Oireachtas Joint and Select Committees

Thursday, 10 November 2022

Joint Oireachtas Committee on Disability Matters

UNCRPD and the Optional Protocol: Discussion

Photo of Mary Seery KearneyMary Seery Kearney (Fine Gael) | Oireachtas source

I thank the witnesses for their opening statements. I received emails in the past 48 hours about relevant answers to parliamentary questions but I have not read them yet. I was always of the understanding that we would ratify the optional protocol as soon as the Assisted Decision-Making (Capacity) (Amendment) Act, its amendments and the DSS were fully established. I understood there would be no further impediment to Ireland ratifying the protocol. I now hear that there has been a change in language and the new language is "when we are compliant". I imagine no state ever reaches a place of absolute compliance. If that were the case, an appeals mechanism and the protocol would not be needed. I am curious whether any of the witnesses can enlighten the committee about that or has any observations or knowledge about it. I apologise that I have not read the responses to the parliamentary questions on that but I have received several emails in this regard.

My second question is about wardship. How quickly will that situation be moved to presumption and to individuals coming under the DSS?

Third, we have had a significant injustice with regard to the dissipation of funds within the Courts Service for people who have been wards of court due to ill-advised, to put it kindly, investments on their behalf. Consequently, real people are left without the funds they were supposed to have to care for them throughout their lives. Where in all of this will there be redress or a place of application for those individuals?

I will confine myself to those three questions.

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