Written answers

Tuesday, 21 February 2012

Department of Justice, Equality and Defence

International Agreements

9:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 491: To ask the Minister for Justice and Equality if he will support the United Nations Convention for People with Disabilities; and the position regarding its ratification. [9194/12]

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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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. At the Committee's request, the National Disability Authority, the lead statutory agency for the sector, has independently assessed 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 11 January 2012, indicates that the Mental Capacity Bill is expected to be published in the current Dáil session. 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.

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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Question 492: To ask the Minister for Justice and Equality which of the outstanding 49 recommendations of the UN periodic review process, of which the State's acceptance is outstanding, the State will accept before the 19th session of the UN Human Rights Council in March 2012; and if he will make a statement on the matter. [9422/12]

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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Question 510: To ask the Minister for Justice and Equality which of the outstanding 49 recommendations of the UN periodic review process of which the State's acceptance is outstanding, fall under the aegis of his Department; and if the State will accept these before the 19th session of the UN Human Rights Council in March 2012; and if he will make a statement on the matter. [9421/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 492 and 510 together.

Many of the recommendations made by member States at Ireland's interactive dialogue under the United Nations (UN) Universal Periodic Review (UPR) process on 6 October, 2011, are composite recommendations, covering more than one issue. Given the complex nature of these recommendations, it would be overly simplistic of me to say that any specific number of them fall primarily within the aegis of my Department.

As the coordinating Department for Ireland's response to the UN UPR process, it falls on my Department to compile replies on behalf of and in cooperation with all relevant Government Departments and agencies to all of the recommendations made by member states. Ireland's responses to the 49 recommendations to which we did not respond at the October 2011 session are currently being finalised. These responses will be published in due course by the UN HRC as an Addendum to the Report of the Working Group on Ireland's UPR review which is scheduled for adoption by the Council on 15 March. The deadline for submission of Ireland's remaining responses is 29 February 2012. Once submitted, the responses will also be published on our website, www.upr.ie.

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