Oireachtas Joint and Select Committees
Wednesday, 8 May 2024
Joint Oireachtas Committee on Disability Matters
Deprivation of Liberty: Discussion
Frank Feighan (Sligo-Leitrim, Fine Gael) | Oireachtas source
I thank the Cathaoirleach. The witnesses are very welcome today, and I thank them for their excellent presentations. They have been very informative.
In the first presentation, it was stated that "the deprivation of liberty for disabled people is inextricably linked to the availability of suitable accommodation, services and supports in non-institutional settings". Obviously, we have a CRPD committee, which has clearly articulated the interdependency of the State's legal obligation. Can the witnesses discuss the provisions that should be included under the protection of liberty safeguards Bill, which the Department is currently working on specifically with regard to disability residential settings? The Bill is delayed but the Department of Health confirmed in the recent legislative programme that work is under way. Can the witnesses discuss the key quality and human rights impacts with regard to this legislative proposal?
Stigma was also discussed. When I was Minister of State with responsibility for the national drugs strategy, stigma was a huge issue within my remit. My colleague, Senator Eileen Flynn, also raised the issue of stigma while we were visiting Castlerea Prison yesterday. We need to get over that. Much work has been done. However, as was rightly said, it is challenging to arrange community pathways post release once someone has been labelled as a prisoner. We need to work harder on this situation.
Can the witnesses also discuss the issue with regard to the lack of data and underreporting on the number of persons deprived of liberty and detained in psychiatric facilities and institutions, and the impact of this?
Finally, Professor Gulati carried out research which highlighted that the prevalence of intellectual disabilities among adult prisoners in Ireland is higher than international estimates, and that there is little evidence that the development of diversion services has impacted such a prevalence.
I would have thought that diversion services would be helpful but the IHREC obviously has a different view. Can the witnesses elaborate on that view? I believe we need more diversion services and supports. Do the witnesses have any recommendations in that regard, including on best practice? Again, I thank the IHREC representatives for the excellent presentation. It is good to have them here to articulate their concerns, views and recommendations.
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