Holly Cairns (Cork South West, Social Democrats) | Oireachtas source

I thank Minister of State. Of anyone in government, I do not doubt her commitment in this area. However, I am concerned at the conditionalities Departments keep putting up that supposedly block ratification. In 2015, it was the intention to ratify the convention and the optional protocol together. By 2018, however, it was just the convention. We then had to wait until after the first reporting cycle under the convention, which, at the current pace, is still years off. In response to pressure on that hurdle, the emphasis has now fallen on the commencement of the Assisted Decision Making (Capacity) Act 2015, which I welcome. It will come before the , and I will push for it to be prioritised. The review of the current legislation for decision support service gets an occasional mention.

The goal posts keep shifting, and all the time people with disabilities are denied access to housing, cannot get suitable transport for work or socialising and are disproportionately at risk of poverty and social exclusion. Exhausted parents have to fight for therapies from under-staffed children's disability network teams and carers are left without respite

In this week, with International Day of Persons with Disabilities imminent, what will the Government do? The Minister spoke about identifying the steps it needs to take. One one hand, we have independent experts, including the Irish Human Rights and Equality Commission and Professor Gerard Quinn, the UN special rapporteur on the rights of persons with disabilities, stating that the protocol can be ratified immediately, without the need for all of the steps and compliance with the Assisted Decision Making (Capacity) Act 2015. There is no need for legislative or structural changes. Other countries have done that and they have come before the committee and explained that to us. On the other hand, we have Departments continually shifting their position, with barrier after barrier being put up, as well as a process which is at odds with the approach taken by countries that have done this successfully and that ratified the optional protocol years ago. The Government has a very clear choice. Surely, it would choose to follow the advice and more quickly protects the rights of people with disabilities.

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