Oireachtas Joint and Select Committees

Thursday, 19 January 2023

Joint Oireachtas Committee on Disability Matters

UNCRPD and the Optional Protocol (Resumed): Minister for Children, Equality, Disability, Integration and Youth

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats) | Oireachtas source

I thank everyone for coming before the committee. Ratification of the optional protocol is obviously incredibly important. It is a matter that is raised continually by DPOs, disabled people and their advocates. This committee has asserted over and over again the need for immediate ratification. Frankly, I do not think the rationale that the Minister has given for the ongoing delay is acceptable. The goalposts keep shifting. The Minister said in his opening statement that, "Ireland does not enter into binding international treaties until the State is confident that the obligations set out in it can be complied with". That is demonstrably untrue. Every week at this committee, we hear about how the State is failing to meet its UNCRPD obligations. Individuals' rights are being violated all the time.

Ireland has signed and ratified the convention, even though there are glaring examples of non-compliance. That reason is completely invalid. We enter into those agreements without being able to meet the obligations. We do it every day.

We have heard repeatedly from legal experts that there is no impediment to ratifying the protocol. The only barrier seems to be the Government. For a time, the excuse we were given was that until the Assisted Decision-Making (Capacity) (Amendment) Act was dealt with, we simply could not ratify it. The legislation has been dealt with, but the Minister has given the excuse that we do not enter into such agreements until we comply with them in full. That is also not true. We do enter into such agreements when we cannot comply. What is the reason for delaying this further? That is my first question. I will have more.

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