Finian McGrath (Dublin Bay North, Independent) | Oireachtas source

I thank Deputy Kenny for raising this very important question. As the Deputy will be aware, responsibility for the ratification of the UN Convention on the Rights of Persons with Disabilities rests with my colleague, the Minister for Justice and Equality.

The Department of Health is currently framing legislative provisions to satisfy the requirements of Article 14 of the UN Convention, which provides that State parties shall ensure that persons with disabilities, on an equal basis with others, enjoy the right to liberty and security of person, are not deprived of their liberty unlawfully or arbitrarily and that the existence of a disability shall in no case justify a deprivation of liberty. These legislative provisions will form part of the Department of Justice and Equality’s equality/disability (miscellaneous provisions) Bill. While the Department of Justice and Equality has overall responsibility for the related Assisted Decision Making (Capacity) Act 2015, my Department continues to assist regarding the establishment of the decision support service under that Act.

Once the legislative framework is in place, my Department will work closely with the HSE to ensure its full implementation. The HSE has begun to implement the Assisted Decision Making (Capacity) Act 2015, establishing a national assisted decision-making steering group to develop a programmatic response to the legislation to ensure effective compliance and implementation. It has also commenced impact assessments across HSE community health organisation areas, including engagement with HSE disability service providers and non-statutory service providers to gather real life case studies so that people’s lived experience can be included within the guidance and the training.

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