Róisín Shortall (Dublin North West, Social Democrats) | Oireachtas source

On 7 March, the House approved the terms of the UN Convention on the Rights of Persons with Disabilities. This was a long overdue action because the original convention was signed by this country 11 years ago. Ratification of the convention was warmly welcomed by all sides of the House, people with disabilities and campaigning groups.

The Taoiseach highlighted it in one of his weekly messages. During the course of that debate I, and others, sought clarification from the Minister of State, Deputy Finian McGrath, in respect of the associated optional protocol to the convention. This question was studiously avoided by the Minister of State. It later transpired that the Government had no intention of ratifying the optional protocol. This was in spite of the fact that a commitment was given in the 2015 roadmap that the convention and the protocol would be ratified simultaneously. The failure to ratify this protocol renders the convention toothless because people with disabilities will be denied access to the complaints mechanism of the convention. The purpose of the optional protocol is to enable people to make complaints to a recognised UN body where their rights under the convention have been violated. Without it, it is not possible for people to vindicate their rights and ensure that the Government lives up to its responsibilities.

If the Government is serious about supporting people with disabilities to be full and active citizens, what does it fear in adopting the protocol? The Education for Persons with Special Educational Needs Act 2004, the Disability Act 2005, the Citizens Information Act 2007 and the Assisted Decision-Making (Capacity) Act 2015 are all on the Statute Books but have not been fully enacted. The failure to fully commence this legislation means disabled people have no rights to educational supports or assessments of need, no rights to community supports and services and no rights to independent advocacy. The excuse for not adopting the protocol, provided in replies to parliamentary questions, is that we first need to achieve a cultural change in regard to disability rights. It is true that we do need to achieve a cultural change but surely the best way of achieving that cultural change is to make the convention enforceable.

Will the Taoiseach live up to the commitments in the roadmap and accept the necessity to adopt this protocol as a matter of urgency?

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