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 Fiona O'LoughlinFiona O'Loughlin (Fianna Fail) | Oireachtas source

The Minister and his officials are welcome. One of my colleagues commented earlier that Ireland can be seen as a laggard in how we are living up to the UNCRPD but it is not just a perception. We are a laggard and that needs to be addressed. The Minister's opening statement and his response to Deputy Higgins give me hope about where we are going. I appreciate that we are in limbo at the moment before the transfer of functions so 1 March is an important date. I accept that the Minister has inherited a difficult situation and is doing his best to deal with it. When we look back, at the centre of all this is why we have the convention, which is about promoting, protecting and ensuring the rights of those with disabilities and trying to promote respect and ensure an inclusive society. It is incredibly important to every facet of government that we do that. The fact that it took ten years to ratify after signing the convention and that we were the last European country to do so is a shame on us. Here we are, five years later, still grappling and still bouncing around the optional protocol. I accept what the Minister is saying about the steps that are being taken in this regard because while the Government or legislation will not be able to solve all the problems, it is important that we shine a light to show the way and show people with disabilities that they are valued and that their equality and their rights are valued by the Government and by the State. We have to show example in that. We know that both the ratification and what will come down the line in the optional protocol will not stop discrimination and we have to fight with every fibre of our being to make sure that we do because in all the evidence the committee has received, particularly from those with lived experience, shows that people with disabilities are left so far behind in education and work opportunities. Our focus is to try to ensure that is changed.

The fact that no policy is in place at this point is very regrettable and very wrong but I am pleased that consultation is ongoing and that, in his opening remarks, the Minister said that the new strategy will be focused on outcomes. That will be hugely important. Time after time, we get explanations. We are told about budgets and how much money is being poured into something but being focused on outcomes is the way to go.

I have a few key questions for the Minister. With the optional protocol not accepted here, individuals cannot seek redress if their rights are not being vindicated. Are sufficient procedures in place to enable people with disabilities to vindicate their rights and seek redress? He discussed the timeline for the full commencement of the Assisted Decision-Making (Capacity) Acts, which is important. I thank him for that. How will the actions in the implementation plan be monitored and reported? Can the NDA report against each action so that we can have meaningful oversight of progress? Finally, I raise collaboration between the Department and local authorities. The NDA has highlighted that no updates have been included on the national disability inclusion strategy actions for which local authorities are responsible. The key to success in supporting people with disabilities is that we have that practical collaboration between local authorities and the Department.

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