Finian McGrath (Dublin Bay North, Independent) | Oireachtas source

I thank all my colleagues for their contributions and particularly for their positive comments and constructive suggestions. I was very interested in some of the negative comments and I will deal with those in a few minutes.

The ratification of the convention is a common goal that should unite us all. All political parties and Independents support the ratification of the UN convention. Civil society groups and stakeholders are keen to see it ratified. As I said at the start, we are dedicated to continuous improvement where equality and human rights are concerned. I firmly believe equality is about creating circumstances in which it can be ensured that every individual has an equal opportunity to enjoy his or her rights. I accept, however, the point made by many of my colleagues that rights are of no use unless there are services and implementation. It is a valued argument.

When I took over as Minister of State, we saw the restoration of the carer's grant to €1,700. The extension will have benefited 1,000 families. Medical cards were made available to 11,000 children in receipt of the domiciliary care allowance. Some €3 million was allocated for the Decision Support Service, which Members should remember is the engine room of the convention. Some €10 million was allocated for the ability programme, which concerns the training and employment of young people. Some €167 million extra was allocated through the HSE in respect of the social care plan for the period 2017 to 2018. Recently, following lobbying from many of my colleagues, €10 million was made available for respite services. It is important that we acknowledge that we are implementing certain measures.

I will address the Members' concerns about ratification. I am very confident that all the Departments will work with them on this. The necessary legislation will be in place before the first phase of reporting under the convention. A clear timescale has been drawn up to address the remaining implementation issues in line with the proposals for the progressive realisation of services that operate in respect of compliance with the convention. Priority drafting has been approved for the disability (miscellaneous provisions) Bill and a stand-alone Bill to deal with the deprivation of liberty. There were delays and I accept the criticism in that regard. As I stated, €3 million was allocated in budget 2018 to facilitate the establishment of the Decision Support Service. We have already appointed the director, Ms Áine Flynn, and we are experiencing some technical delays in the appointment of the project manager.

The reservations and declarations have to be entered at the time of ratification and can be reviewed. In each of these areas, it is the Government's view that there is a reason to make a declaration or issue a reservation to allow for compulsory care and treatment under the Mental Health Act to permit substitute decision-making in limited circumstances as a last resort where there are considerable capacity issues and to deal with specific occupational requirements for employment in the Defence Forces or emergency services.

With regard to the monitoring framework, Deputy Maureen O'Sullivan and some others raised the possibility of involving people with disabilities. The convention provides in Article 33 for the establishment of a monitoring framework. This will be facilitated by the Irish Human Rights and Equality Commission with the support and technical expertise of the National Disability Authority. More important, as Deputies pointed out in the debate tonight, it is essential that the monitoring be carried out by persons with lived experience of disability. I accept that, and it will be acted on. I assure the House tonight that this is a key principle of the arrangements that will be put in place by the Irish Human Rights and Equality Commission.

Consultation is taking place. The advertisements were put out in September and people have made detailed submissions. Last December, we put the advertisements in the newspapers. The provisions are designed to address the issues of safeguards for older people, persons with a disability and some categories of people with a mental illness to ensure they are not unlawfully deprived of their liberty in certain residential facilities. These are the points the Deputies raised. The approach proposed in the draft provisions represents a significant cultural change by comparison with the status quo, whereby third parties often make decisions on behalf of vulnerable people.

I thank everybody for contributing to the debate. I did not get to cover many of the points I wanted to cover. My focus, however, has been on ratifying the convention. I accept this is a first step. We need to implement and deliver the services. I commit in the Dáil tonight to doing my best and I urge everyone to support the motion.

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