A man who took a High Court action on behalf of his autistic twin daughters has expressed astonishment at what he perceives to be an attack on him by the judge in the case.
Mr Justice Thomas Smyth had expressed concern about "the scandal of extensive protracted and convoluted litigation and legal costs" in cases relating to children's education entitlements.
He made the remark in a judgment this week in which he refused to order the State to discover documents outlining what funding had been provided by the State for education and therapies for 11-year-old twins Etain and Tara Fitzgerald.
Proceedings on behalf of the girls were initiated in 2000, alleging they were being denied appropriate education and therapies.
Last night their father, Michael Fitzgerald, of Carriganure, Kilmeaden, Co Waterford, said he was "astonished" to learn of Mr Justice Smith's judgment. "In particular I am hurt and offended at what I perceive to be an attack on me for taking a case against the Minister," he said, in a statement to The Irish Times.
Mr Fitzgerald said it seemed to be implied that by doing so he was directing resources to litigation rather than to education.
"I have two beautiful daughters who, unfortunately, have autism. Since we received that devastating diagnosis, we have done all in our power to ameliorate the affects of that diagnosis."
Mr Fitzgerald said his family were forced to emigrate to the US to get an appropriate education for the girls. They returned when they could no longer fund the education abroad and, as a last resort, they had turned to litigation.
"I do not think it is fair in those circumstances to cast aspersions on me. If 10 people suffered spinal injuries as a result of being knocked down by a Bus Éireann bus and if they claim, are they to be criticised for diverting resources away form the transportation network? I think not.
"Or take another example, are the victims of medical negligence similarly to be criticised for diverting resources away from health if they seek in the course of their litigation discovery of their medical records? I think not."
Mr Justice Smyth noted that his decision was at odds with other High Court judges, but he said he would prefer, if he were wrong, to have his decision reversed by the Supreme Court on appeal, as this would clarify the issue.