Anne Rabbitte (Galway East, Fianna Fail) | Oireachtas source

I thank Deputy Cairns for raising the issue of the optional protocol and recognise that Friday is international day for persons with disabilities. It is also great to have the opportunity to discuss the matter this week and keep a focus on the agenda. I appreciate the Deputy's commitment and that of the entire House for the progression and ratification of the optional protocol.

Ratifying the optional protocol to the UN Convention on the Right of Persons with Disabilities is a matter of significant importance to me and the Minister. Ratification is a commitment in the programme for Government and the Minister and I have stated that we wish to see the protocol ratified as soon as possible. Work has begun to identify the steps that need to be put in place to enable early ratification of the protocol. However, the Government and I have always been mindful of the need to be able to meet and honour our obligations arising from international commitments. Ireland has a reputation as a good faith actor on the international stage and as a leader on human rights issues. It is a hard-won reputation based on a long-standing policy whereby we do not enter into binding international obligations without first being sure that we can meet and honour the commitments we take on.

The Minister and I are working to ensure that Ireland will be a position to honour the obligations in the optional protocol upon ratification. To this end, ratification of the optional protocol requires progress being made in key areas of legislation so that Ireland can move closer to full compliance with the UN Convention on the Right of Persons with Disabilities. Fully commencing the Assisted Decision-Making (Capacity) Act 2015 is a priority for us in this regard. We are working intensively on an assisted decision-making capacity (amendment) Bill which will streamline processes and improve safeguards for everyone who will rely on the Act and the decision support services that it established. This is a fundamental change in how people with disability are supported in their decision making and is a key measure in progressing the realisation of Ireland's compliance with the UN Convention on the Right of Persons with Disabilities, especially Article 12.

It is important to put on the record of the Dáil that today I wrote to the Chair of the , Deputy Funchion, regarding the heads of a decision-making capacity (amendment) Bill. I have progressed it, and I now ask the committee to give it priority so that I can ensure a full commitment. I have always said that decision support services should be in place by June of next year.

In addition, a comprehensive review process is needed to ensure that Ireland's other systems and processes for personal persons with disabilities, particularly complaint and redress mechanisms, will meet the obligations in the optional protocol. The Office of the Attorney General will play an essential role in the review and officials in the Department of Children, Equality, Disability, Integration and Youth will conduct work over the period ahead.

In terms of time, the programme for Government contains a firm commitment to ratify the optional protocol after the first UN Convention on the Rights of Persons with Disabilities reporting cycle has concluded. Although Ireland has already submitted its initial state report under the convention, it is possible that the report may not be reviewed as quickly as originally anticipated. As a consequence, the completion of the reporting cycle may take longer than planned. However, the Minister and I are keen to ensure that Ireland's ratification of the optional protocol is not delayed for this reason and we will prepare for ratification once the review of domestic procedures, complaints and the redress mechanism has been completed and any action that may arise from that process has been undertaken.

In the immediate term, we know we need the commencement of the Assisted Decision-Making (Capacity) Act 2015 and the full operation of decision support services. I would like to underline the commitment of the Government to implementing the UN Convention on the Rights of Persons with Disabilities.

See this speech in context