John Brady (Wicklow, Sinn Fein) | Oireachtas source

I welcome a number of disability activists to the Visitors Gallery this evening. They have waited a long time to listen to this debate. Unfortunately, a number of them told me that the timing of the debate has meant a number of people could not be here this evening. The example of disability activists from Galway was cited. They would have had to travel here on a Tuesday evening, stay overnight and use up all their critical and hard-won personal assistance hours in the process. They feel very excluded whereas the key to the legislation is inclusion. They would have liked to be here for this critical debate but, unfortunately, it was not to be.

Sinn Féin welcomes any positive move to ratify the UN Convention on the Rights of Persons with Disabilities. This is long overdue. It is a real shame that we are reaching the tenth anniversary of the signing of the convention in March 2007 without having ratified it. It is clear evidence that people with disabilities have not been a priority for successive Governments whether led by Fianna Fáil or Fine Gael. Indeed, the deadline for ratification set out by the previous Government in October 2015 has come and gone and Ireland remains the only country in Europe which has failed to ratify the convention. Other countries have ratified without having to change legislation. It is the view of many disabled people and disability activists that there is no legislative barrier to Ireland's ratification of the convention.

The most alarming aspect of the Bill, as cited to me by many people with disabilities and those who have been active over many years, is the sudden absence of the word "equality". Only last month, the Minister of State referred to the Bill at the joint committee as the "equality/disability (miscellaneous provisions) Bill". However, the word "equality" has been removed from the Short Title of the Bill. At the very least, this is questionable and it has raised many concerns among those who have been actively involved in disability rights over many years. Concerns have been put to me directly by many people and I am echoing them here this evening. The Irish Human Rights and Equality Commission has also voiced concerns about that omission from the Bill. People with disabilities have not waited ten years to face a Bill which does not have "equality" at its core. I ask that the reference to "equality" be reinstated in the Title of the Bill to take into account the wider reforms proposed in it because equality must be the cornerstone of the legislation. People have been out there fighting long and hard for equality for those with disabilities and they must get equality in the Bill.

The term "disproportionate burden" must be removed. It reflects the Disability Act 2005 and puts the economy above and before the rights of persons with disabilities. If we are to ratify the convention, we cannot have conditions alongside these rights. It will mean that rights are dependent on available resources and that there is, in fact, no absolute right.

I ask the Minister of State to clarify who will be in charge of the implementation of the ratification of the convention. Many have called for this role to be independent of the State and it is important that the Minister of State outlines his plans in this regard. It is also essential that people with disabilities are included on any advisory committee set up to oversee the ratification of the convention.

Notwithstanding this era of so-called "new politics", we see that many of the most significant provisions of the Bill have yet to be published. Some of my colleagues have outlined that point. The provisions will not be set out until Committee Stage when they will be published as amendments, which is crazy. It is absolute madness. It impedes any proper discussion of the Bill and provides little opportunity for public debate and even less opportunity for provisions once introduced on Committee Stage.

Ratification without real change in our laws and policy of the kind demanded by people with disabilities is meaningless and undermines the hard work of many campaigners and organisations. We cannot rush this legislation through just for the sake of it. We owe it to those with disabilities who have been sidelined by successive Governments to ensure that the ratification of the convention means that those with disabilities are no longer and will never again be sidelined. We support the passage of the Bill on Second Stage but there are key areas which need to be addressed. Deputy Jonathan O'Brien has outlined a number of them and we will be putting forward a number of amendments on Committee Stage. It is clear that the Minister of State needs to address all of those issues which have been touched on here this evening.

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