Dáil debates

Wednesday, 7 March 2018

United Nations Convention on the Rights of Persons with Disabilities: Motion

 

5:55 pm

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail) | Oireachtas source

Like previous speakers, I welcome and support the motion for Dáil approval. Ratification has been delayed but the Minister of State has tried to progress this, despite the delays. I also welcome the different disability groups in the Visitors Gallery and Senator John Dolan, who has put significant work into this issue. However, I am concerned about the pace at which we are undertaking this simple ratification. If compliance with the process mirrors what we have witnessed over the past year and a half, that does not give rise for hope, despite the positive change today because compliance with the convention is crucial. While I welcome many of the positive announcements in the Minister of State's contribution, he has mentioned reservations, declarations and working within the context of the domestic legal context, which means derogations, potential dilution and incomplete ratification. We should not speak about potential derogations at this stage; we should aspire to have Ireland as compliant as possible.

With regard to the Magdalen laundries redress scheme, officials from the Department of Justice and Equality appeared before the Joint Committee on Justice and Equality, of which I am a member, to discuss the delays in establishing it. They used the delay in the ratification of this convention as a means to justify people who needed to be made a ward of court not being paid. Some of them have passed away. They said the relevant capacity legislation will not be commenced or progressed until 2019. Even with ratification, it is fundamentally important that we have legislation, policy changes and progress.

Another example relates to people who need early intervention or diagnosis such as an occupational therapist or speech and language therapist appointment or an appointment with an allied health professional such as a psychologist. They have to wait years. It is important not to label people but some will develop morbidity and difficulties based on their diagnosis unless the State provides them with the republic of opportunity that is central to the programme for Government. UN ratification is an announcement, a step forward and a positive political measure but progress in this regard will be measured by compliance and ensuring every person with a disability gets the intervention they need in the republic of opportunity from the day they are born. People with global developmental delay and multiple disabilities are left lingering in our health and social care system without adequate support. It is important that there is progress in the years to come.

It is also important that the convention is not a panacea to ensuring we finally treat people with disabilities with the respect and dignity they deserve. Some face systemic discrimination daily and the cold snap experienced last week should crystallise this clearly in our minds as public transport services ground to a health, roads became impassable and timetables went out the window upsetting their carefully planned routines. Public offices closed their doors and carers were unable to make their visits. All this disruption adversely affects those with disabilities more than other groups. I ask that Members be mindful of that in the context of ratification. As Deputy Breathnach said, there should be a full audit at local authority and departmental level to build an inclusive approach in order that those with disabilities are not impeded by the barriers of bad planning and the cumulative neglect generated by the lack of development of an appropriate system in the public service.

Fianna Fáil takes this matter seriously. When we were in government, we published the national disability strategy, which resulted in more residential and respite care places and the passing of important legislation. However, it is inexcusable that there are delays currently, which goes back to my original point about compliance. The enactment of the Disability (Miscellaneous Provisions) Bill 2016 has been too slow, even in the context of the current pace of legislative change. There is unanimous support to bring it through but the Department of Justice and Equality and other Departments are not giving it the attention it deserves to ensure change. It is important that there are no constraints on legislation and that progress is made in this area. Work on the Bill needs to be ramped up and it should be brought to committee without delay, while groups affected by it need to be engaged with genuinely and not just as a face-saving, box-ticking measure.

I welcome the ratification of the convention. It is a positive day for the Minister of State. He set this out as one of his policy priorities and he has achieved that, but the acid test for him will be to ensure compliance with the convention and to give people hope and an opportunity in order that they do not continue to face the historic barriers and constraints they have faced over many years. He will have the full support of our party in that regard.

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