Dr. Iris Elliott:

We are available to provide further information on those matters to the committee after this session if that would be helpful. I want to revisit what Deputy Bacik mentioned about legislation that is developed and then not commenced, and the point that we are amending legislation that has not been commenced. Members will appreciate that as the national human rights institution this is a conversation we frequently have to have with the UN to explain that although on the Statute Book it looks like the work of the Oireachtas has taken place, and obviously it has in terms of legislation being enacted, it often is not commenced. I am mindful that we are anticipating a schedule review of Ireland in front of the human rights committee at the UN in June and July. We will need to explain to it that although it looks like we have a range of legislation in place, that legislation is not commenced. The position of IHREC is that it appreciates all the concerns with moving this amendment legislation through the challenge of timeframes etc. The position of IHREC is that this legislation needs to be commenced in June, appreciating that this may take a great deal of effort because it has already been delayed so extensively.

I also want to raise IHREC’s ongoing frustration at the lack of progress on the deprivation of liberty safeguards legislation. If there are questions around human rights standards and deprivation of liberty, IHREC made an extensive submission in 2018 and now we sit before the committee in February 2022. As the national human rights institution and the designated UN Convention on the Rights of Persons with Disabilities, UNCRPD, independent monitoring mechanisms, we are mindful that there is a range of legislation that the Oireachtas is engaged in that is expected will realise the human rights of disabled people in Ireland. We have assisted decision-making capacity legislation, we have the deprivation of liberty safeguards legislation and we are waiting for the inspection of places of detention legislation as well. There are multiple Bills that will create a robust and UNCRPD-compliant Bill. I appreciate the challenge there is, particularly with the work that is ongoing on the Mental Health Act 2001. If there is anything IHREC can do to assist the committee’s deliberations we would welcome that engagement.