Fiona O'Loughlin (Kildare South, Fianna Fail) | Oireachtas source

I wish to share a few minutes of my time with my colleague, Deputy Margaret Murphy O'Mahony, the Fianna Fáil spokesperson on disability, who will wrap up the debate from a Fianna Fáil perspective.

I very much welcome the opportunity to speak on this issue. It is an issue that has been very close to my heart for many years and one that deserves well informed discussion and debate. My life as a sister to Cathal, who has Down's syndrome, my experience in the education sector and having worked with Special Olympics Ireland has worked to consistently implement the core tenets of the UN Convention on the Rights of Persons with Disabilities.

These core tenets represent the most fundamental rights of all persons, regardless of ability level. They include the right to good health care services, quality education and an environment safe from exploitation and abuse. They include the right to work and participate in sport. Most important, they include the right to be included as an equal member of society.

We must also remember the families and carers of those who have disabilities. They also have rights when it comes to discussing the rights of people with disabilities.

Ten years have passed since the UN convention was signed by the Government. Ratification must be the next step. It is shameful that this is the only remaining EU country that has not yet ratified the convention. While the Bill will move ratification one step closer, we must not rest here. People with disabilities deserve nothing less than full ratification.

I appreciate that the Minister of State is well-meaning and absolutely acknowledge that in recent years this has been a core issue for him. However, it is concerning that the Bill only presents part of the solution. My party and I will not stand in the way of any progress. However, I call on the Minister of State to provide a timeline in seeking full ratification of the convention. I understand from him that other amendments will come into play in terms of what has been left out of the Bill. We need to be clear on when and how these elements will be included.

I accept that Governments alone cannot do all of the necessary work to change communities. It is one thing for us to set a standard in law, but it is quite another to set a standard in people's hearts. The true fulfilment of the convention will only come about when children and adults with disabilities are treated with dignity and justice not only in writing but also in daily life. Ireland's ratification of the UN Convention on the Rights of Persons with Disabilities can serve as a national call to action for all, including Government agencies, NGOs, sports and recreation programmes, public health agencies, schools and many more. It can serve as a call to mobilise all of our resources in a shared quest to provide a brighter and more secure future for all those with disabilities in Ireland.

Sometimes we think of people with disabilities as including only those with a physical disability or those whom we see in wheelchairs. We are conscious of the need to provide access to buildings. We are to be commended for the budgets set aside to ensure physical access. However, we must not forget about people with an intellectual disability and all of the invisible barriers they face day to day. People with intellectual disabilities matter; they count and deserve a chance just like the Minister of State, me or any other person. There is an urgent need for individuals and communities throughout Ireland to become strong advocates for the ratification of the UN convention. When rights are defined only by political or judicial norms, they do little to advance the case of those facing barriers that are social and cultural. A serious job remains to be done by all of us outside as well as inside the House. The future of rights for people with disabilities requires a new positive message from us, the point of which is that we all own the rights agenda.

Motivated citizens can make a major difference as we saw in 2003 during the Special Olympics World Games. I was privileged to play my part in the organisation. I had the honour of working with 160 host towns throughout the island of Ireland. I witnessed first-hand the lengths to which people went to ensure their guests who came from 180 countries throughout the world would have the best opportunity to showcase their abilities. The legacy will long live on.

For schools to change, it is not only a matter for Governments alone to embrace the principles of universal education. Citizens must also demand that all children be given the right to attend school. For employment conditions to change, it is not only a matter for Governments alone to embrace the principles of non-discrimination. Business leaders and citizens must advocate for workplaces that value the contributions of all.

Ireland has the opportunity to ratify the convention and, in so doing, show solidarity with all other EU member states that have ratified the convention and begun its implementation. We have a heightened obligation to ratify and implement the convention. Every day acts of inclusion have helped to define our social fabric. Tolerance, acceptance, togetherness, helpfulness and advocacy have all become standard components of a past, present and future Ireland.

I call on the Minister of State to outline whether there has been a formal structured consultation process with civil society and especially with people with disabilities to inform the development of the Bill. I draw his attention to Article 33.3 of the convention which sets out the requirement to involve people with disabilities in the monitoring process. I call on him to outline how people with the lived experience will be resourced and facilitated to play this crucial role. I call on him to explain how the Bill will ensure people with the lived experience are the key constituents in monitoring the UN convention in Ireland. What legal advice did the Department of Health seek from the Attorney General on reasonable accommodation and ratification?

Will the Minister of State explain the cross-over with the EPSEN Act? That Act was brought forward especially to address the rights area and reference was made to it earlier. We have already addressed the point that the Bill will not bring about full ratification. What reservations does the Minister of State have in this regard?

Article 14.1(b) of the convention states people with disabilities should not be deprived of their liberty unlawfully or arbitrarily, that any deprivation of liberty must be in conformity with the law and that the existence of a disability shall in no case justify the deprivation of liberty. The absence of specific legislation on the deprivation of liberty as part of the Bill is concerning. Given the seriousness of this equality and human rights issue, has the Minister of State engaged in any formal structured discussion with civil society organisations of the deprivation of liberty? When will legislation be developed on the issue in conjunction with persons with disabilities?

I appreciate that a cross-departmental approach must be taken at the Cabinet. Disability matters relate to education, health and gaining significant and quality employment. I know from my work on the Joint Committee on Education and Skills that many issues arise, especially in the case of people with an intellectual disability in accessing quality education. Day after day, I receive calls from parents who are concerned about their children who have autism and are unable to access primary education. If they gain access to primary education, a major issue arises in trying to access second level education, but it does not stop there. I know that the Minister of State recently met representatives of Disability Access Route to Education, DARE, which ran an excellent programme with NUI Maynooth. It was able to provide the personnel and staff to ensure some clients were able to attend NUI Maynooth and participate in third level programmes. They did not take full modules but part modules and they did extremely well. DARE covered all of its costs, but NUI Maynooth was unable to access any funding from the Department of Education and Skills. If we truly believe everyone in the country has a right of access to education, that right must include access to third level education. While I accept that it is an issue for the Minister for Education and Skills, I believe it is one the Minster of State should take up with the Minister. In a situation where someone with an intellectual or a physical disability wishes to access education, has the capability to do so and has support from the service provider, we should absolutely encourage and support that person. DARE is an excellent supported employment service in an area that stretches through County Kildare, west Wicklow and into counties Carlow, Laois and Offaly. To date, it has facilitated 156 people in accessing the paid job of their choice in the open labour market.

The vast majority of these are in the private sector, with notable exceptions. Kildare County Council continues to be a fantastic supporter of the process, with people employed both in its headquarters in Áras Chill Dara and in library services around the county. The local HSE employed somebody recently in its stores department in Naas. The Minister of State visited Naas hospital and had the opportunity to meet some of the young people working there. The project is called Project SEARCH. Essentially, it supports young people with an intellectual difficulty to participate in a real and meaningful internship to prepare them for the world of work. In fact, I am working with the organisation to try to find a module we could provide in Leinster House in terms of an internship programme with Deputies and Senators. When a person leaves Project SEARCH, KARE tries to find a meaningful job for the individual. This is what KARE calls "job finding", which is endeavouring to match the people's skills, interests and dreams with what a particular employer might have to offer. However, there are barriers within the civil and public service, mainly because of the policies and requirements that are in place. This is something the Minister could take up and perhaps we could work collectively on it. If there are opportunities in the public sector, we should be able to find them.

It is very important to have this debate and it is hugely important that we as a Parliament, nation and global citizens seize this opportunity to ratify the UN Convention on the Rights of Persons with Disabilities. We must do it with conviction and focus. A progressive Ireland starts when each of our citizens, regardless of their ability or disability, feels empowered to make a difference. We must do it with resolve to meet the many challenges that will surely arise, especially when support for our fellow citizens, including my brother and the Minister's daughter, will be positioned against issues such as the public deficit, budget shortfalls, spending cuts and the like. We must do this, also, in memory of the pioneers who went before us, who dreamt of a day when governments around the world would raise their voices in unison and mobilise to benefit all citizens, with no division. We must confront these challenges optimistically and courageously. I refer to the words of the Special Olympics athletes' oath that inspires millions around the world and many in this country with the power of the human spirit: "Let me win. But if I cannot win, let me be brave in the attempt".

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