Dáil debates

Tuesday, 31 January 2017

Disability (Miscellaneous Provisions) Bill 2016: Second Stage

 

8:00 pm

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an mBille seo agus táim sasta deis a bheith agam labhairt ar. Although it is not before time to have the Bill, it goes a considerable way towards addressing many issues and opens the door to the ratification of the UN Convention on the Rights of Persons with Disabilities, which the Minister of State, Deputy Finian McGrath, considers a priority. However, there are very considerable gaps in the legislation. I will not dwell on that any further except to underline the point, which has been well made at this stage, that these gaps are a considerable concern for my party. A great many significant legislative sections remain to be added at a later date and it is questionable whether that is the best way to legislate. I underline also the point made by Deputy Brady.

When the Bill was first published, or at least the heads, the word "equality" was contained in the Title and it has since been removed. I wish to know the explanation or rationale for that change.

As it happens, on 14 December last, I raised the issue of ratification directly with the Minister for Children and Youth Affairs, Deputy Katherine Zappone. I once again asked that she call on her Cabinet colleagues to ratify the UN convention as a matter of urgency. This was in the context of children facing discrimination due to disability, to a large extent, and, in particular, reports that children in the care of the State were being let down or put at risk in terms of child protection. On that occasion, it had been almost ten years since the publication of the convention. During that period, countries with fewer resources than Ireland, such as Togo, Uganda and Vietnam, along with 153 other countries, ratified the convention. The point has been made about how isolated and unique Ireland is in a European context for its failure to ratify the convention.

Gaps in how statutory authorities deal with children with disabilities were raised in the public domain before Christmas. It was stated that the HSE believed that Tusla was failing on child protection measures for children with disabilities. This applied in particular to children in the care of the State. Serious concerns were raised. I hope that these failings have been rectified and that child protection is now robust, and safeguards now exist and will continue to exist in the future.

My party has campaigned on the ratification of the convention for a considerable number of years, and it is something that we consider a necessity. This is a small victory for all those who have campaigned on the issue, even if its ratification will be so belated. Perhaps final judgment will wait until the later Stages of the Bill. However, there is much to be done. My colleagues have already articulated that much greater steps can be taken. My colleague, Deputy O'Brien, will table a number of amendments to strengthen the Bill in a number of areas, in particular the deprivation of liberty or, to put it simply, independence for people who happen to reside in residential care centres, something which may require further legislative clarity.

Reference was made to the changes that will be made to the Electoral Act 1992. I want to draw attention to the Electoral (Amendment) Bill 2016, which was published by Deputy Gerry Adams. It so happens that it was the first Bill I co-signed on entering the House. It provides that any location designated a polling station must be wheelchair accessible, something which is not currently legislatively required. While the number of such locations that are not wheelchair accessible is limited, absolutely none should be.

Likewise, I believe action should be taken to ensure independent voting by persons with impaired vision. Much of the convention and the Bill is about ensuring that people have equal rights in terms of employment, education and a wide variety of areas. That must be absolutely safeguarded in terms of the fundamental right to participate in the democratic process.

Tá daoine faoi mhíchumas tar éis a bheith faoi mhíbhuntáiste sa tír seo ar feadh i bhfad agus leatrom déanta orthu i go leor slite. Faraor, i roinnt slite tá sé ag fós ag tarlú, go mórmhór ó thaobh fostaíochta agus oideachais de. Tá súil agam go gcabhróidh an reachtaíocht seo ina dtaobh sin agus go dtabharfaidh sé cothrom na Féinne do shaoránaigh atá faoi mhíchumas. Is mór an náire é nár éirigh leis an Stát an coinbhinsiún UN seo a daingniú níos luaithe agus gur thóg sé deich mbliana dúinn é a dhéanamh agus gur éirigh le roinnt Stát atá i bhfad níos boichte ná Éireann é a daingniú i bhfad níos luaithe.

This is an opportunity to speak to citizens of our country who have disabilities and to let them know that they will be treated as equals in the eyes of the State. It is an opportunity to let children with disabilities know that Ireland is a country in which they are highly valued and given an opportunity to prosper and grow in seeking and reaching their full potential. It is an opportunity to set the record straight and put legislation in place to ensure that Ireland ratifies the UN Convention on the Rights of Persons with Disabilities. I hope we get it right.

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