Written answers

Wednesday, 2 November 2011

Department of Justice, Equality and Defence

UN Conventions

8:00 pm

Photo of Nicky McFaddenNicky McFadden (Longford-Westmeath, Fine Gael)
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Question 319: To ask the Minister for Justice and Equality when the UN Convention on the Rights of Persons with Disabilities, which was signed by Ireland in 2007, will be ratified; and if he will make a statement on the matter. [31770/11]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 350: To ask the Minister for Justice and Equality when he will ratify the UN Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [32131/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 319 and 350 together.

It is the Government's intention to ratify the UN Convention on the Rights of Persons with Disabilities as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are being met. As the Deputy may be aware, Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by the treaty in question, including by amending domestic law as necessary.

The ongoing implementation of our National Disability Strategy in many respects comprehends many of the provisions of the Convention. In addition, the Inter-Departmental Committee on the UNCRPD monitors the remaining legislative and administrative actions required to enable ratification. The National Disability Authority, the lead statutory agency for the sector, has also been requested to independently assess the remaining requirements for ratification so as to ensure conclusively that all such issues will be addressed.

One of the key requirements in this regard is the enactment of mental capacity legislation. The Government's Legislation Programme as announced on 14 September 2011, indicates that the Mental Capacity Bill is expected to be published in early 2012. The Bill will replace the Wards of Court system with a modern statutory framework governing decision-making on behalf of adults who lack capacity. The passage of this Bill will add substantially to the overall progress on implementation of the requirements towards ratification of the Convention.

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