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
Roderic O'Gorman (Dublin West, Green Party)
Link to this: Individually | In context | Oireachtas source
On the failure to implement the Assisted Decision-Making (Capacity) Act 2015, the fact that we had wardship in place was a clear violation of Article 12 of the convention. In order to undertake ratification of the optional protocol and in order to be in a position where we could reasonably say to the United Nations that we are compliant, we had to take the measures to address the fact that wardship was still in place. That was done through the Assisted Decision-Making (Capacity) (Amendment) Act 2022.
We are undertaking a scoping exercise to identify if there are any other clear violations of the treaty in terms of existing elements of Irish law so that we can look to remove those violations and address them, whether by legislation or otherwise, to make sure that when we sign up to the optional protocol and provide that route for people to make their individual complaints, there is not an example of a clearly identified existing violation of the UNCRPD.