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

I thank Deputies Ó Caoláin, Funchion, Adams, Buckley and Brady for raising this very important issue. I am grateful to have the opportunity to update the House on progress to deliver on the rights contained in the UN Convention on the Rights of Persons with Disabilities since it came into force in Ireland on 19 April 2018. It is something of which we are all very proud in government. It was ratified at the United Nations in New York and I attended to represent Ireland.

The topic is particularly timely, given that yesterday, 3 December, was International Day of Disabled Persons. I attended a number of events with a lot of families and disabled people. We are making good progress in making all of the convention’s requirements operational in Ireland in an appropriate manner. Considerable progress has been made to overcome the remaining legislative barriers to Ireland’s full implementation of the convention as set out in the 2015 roadmap. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. Section 5 of the Criminal Law (Sexual Offences) Act 1993 was reformed through a 2017 Act of the same name to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights.

Two further priority implementation issues were raised by the Deputies. They are the enactment of the Disability (Miscellaneous Provisions) Bill 2016 and the commencement of the Assisted Decision-Making (Capacity) Act 2015. I am pleased to announce a date for Committee Stage of the Disability (Miscellaneous Provisions) Bill 2016 has been set - 19 December - when it is proposed important amendments will be brought forward to enable an increase in the target for the employment of persons with disabilities in the public sector, from 3% to 6%, on a phased basis by 2024. As the House is aware, the Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. New administrative processes and support measures, including the setting up of the decision support service within the Mental Health Commission, a body under the aegis of the Department of Health, must be put in place before the substantive provisions of the Act can be commenced. Every effort is under way to ensure the decision support service will be ready for business as soon as possible. While the director of the decision support service is working towards being operational and ready for the commencement of the main provisions of the Assisted Decision-Making (Capacity) Act in early 2020, the situation will be kept under review as the preparatory work for implementation moves forward.

The Deputies spoke about resources. Budget 2019 provides for an allocation of €3 million in the Vote for the Department of Justice and Equality for the establishment of the decision support service. A sum of €3 million was also provided for the service in the Vote for the Department of Justice and Equality in 2018. I promised that we would ratify the UNCRPD and I am delivering on that promise with the support of the Government.

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