in what supports are delivered. For that reason, we are not opposing this Bill tonight. However, it is also responsible that any legislation of this scale is carefully examined in full and I am sure the Minister is committed to working constructively with all parties, with the unions and with the advocates to ensure that the final legislation is as strong and workable as possible. It is important that we fully explore any unintentional consequences that may arise and carefully consider the potential associated costs, both financial and operational, to ensure that whatever framework is put in place is sustainable into the future.

Ultimately, we all share the same goal: safe schools, supporting staff and the best possible outcome for students. If we keep that shared objective at the centre of our work, I believe we can strengthen this legislation and deliver a meaningful, lasting protection for those who dedicate their working lives to educating and caring for our young people.

I thank Senators for the opportunity to speak today and respond to the Education (Leave for Injuries) Bill 2025, which has been proposed by Senators Laura Harmon, Nessa Cosgrove, Patricia Stephenson and Malcolm Noonan, and indeed the many Senators across the House who have raised this important issue with me in recent weeks and months.

Before I begin, I want to express my own personal thanks and gratitude to Sophie, who is in the Visitors' Gallery today. Sophie has been steadfast in her campaign for better conditions for teachers and SNAs who may have suffered an injury in the classroom. I had the honour of meeting Sophie and her husband, Shane, earlier today. Hearing their experiences at first hand has only reinforced my commitment to working with Sophie, alongside teachers and SNAs across the country, with a view to making life easier for those who are out of work as a result of an injury, and to ensure that we are responding with fairness and understanding while we do that. For example, Sophie, and indeed others, have rightly highlighted that is not fair that an injured person should bear the medical burden of treatment in the aftermath of a school-based injury, only for those costs to be later recouped through the school’s insurance. To that end, I have tasked my Department to examine options to ensure that access to treatment and support is provided without delay or financial hardship.

At the outset, I wish to acknowledge the vitally important and challenging role that SNAs, teachers and school staff play in helping to educate our young people and equip them with the learning and skills they need to thrive in adult life. Every day these dedicated staff work with children and young people from all walks of life and from every background in schools across our country. Some young people face challenges that others do not. Some require little or no support, and others more. However, the nearly 1 million pupils in our primary, post-primary and special schools are lucky to be assisted by these dedicated, hard-working professionals. Their work means that the vast bulk of young people have a positive school experience. However, unfortunately, there are incidents whereby during the course of their work, teachers and SNAs may incur an injury requiring an absence of leave in order to recover.

I appreciate that this Bill has been drafted with the very best intentions for teachers or SNAs in an approved position of employment in a recognised school to establish standards for any scheme providing for leave of absence from work following injury. I wish to take this opportunity to acknowledge the work of the Senators in relation to the proposed Bill.

The Government and my Department recognises that any injury received by a teacher or SNA in the course of their duties has the potential to have a significant impact on them, both physically and mentally. I also fully appreciate that in the vast majority of cases, any injury unfortunately suffered by a teacher or SNA in the course of their work is not intentional and that using the word "assault" in this context is problematic. I agree with Senators that the more appropriate term in this context is "injuries", rather than "assault".

I wish to take this opportunity to outline the measures in place to help avoid injury to any teacher or SNA and highlight the resources in place to assist those may require assistance. A key focus for my Department is equipping teachers and SNAs with the training and tools to help them de-escalate situations which put them and the young people in their care at risk. There are a number of documents available around managing behaviours of concern in schools. In December 2024, the Department of education published the guidelines entitled Understanding Behaviours of Concern and Responding to Crisis Situations in Schools. The National Council for Special Education has published Relate, which is a regulation framework for schools. Separately, Tusla’s education support service, TESS, will shortly publish updated guidance for schools on codes of behaviour. The three documents have a strong focus on prevention, early intervention and de-escalation strategies for the management of behaviour generally.

To support the introduction of the guidelines on behaviours of concern, all schools were enabled to attend in-person information sessions in education centres around the country. More of these are planned. The NCSE also procured specialist, bespoke training for special schools and approximately 70 of these schools have availed of this support to date. This training will soon be available to mainstream schools. In addition, the National Council for Special Education is currently providing sustained support on behaviour to 85 special schools. The NCSE also provides seminars and training to support schools and the training available on the Relate framework is proving to be very well received.

NEPS, the inspectorate and the NCSE’s behaviour service have developed a training programme for primary teachers which was delivered over summer 2025 and will be available again in the summer of 2026. The focus of the course was, first, on the guidelines on behaviours of concern, second, the NCSE’s Relate framework and, third, TESS’s code of behaviour guidelines. Some 100 teachers attended the programme and rated it as being an excellent support.

That said, there are situations where, despite the best efforts of all concerned, a teacher or SNA can suffer an injury during the course of his or her work. To assist these school staff, there is an existing robust non-statutory leave of absence following assault scheme for both SNAs and teachers and an occupational injury scheme for teachers. Both schemes were negotiated through established industrial relations mechanisms in conjunction with the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation. These schemes provide leave entitlements for three months, or 92 days, at full pay in a rolling four-year period. In exceptional cases, such as where a significant period of hospitalisation is required or in situations of a second or subsequent incident of assault, or injury in the occupational injury scheme, the leave may be extended for a further period not exceeding three months at full pay, subject to an overall limit of six months at full pay in a rolling four-year period. Currently, once the leave entitlement has been exhausted, the teacher or SNA may be able to access the sick leave scheme. In the event of a long-term sick leave absence, the teacher or SNA can avail of temporary rehabilitation remuneration for extended absences and, in the event of long-term injury, can apply for the existing ill-health retirement schemes. It is important to note that in the case of the leave of absence following assault scheme, the scheme does not require that there be an intent to cause a physical injury, merely that there was physical contact from a third party which caused a physical injury to the teacher or SNA. Regarding the occupational injury scheme for teachers, this scheme covers teachers who are physically injured due to an accident in the actual discharge of their duties, including approved school activities, which are not due to negligence on the part of the teacher and by some injury solely attributable to the nature of their duty.

In addition to these schemes, an occupational health strategy is also in place as a supportive resource for staff and leaders in schools. The aim of the occupational health strategy is to promote the health and well-being-----

I am sorry to interrupt the Minister. I know she can hear the bells for the vote. I am not sure whether she is paired.

I am told am I am okay to stay here.

Okay, then we will continue. If the Minister says we are okay, then we are okay.

I thank the Cathaoirleach. He is very diligent. This is important.

The aim of the occupational health strategy is to promote the health and well-being of employees in the workplace, with a strong focus on prevention. The occupational health strategy comprises the employee assistance service, EAS, and the occupational health service. The employee assistance service is provided by Spectrum Life and is a self-referral service where school staff have access to a dedicated freefone confidential helpline. The service is available 24 hours a day, 365 days a year. The employee assistance service provides advice to all school staff on a range of issues, including well-being, bereavement, conflict and mediation. Where appropriate, short-term counselling sessions are available to staff and their family members. In circumstances where short-term counselling is determined to not be clinically appropriate, the EAS provides for interim counselling sessions while the staff member or his or her family member are awaiting engagement with specialised or open-ended services to ensure the individual feels supported and guided during the waiting period.

Regarding this Bill, I absolutely believe the intention of the legislation is good. However, having read the Bill, it would be remiss of me not to highlight a number of issues and unintended consequences that would arise if the Bill is enacted as it currently stands. In the first instance, the Bill introduced would override the current leave of absence following assault scheme, which is in place for both teachers and SNAs, and the current occupational injury scheme in place for teachers. As previously mentioned, both of these schemes have been negotiated with education partners through the established industrial relations process in conjunction with the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

As the Senator has described, the Bill seeks to apply, among other provisions, to any scheme that is, or is to be, maintained by the Minister for Education and Youth providing for leave of absence from work following injury suffered by a teacher or SNA who is employed in an approved position of employment in a recognised school, to include: provision for immediate financial assistance to cover the medical and ancillary expenses of the teacher or SNA; subject to any relevant provisions, provisions for paid leave of absence from work for the duration of any period in respect of which a medical certificate signed by a registered medical practitioner is provided stating that the teacher or SNA is unable to return to work as a result of the injury concerned; and to provide for early retirement in cases of long-term or permanent incapacity to return to work. The Government does not oppose the reading of the Bill at this Stage but has concerns with a number of the proposed provisions.

In particular, it is important to note the following: section 24(3) of the Education Act 1998, as amended, states:

The terms and conditions of employment of the teachers and other staff of a recognised school, appointed by the board and who are, or who are to be, remunerated out of monies provided by the Oireachtas, shall be determined from time to time by the Minister, with the concurrence of the Minister for Public Expenditure and Reform.

Amendments to the terms and conditions of employment of teachers and SNAs should be sought and negotiated via existing industrial relations mechanisms that have been set up in the education sector as detailed in section 7(4)(b) of the Education Act.

A number of industrial relations mechanisms have been established in the education sector. For teachers, this is done through a scheme of conciliation and arbitration for teachers, that is, the Teachers Conciliation Council. This scheme is not set out in statute. The purpose of the scheme is to provide a forum for Government, the managerial authorities of national and second level schools and the teacher unions for dealing with claims and proposals relating to the salaries and conditions of teachers and other specified education grades. This scheme is chaired by the Workplace Relations Commission, WRC. If unresolved, matters can be referred to the arbitrator or adjudication board appointed under the terms of the scheme.

For SNAs, the SNA IR forum was established to provide a mechanism for the parties to engage bilaterally and to avoid, to the best extent possible, issues escalating to the industrial relations machinery of the State, namely, the WRC or the Labour Court. The SNA IR forum is underpinned by agreed terms of reference and is managed within the Department. Members of this forum include trade union officials, officials from school management bodies and officials from my Department. If matters cannot be resolved bilaterally, they can be referred to the Workplace Relations Commission and, potentially, the Labour Court.

The introduction of this Bill would be contrary to the provisions outlined and seeks to amend the terms and conditions of employment of teachers and SNAs by means of the introduction of this Bill, rather than via the existing industrial relations mechanisms in place. In addition, changes to non-statutory terms and conditions, such as the leave of absence following assault scheme and occupational injury scheme, can only be introduced through centrally agreed industrial relations agreements agreed between the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation and the Irish Congress of Trade Unions. The existing agreement also contains a clause that unions will not submit cost-increasing claims during the lifetime of the current agreement. The provisions the Bill is seeking to introduce are significantly cost-increasing. For example, it proposes: expanding the provisions of the existing leave schemes as regards the period of paid leave of absence; extending the definition of an injury to include mental illness or injury - it should be noted that this provision is not provided for in any similar public sector scheme; extending provisions for injuries suffered other than those injuries currently covered by the leave of absence following assault scheme to SNAs; and the provision for immediate financial assistance to cover the medical and ancillary expenses of the teacher or SNA. The Bill also does not distinguish between who is the employer of teachers and SNAs. This is a key issue with the proposed Bill as it does not acknowledge the existing role of the employer in the proposed scheme as noted in primary legislation.

Finally, the introduction of this Bill in its current form would likely see other unions throughout the Civil Service and public service seek to make amendments to the terms and conditions of the employees they represent through the introduction of other Bills, further undermining the existing industrial relations processes and the provisions of any nationally agreed public pay agreements. This is a Government that engages with education partners through the established IR mechanisms and within the terms and conditions of the agreed public sector pay agreement. As I said from the outset of my contribution tonight, and as I said to Sophie and Shane earlier, both I and Government are committed to doing what we can to support teachers and SNAs who may have been injured in the classroom. This is about ensuring that our response is one of compassion and fairness in the immediate aftermath of an injury and while they recover. I acknowledge the challenging role that teachers and SNAs undertake. I also want to acknowledge again that this Bill has been drafted with the very best intention by the Senators. I will work with Senators to find a resolution to the issues and concerns I have highlighted. My Department will continue to engage with education partners within the parameters of the established IR mechanism and the agreed public sector pay agreement.

Gabhaim buíochas leis an Aire for coming to the House tonight. I also thank Sophie and Shane for coming here. It is important to remember that laws are passed to change outcomes and to improve the lives of citizens. Giving the name to a Bill of those who embody the reason for a Bill is appropriate and important.

Cuirim fíorfháilte chaoin roimh an Aire. Guím gach rath uirthi san obair thábhachtach atá os a comhair amach. I am delighted to be here on behalf of the Seanad Independent Group to register our full-throated support for the Bill that has been brought forward by the Labour Party Senators, in conjunction with their group. I supported the minimum wage for apprentices legislation before Christmas, another Bill brought forward by the Labour Party which did not get the same benign look from the Minister and the Department at the time. Nevertheless, it was earmarked for progress. It had all the hallmarks of very sensible proposed legislation and that is something it has in common with the Bill being brought by Senators Harmon and Cosgrove tonight. I feel that I am pushing at an open door here because there seems to be a rounded sense of support for this. It is, as the Minister said, based on fairness and equity. It has been receiving a lot of input from the two main trade unions, Fórsa and the Irish National Teachers' Organisation, INTO, of which I a proud former member. I fully endorse the work they are doing in conjunction with the Members of the Seanad and the Minister and her Department.

I could be here boiling cabbage twice. A lot of things people have said were addressed in the Minister's speech and I accept her bona fides. I think that she and the Department will work with the Seanad and the Labour Party Members and their grouping here to progress this very fair, reasoned, and timely proposed legislation. Back in the day, when I was teaching principal in County Waterford, these things did not happen at the school. In fact, in my whole teaching life, I never saw a teacher being assaulted by a child. However, it did happen on a few occasions when teachers in schools close to us were assaulted by a parent. The result is really just the same. It is an extremely traumatising situation. Not alone does it occasion physical harm, but there is huge evidence of post-traumatic stress syndrome. A person does not have to be in Angola or Vietnam to suffer that. People were injured in situations which they previously thought were perfectly safe, like a classroom, a playground, a corridor or a staffroom. To find that they are suddenly attacked, through absolutely no fault of their own, means that their status as a professional is undermined and weakened. The impact it has on the psyche of a teacher as they try to return to normal teaching and normal supports in the classroom can very demanding. That really is the essence and the basis of this proposed legislation. It is there to make our system better, to be compassionate, to look after the children who have difficulties, and to look after the welfare and the strength of the main prime actors who bolster our education system, namely, the teaching and support staff in schools.

On behalf of the Sinn Féin group, I support this Bill wholeheartedly. I commend Senator Harmon on all the work she has done on this extremely important issue. As a former teacher, I witnessed at first hand the dedication that special education teachers and SNAs have to their students with additional needs or those with disabilities. In fact, without the support of SNAs in particular within our mainstream schools we would not be able to include these children in education. It is not that long ago that any student with an additional need or a disability was sent off to an institution and was excluded from society. Thankfully, we have moved a long way from that but we still have a way to go to make sure our education system is fully inclusive. This can only happen if the required supports are put in place within our mainstream schools to ensure that all children get an appropriate education, preferably in their local school alongside their siblings.

As Senator Harmon has said, it is not intentional when students injure someone. No SNA or special education teacher I have spoken to has said any different. I dislike the word, as they do. The lashing out which may cause an injury often comes from a place of frustration and it is often due to an inability on the part of the student to communicate what they are feeling. I have to go back to early intervention and community supports, which are severely lacking in our society at the moment. If the children who require the supports get them at an early stage, they will progress. A lot of these issues could be avoided if students got the proper supports, like speech and language therapy, occupational therapy, etc. A number of teachers and SNAs have reached out to me urging me to support this Bill, which of course is not a problem for me.

One woman struck a chord with me. It has been two and a half years since she received quite a severe injury in school. She has undergone surgery during this time. She has had a lot of pain and discomfort and ended up with mobility issues as a result. Her assault leave and sick pay leave have been exhausted at this stage so she is currently unpaid. Her family has been reduced to depending on only one income, when before it was a two-income family. They have children who are students in third level education and that is a costly endeavour. She is worried constantly about money and meeting all the expenses they have, especially as we are going through a cost of living crisis. There is also the fact that she has lost her independence. She is not earning anymore, so she is financially dependent on her spouse. That puts any person in a precarious position. There is also the loss of social contact and of getting up and going out to work. She has a lot of different issues. She requires a lot of support, and she has anxiety as a result of what happened to her, and she worries about the day-to-day issues of the loss of income as well.

Something has to be done to address the situation. It not fair that any person who is injured while doing their job should end up not having their medical costs covered and having their leave pay cut off at a certain point when they are not fit to go back to work. It has to be extended to cover the period for when they are medically unfit. We also have to recognise that other supports may be required, such as psychological supports or specialist supports like physiotherapy, etc., and they should also be covered. The person who suffered the injury should not be out of the cost of those. As the Bill says, early retirement options should be available in the case of long-term or permanent incapacity to return to work. I know Minister and Senator Crowe referenced that work is being done to look at all these issues and to change the legislation. It is very important that this be done in consultation with the unions and to ensure that the people who are most affected by this are listened to and the change is made.

The Minister outlined a number of supports available to people who have suffered an injury. We need to make sure that every school staff member should be aware of the supports and how to access them. It can sometimes be an issue where people do not know. I fully support the Bill and I commend Senator Harmon on her work on it.

As the bell for the Dáil was ringing, the Minister was saying that this is a very important Bill.

I am pleased to speak in support of Senator Harmon's Education (Leave for Injuries) Bill 2025, which is before the House this evening. First, I acknowledge the work that has gone into developing this legislation, not only by Senator Harmon but also by Fórsa and the INTO, and by the campaigner, Sophie Cole, and her husband, Shane. I welcome them to the House this evening. Sophie's advocacy has been charmed. She is leading this out. She has been instrumental in bringing this issue to where it is right now on a national level.

A lot of us have a personal interest in this issue, as many of us have family members who are either SNAs or teachers. Tonight, we have their back on this. The Bill is rooted in the lived experience of teachers and special needs assistants who support children in classrooms across this country every day. It is about real people who have been injured, traumatised or left without adequate support under the current system.

The Bill seeks to modernise and amend the existing assault leave circular, which many staff feel is outdated and inconsistent. Senator Harmon's proposal replaces it with a more compassionate, accurate and protective approach, one that the Bill sets out in a number of clear and reasonable principles. First, it ensures that paid leave is granted for the full period for which an injury is medically certified. That is a basic standard of fairness. No teacher or SNA should be left worrying about income while recovering from an injury sustained at work.

The Bill provides for immediate financial assistance to cover the costs that arise when someone is injured or assaulted in the course of their duties. These costs can be significant and unexpected, and it is only right that the State steps in promptly. The Bill guarantees access to appropriate information and supports, including specialist and psychological services, where needed. We know that not all injuries are visible. Trauma, intimidation and delayed symptoms must be treated with the same seriousness as physical harm.

The Bill provides for early retirement options in cases of long-term or permanent incapacity. This is a humane and necessary provision for those who cannot safely return to their roles. As Senator Cosgrove said, it is a worker's right and a human right. The Bill requires that any future scheme be agreed in consultation with trade unions. That is essential. The people who work in our schools must have a voice in shaping the protections that affect them.

The Bill ensures that teachers and SNAs are treated equally under the scheme. Too often, SNAs, who are overwhelmingly women, have found themselves treated differently in policy and practice. This Bill corrects that imbalance. This is a balanced and constructive proposal. It does not place unreasonable burdens on schools or the Department. It simply ensures that when staff are injured in the course of their work, they are treated with dignity, consistency and compassion.

This issue was a major topic of discussion at both the INTO and Fórsa conferences in 2025. As we approach their next conferences, progress on this Bill would send a strong signal that this House is listening and responding.

For all of these reasons, I strongly support the progression of this Bill to Committee Stage. I hope colleagues across the House will join in allowing it to move forward so that we can continue the detailed work needed to deliver a fairer, modern system of injury leave for the teachers and SNAs who give so much to our children and schools.

We will pause for a moment while the Minister departs and the Minister of State, Deputy Michael Moynihan, takes over. He is very welcome.

I am sharing time with Senator Ní Chuilinn.

Is that agreed? Agreed.

I thank Senator Harmon for bringing this Bill forward. Nothing ever becomes real until it is experienced. I know Senator Harmon has spoken to people who have experienced this, which is why she is so passionate about bringing the Bill forward. I spoke to her last week about it. Fair play to her. We all feel that.

This is a very important Bill, which contains Parts dealing with injury leave for people who work in jobs that are nearly like a vocation. When it comes to SNAs, parents cherish the fact that their child has one and likewise with teachers.

I will start by talking about a friend of mine who sent me a message last week. She said she was just out of a cast after four weeks. A child in school broke bones in her hand but she did not get assault leave because she came to school the next day and the injury was not discovered until five days later. She has only been back at school since last Monday, and that leave has been taken out of her sick leave.

I also mentioned that I am on the board of a special school and I see at first hand what teachers and SNAs do in the school. The advantages that I see in this Bill include expanded paid leave for teachers and SNAs injured while at work, and not just for a limited period. This provides wage security, and people know their job is there when they recover. It acknowledges that assaults and injuries are a workplace health and safety issue for people in the classroom, especially those in a special classroom where, unfortunately, physical aggression can occur through no fault of the child.

Perhaps, through having this Bill enacted, better records might be kept, so we can further support policy development and resourcing for preventative measures. When a person knows they are valued and looked after that can really help their well-being and recovery. It is not always physical. We must, however, consider other aspects of the Bill, for example, the cost to the State and employers. School budgets are tight as it is. Is there potential for misuse? Are we better to put resources into having more teachers and SNAs? Should we be supplying more training for behaviour management and putting more resources into therapies in schools? I fully welcome the recent announcement of therapy services, which cannot come quickly enough. I also welcome the increase in SNAs on a year-on-year basis.

Having made those points, I still consider that this Bill is very important. I would also try to improve in-classroom support, behaviour provisions and preventative staffing, working in parallel with this entitlement. I do not think there is one person in this room who does not value the work of SNAs and teachers. If there was, that person would be wrong. If you get injured in the course of work, in a job you have been trained to do and that you enjoy doing, you should get paid if something happens in the course of that employment. This Bill will make teachers and SNAs feel a sense of comfort so that should anything happen, they will be looked after. However, it does not automatically prevent classroom injuries and will need clear implementation rules, adequate funding and wider preventative measures to be truly effective. I will not oppose the Bill. I congratulate Senator Harmon on bringing the Bill forward. Well done to her.

I advise the Minister of State that a vote has been called in the Dáil. There are just three minutes left in the debate.

I promise it will not take me longer than that. Cuirim fáilte roimh an Aire Stáit. Gabhaim buíochas leis as ucht a bheith anseo. Molaim an obair atá déanta ag an Seanadóir Harmon ar an mBille seo. Is saothar suntasach é agus leagann sé béim ar an dualgas atá orainn mar reachtóirí iad siúd atá ag obair sa chóras oideachais a chosaint ó dhíobháil, bíodh sé d'aon ghnó nó ná bíodh.

I commend Senator Harmon on her work on the Bill. She is supported by Senators Stephenson, Noonan and Cosgrove. I also welcome Sophie Cole and our guests in the Gallery, who are the people doing the work we are speaking about tonight.

We have a duty of care to the people who are working in our education settings. I say "education settings" quite deliberately because I believe that teachers and SNAs should have equality of access to any expanded supports that we agree to. I note that in the speech from the Department delivered by the Minister earlier, two separate schemes were referred to, one for teachers and SNAs and another one that was just for teachers. It is important that the outcome of any scheme we debate or develop in this House is made available equally to SNAs and teachers.

My mam was a full-time music teacher in secondary school for most of her career. She took some time out to work when my siblings and I came along. When she went back, it was not long before she retrained as an SNA. At that point, she spent a wonderful time working with a young boy right through his primary school and into secondary school. He is now a young man. She absolutely loved that work. His mother and my mam are still friends and he is still friends with her as well. She brought him through his school life. That time was so special for both of them. My mam is a qualified secondary school teacher. She was also a qualified special needs assistant. She did not become a lesser educator when she started working as an SNA. It is really important that whatever we do, we have SNAs and teachers on an equal footing. My mam's vocation never wavered, changed or became something less when she retrained as an SNA.

One of the most important parts of the Bill is the call for equal treatment under the scheme for teachers and SNAs. I voice my support for the premise of the Bill and I put on record my gratitude to teachers, SNAs and all ancillary service providers in all of our schools and education settings throughout the country. We have had a week of miscommunication, confusion and undue stress, all while teachers and SNAs are trying to enjoy a mid-term break. I am really conscious of this and I take the opportunity to say this. Our educators are the best of us and our children's lives are richer because of those people and the work they do. We owe it to them to seriously consider, debate and explore the detail of this legislation so that we can properly provide this duty of care and meaningful leave for injuries. I support the statement the Minister made, that she has tasked the Department with examining options to ensure that access to treatment and support is provided without delay or financial hardship.

I am very grateful to Senators Harmon, Cosgrove, Stephenson and Noonan from the Cross-Party Group for tabling the Bill. I thank everybody here and our guests. I have been lobbied very intensively and very effectively by people, including Samantha O'Flanagan. In terms of my own interest in the Bill, a long time ago, more than 40 years ago, I went to Coláiste Mhuire in Marino, coláiste de chuid Choláiste na Tríonóide. Rinne mé céim san oideachas trí mheán na Gaeilge chun a bheith i mo mhúinteoir bunscoile. I went to Trinity College through the school of education in Coláiste Mhuire. I was a primary school teacher. I did my leaving certificate when I was 16 and the teacher training was a three-year course, so I was just barely older than the children I taught in a national school in Lucan called Scoil Mhuire in the Woodfield Heights and Airley Heights area. It was what we called a scoil leath-thumtha. We taught the core curriculum trí Ghaeilge and other subjects through English.

I am familiar with Sophie's experience and journey. As a person who was a young teacher, I really appreciate the work that teachers do and that SNAs do. I had 37 children in the class at the time. We did not have SNAs back in the 1980s. I really appreciate the work they do. As a parent of a child with additional needs, I cannot speak highly enough of the SNAs who allowed my son to realise his full potential and allowed him to have his fundamental right to an education and participation in society. I commend the Bill and I commend the SNAs.

I thank the Minister for not opposing the Bill. Without prejudice to the Cross-Party Group and the engagement they will have with the Minister, I take issue with some of the remarks she made. I am assuming the remarks were drafted for her. I would appreciate it if the Minister of State could communicate some of my concerns around this. The Minister stated regarding the Bill:

I absolutely believe the intention of the legislation is good. However, having read the Bill, it would be remiss of me not to highlight a number of issues and unintended consequences that would arise if the Bill is enacted as it currently stands.

So far, that is fine. It is an observation. We all know we are going to work together. The Minister, who I assume did not draft this herself and that it was drafted by her officials who, unfortunately are not here, raised concerns about negotiations taking place, IR processes and so on. This is the apparatus of State. It is the Executive and its outworkings. This is a Legislature. I am sure we are all familiar with the separation of powers. Senators Harmon, Cosgrove, Noonan and Stephenson are not trade union officials at a congress putting forward motions while the Minister sits and listens. This is Parliament. We are here to legislate. A lot of the concerns set out put the cart before the horse. It is this idea that people cannot legislate because there is a standard operating procedure in a Department. That is neither here nor there.

This is vocational house and we try to make a positive contribution for the common good based on our life experience and our professional experience. We have had Ministers come in here with time delays that have no logic when the concerns raised could be dealt with in Committee Stage debates. These are technical measures that are taken to undermine the basic principle of the House. It undermines us but it also undermines the Government as legislators and people who have been elected and have a mandate to represent the people and the common good.

As I say, this is not Liberty Hall. This is not the INTO headquarters. I was proud to be a member of the INTO at the age of 19. It is where I got all my stubborn pugilistic skills. This is not the TUI, INTO or ASTI congress, where the Minister comes and makes a speech and hears certain motions from the floor. In a situation such as that, some of the concerns might be appropriate to raise but not in the Parliament. There is a separation of powers between these Houses and the Executive. We are a priori and paramount. This is what my grandparents fought for in the War of Independence. It is why the Oireachtas, Dáil and Seanad were established.

I ask the Minister of State to communicate this to the officials because I am assuming it was an official who drafted this. It is like something out of "Yes Minister". It is Civil Service-ese. We cannot be constrained in our aspirations by the workings of the apparatus of State. That is something that follows from the deliberations and the iterative process that is the passing of legislation which happens in these Houses. It is not a criticism of the Minister or the Minister of State but, as Government parliamentarians, some of these explanatory notes on time delays and such concerns really are non sequiturs. They have no basis in logic.

I commend my colleagues and thank them. I thank the Government Senators for their very eloquent statements. I note they share our common positive interest and I thank them for not opposing the Bill.

I call Senator Stephenson. Is Senator Stephenson sharing time?

Before he left the Cathaoirleach said he would allow an extra speaking slot.

Did he?

He did. I thought it had been communicated.

Is that agreed? Agreed.

I am pleased to have co-sponsored Senator Harmon's Bill. I acknowledge the work of Sophie, who is in the Chamber, and the work of my friend Samantha O'Flanagan and what she has done in Fórsa. I am very conscious of the sensitivity and complexity of the issue before us. As we have heard in all of the contributions this evening, SNAs and teachers do vital work supporting children with additional needs to reach their full potential, as Senator Clonan so eloquently put it, and to learn and thrive in an inclusive environment. In some instances their work is not without risk. Schools must be safe places for children and for the adults who care for, teach and support them.

However, across our education system teachers, SNAs and other school staff are being injured in the course of their work and in many cases these incidents involve children with additional needs who themselves require care, understanding and appropriate supports and those supports are not always available in the schools. I have heard of one SNA, Donna, who had her shoulder injured when attempting to support a 12-year-old boy in a sensory tunnel. The boy panicked, kicked out and accidentally injured her. Devastatingly, because of the aches and pains from her shoulder, which she assumed were a consequence of being kicked, Donna missed an early diagnosis of cancer in her shoulder and she is still suffering form that. My Social Democrats colleague, Councillor Jesslyn Henry, is here this evening. She has faced significant injuries in the course of her work as an SNA. At her first meeting of Dublin City Council she was unable to speak because her jaw was locked following her being punched in the face and dragged to the floor in the classroom earlier that day. Jesslyn has told me of a huge list of injuries she has faced in the workplace, including being pushed into iron railings and being badly bruised. She has had to have her neck in a brace because she has been dragged to the ground several times. As we have heard from many contributors to this debate, Jesslyn and all the SNAs I have spoken to are at pains to reinforce this is not the child’s fault and wish to reaffirm the children are not to blame. These incidents happen because of dysregulation, because children are not having their needs met and quite frankly it is a direct consequence of the State’s failure to provide adequate services, supports and appropriate school places.

I am also appalled by the SNA reduction letter received last week by schools across the country. I appreciate there has been a pause, which I welcome, but a measure reducing SNAs in schools would make classrooms less safe for SNAs, teachers, children with additional needs and children in mainstream classes because there will be fewer SNAs around to do the Trojan work they are doing to support children in having sensory function and not being dysregulated. SNAs are doing a whole range of work. That could be movement breaks, sensory breaks, quiet time and a long list of other crucial tasks. In many cases we see SNAs doing medical interventions because there is no appropriate supports as schools do not have nurses, even though we are told the school nurse should be doing toilet breaks for non-toileted children. This reduction in SNAs was a slap in the face to hardworking staff in schools supporting children with those needs, so as I said I welcome the pause. I welcome the Trojan work of Fórsa and SNAs for their successful campaign to have that decision paused.

Just because an injury caused by a child was not the result of an intention to hurt their SNA or teacher does not mean school staff should have to accept it and receive no support from the State. Fórsa had a survey which showed 69% of SNAs reported being injured due to an assault – a word I use cautiously – and some 47% of respondents required medical treatment after that and 37% required hospital care. SNAs, just like any worker, have the right to be protected in their workplace and their employer has a legal obligation to make the workplace as safe as is reasonably practicable. Staff who are hurt in work are placed in an impossible position. Unless they leave immediately after the injury they may be denied any paid leave. This is an outrageous system because in many instances an injury might not be immediately recognisable. Back or neck injuries might not until a few days afterward, especially if we take into consideration adrenaline response and especially the human response to keep going, not let colleagues down and not let the children they are working with down. If someone delays taking leave while trying to manage their pain or injury, the system effectively penalises them for that choice. That is not compassion and it is not fairness and that is why we need to change it.

The Bill recognises workplace injuries require a human and realistic response. It acknowledges that trauma and injury do not always present themselves immediately and that workers should not be forced to make snap decisions while in shock or pain for fear of losing their income. It says that if you are injured in work you should be able to take leave and get the medical care you need without being out of pocket or fearing you may face a financial cliff edge when the paid leave comes to an end. I really welcome that this Bill seeks to remove the word “assault” from the circular. It is wrong this word is used in most instances where an injury has been caused by a child who is dysregulated and might be feeling unsafe or scared. This child does not intend to injure those who provide care for them and as I mentioned in the context of the planned cuts to the SNA allocation, in the past few days we have heard so many parents talk about the incredible relationship between their children and the SNAs who work with them and that the SNAs are crucial to providing a feeling of safety for the children. This Bill says care must flow in all directions; not just from SNAs to children but from the State to SNAs. We cannot ask staff to support children with complex needs without also supporting the staff themselves. We cannot champion inclusion while ignoring the physical and psychological cost borne by those providing care and we cannot continue to rely on goodwill, silence and self-sacrifice as substitutes for proper workplace protections.

Cuirim fáilte roimh an Aire Stáit. I thank colleagues across the House for their very warm comments on this important Bill. I thank in particular my comrade, Senator Harmon, for bringing this Bill forward as part of our Cross-Party Group slot. I welcome the senior Minister's decision not to oppose the Bill and thank colleagues across the House for their support. I commend Sophie Cole, her husband Shane O'Brien and her family on what is a positive day after so many difficult and challenging days. To be able to turn a challenging situation around into a positive campaign to help others is a very selfless act and I commend her on her work and bravery on this. It is not everybody who would do this. Unfortunately, as has been articulated so well by others, these incidents happen in the workplace. The Minister of State and I have had engagement about Scoil Náisiúnta Chiaráin Naofa, Stoneyford, County Kilkenny, and the special needs unit there. These are diverse workplaces with children with additional needs and our teaching staff and SNAs work together to support the needs of the children to ensure they have a fulfilled education and can live fulfilled lives and to support them and their families. These are more challenging times and it is important that legislation like this can be there as an enabling force to help SNAs, teaching staff and staff more generally in our schools. I acknowledge the senior Minister’s intervention and I note the points raised by Senator Clonan and the supports that are there through the NCSE and the Tusla education support service. Those are important but I hope this is used as an opportunity not just to not oppose the Bill but to be fully supportive of getting it through the Houses and having it enacted. I commend my Cross-Party Group comrades. We have diverse interests and areas of focus but we are united in a common cause of social, economic and ecological justice. We have a good strike rate so far in 2026 of 100%. We brought four pieces last year and there were a lot of timed amendments but fortunately this year we are having a better success rate. I hope that continues from the Government side with all the motions and Bills we bring to the House this year. I thank the Minister of State for his engagement and again sincerely thank Senator Harmon for bringing this forward.

I acknowledge all the contributions from Senators, including Senators Cosgrove, Stephenson, Noonan, Clonan, Scahill, Kennelly, Nelson Murray, Ní Chuilinn, Crowe and Tully. I hope I have not forgotten anyone. I also acknowledge the Minister of State and the Minister, Deputy Naughton, and the comments she made, as well as those of Senators Ryan and Conway. It is significant that this Bill is being brought through the Seanad initially because we are a House that has more potential for collaboration. I refuse to be cynical. I genuinely appreciate the support shown by Senators across the House and by the Minister. I have to believe the Government wants this to happen and I have to believe it wants it to happen quickly and effectively and that it wants to support teachers and SNAs. I certainly will not be giving up on this. We want to get it to Committee Stage, which is the forum to bring amendments.

I do not think there is any impediment to the legislation or to it being amended. Of course, we aimed high. You do not aim low with legislation; you want to cover everything that needs to be covered.

There is potential for us to work together. I am putting out the call in that regard this evening. It is an open call. I want to work with the Minister. I want to work collaboratively with her as partners on this legislation, because it is not about any party or individual. We can all claim credit for this when it is done. Ultimately, however, this is about the campaigners in the Gallery. It is about Sophie Cole, Samantha O’Flanagan and her mother Angie. This is Angie's first time being in Leinster House, so I want to welcome her.

This is about the teachers and the SNAs. It is also about the trade unions. Trade unions need to be essential to any agreements. Saying that they need to be included does not negate any other processes that are there. Of course education partners need to be part of this. Ultimately, the word "commitment" stood out this evening. There is a commitment from the Government to work on this, and that is what we need.

Getting the Bill this far took a lot of work. It was drafted in light of significant legal advice and collaboration with campaigners and the unions. It took many conversations and much relationship-building. I quite enjoyed calling and chatting to many of the Government Senators, TDs and Ministers in respect of it. From my conversations with them, I know that they all feel very passionately about this and that they want to get it over the line. I am not going to be cynical; I am going to be positive because I am hopeful that we can get this done together. The real win is for the teachers, SNAs and the sector as a whole.

It is really welcome to hear the clear commitment that we are no longer going to use the word "assault". We are very much in agreement there that we will move towards the word "injuries". The Minister was very clear on that. That will remove a lot of the stigma that SNAs and teachers feel around reporting and coming forward. They should not feel any stigma but, unfortunately, that hesitation is there because of the word "assault". They do not want to place any blame on the children or pupils in question. That change in language is going to be absolutely essential.

We need to ensure that the remainder of the Bill is fully debated and remains intact. I do not want this to be the case of a race. Will the Government come forward with its own legislation and try to do it faster than I can get this to Committee Stage? I encourage us to work with the blueprint we have here. It is a good blueprint on which we can work together collaboratively. It would be nice, maybe for a change, for the public to see that we can actually have full collaboration across the House in respect of a cause and the passing of legislation. That is my hopeful message on which to end.

I am delighted that we were able to get this through Second Stage. It is not easy to get Bills out of Second Stage sometimes. We will progress it to Committee Stage when we can. I really hope we can have a full debate at that point. Any amendments or suggestions would be welcome when it does reach Committee Stage.

Again, I commend the campaigners. I commend Sophie in particular. This should have happened much sooner. It now needs to happen as quickly and in as robust a manner as possible.

When is it proposed to take Committee Stage?

Next Tuesday.

Is that agreed? Agreed.

When is it proposed to sit again?

Tomorrow at 9.30 a.m.