Oireachtas Joint and Select Committees

Tuesday, 14 February 2023

Joint Oireachtas Committee on Autism

Autism Policy: Discussion (Resumed)

Dr. Karen McAuley:

Please interrupt me if I am repeating something or not answering the Chair's question. We said earlier that we previously recommended that a review of the Disability Act should be undertaken, particularly in respect of the sections of our remit affecting children. I will build on Deputy Buckley's question too because I think part of the Chair's question was about assisting. We, like IHREC, have a role to advise on developments in legislation affecting children, in our case, and to promote a child rights-based and human rights-based approach to legislating. Part of the issue with the Disability Act, thinking back quite a number of years, arose even before we did the unmet needs report on the Disability Act, when someone said, honestly, that there was no political appetite in government to review the legislation. Although I know it is not an answer to the Chair's question, one thing we would ask is to help us to create that appetite, because we are not sensing any appetite from the Government.

As I said, when the State appeared formally before the UN Committee on the Rights of the Child just a couple of weeks ago, it made it clear that there is no plan to review this legislation. We would welcome members' support, if they believe a review is necessary, in trying to create that appetite and momentum to review the legislation. As we have said, recommendations have come from the UN Committee on the Rights of the Child to say that that legislation and other legislation relating to children with disabilities, including autistic children, is not right-based and needs to be reformed. I appreciate that creating the conversation to have a review will take time but we have been looking for it for a long time, as have others. I think that is the space in which to look at the question of legislating to create an entitlement to services. On its face, it clearly merits support but it all needs to be looked at in the round to bring the legislation to where it needs to be.