Peter Fitzpatrick (Louth, Fine Gael) | Oireachtas source

I will be as quick as I can and any time remaining in my slot will be used by Deputy Breathnach.

The UNCRPD was adopted by the UN General Assembly in December 2006 and entered into force in May 2008. Ireland became a signatory to the convention in March 2007. The then Fine Gael-Labour Party Government published a roadmap in 2015 which set out the legislative measures needed to meet the requirements of the convention along with declarations and reservations to be entered by Ireland on ratification. The Government authorised the ratification of the convention on 30 January 2018.

The purpose of the UNCRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities and to promote respect for their inherent dignity.

There are 175 parties to the convention, including all other EU member states. Ireland is the final EU member state to ratify the convention. If Ireland ratifies the convention, the convention will enter into force for Ireland 30 days following the deposit of its instrument of ratification.

The convention is an international agreement which involves a charge upon public funds within the meaning of Article 29.5.2° of the Constitution. This means that its terms must be approved by Dáil Éireann prior to ratification. It is intended that the final legislative amendments needed to enable Ireland to comply with the convention will be contained in the Disability (Miscellaneous Provisions) Bill 2016 and in a stand-alone Bill on deprivation of liberty to be sponsored by the Minister for Health or the Minister of State for enactment by the end of 2018. The Bill on deprivation of liberty is required in order that appropriate legal safeguards are provided in respect of Article 14 of the convention, which deals with liberty and security of persons. The Assisted Decision-Making (Capacity) Act 2015 also needs to be fully commenced. That Act repeals the key legislation, which is inconsistent with the convention, namely, the Lunacy Regulation (Ireland) Act 1871 and the Marriage of Lunatics Act 1811. These Acts provide the legislative basis for the system of wardship, which needs to be abolished in order for Ireland to be compliant with the convention. The commencement of the 2015 Act is dependent on the decision support services based within the Mental Health Commission becoming operational.

In the decision of 30 January, the Government agreed that a number of reservations and-or declarations would be made at the time of ratification. It is proposed that Ireland will enter the following reservations or declarations at the time of ratification. On Article 12, Ireland recognises that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. Ireland declares its understanding that the convention permits supported and substituted decision making arrangements which provide for decisions to be made on behalf of a person, where such arrangements are necessary, in accordance with the law and subject to appropriate and effective safeguards. To the extent that Article 12 may be interpreted as requiring the elimination of all substitute decision making arrangements, Ireland reserves the right to permit such arrangements in appropriate circumstances and subject to appropriate and effective safeguards.

On Articles 12 and 14, Ireland recognises that all persons with disabilities enjoy the right to liberty and security of person, and a right to respect for physical and mental integrity on an equal basis with others. Furthermore, Ireland declares its understanding that the convention allows for compulsory care or treatment of persons, including measures to treat mental disorders, where circumstances render treatment of this kind necessary as a last resort, and the treatment is subject to legal safeguards.

In its reservation on Article 27(1), Ireland accepts the provisions of the convention, subject to the understanding that none of its obligations relating to equal treatment in employment and occupation shall apply to the admission into or service in any of the Defence Forces, An Garda Síochána, the Prison Service, the fire brigade, the Irish Coastguard and the ambulance service.

The Disability (Miscellaneous Provisions) Bill 2016 addresses a range of legislative barriers to ratification which were not addressed separately in other legislation, mainly in the Assisted Decision-Making (Capacity) Act 2015. The opportunity is also being taken to progress a number of other miscellaneous amendments to equality and disability legislation. The Bill was published in December 2016 and completed Second Stage in February 2017. A range of amendments are scheduled to be brought forward on Committee Stage, most of which are technical in nature.

The deprivation of liberty provisions will set out a legal process which will aim to ensure that individuals are not unlawfully deprived of their liberty. The provisions are intended to provide safeguards for older people and persons with a disability who are living in or are to be admitted to a relevant facility, where they are or will be under continuous supervision and control and will not be free to leave, and where there is reason to believe that they lack the capacity to make a decision to live in the relevant facility. It is intended that these safeguards will also apply to persons in mental health facilities with mental health issues who are not suffering from a mental disorder and therefore cannot be involuntarily detained under the Mental Health Act 2001. The Government approved the publication of draft heads of a Bill on deprivation of liberty for public consultation at a Cabinet meeting on 5 December 2017. Following that, the Minister for Health, Deputy Simon Harris, and the Minister of State with responsibility for disability issues, Deputy Finian McGrath, announced the opening of a public consultation on the draft provision on 8 December 2017 to run until 9 March 2018.

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