Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

My apologies. In response to Deputy Duncan Smith, while I appreciate the intention behind the amendment, the Government's position has not changed on this provision since Committee Stage. The amendment being proposed is unusual in terms of legislative norms and we would also see it as unnecessary in order to achieve the desired effect of the provision. Following ratification of the UNCRPD in 2018, Ireland is already bound by the obligations contained in the convention by decision of the Executive. The amendment is unnecessary as the State, including Departments and public bodies, is under an existing obligation to honour the requirements of the convention and to act in a manner that is compliant with the convention. The provisions of the 2015 Act and this amendment Bill are progressive and rights-based, and they weave that requirement to identify, respect and act in accordance with the will and preference of the relevant person throughout the entirety of the Act. From that perspective, we do not believe the proposed amendment adds anything that is material.

The amendment is also technically problematic as it appears too vague to work in legal practice. As we know, the convention is a large instrument. It is drafted as a document for international consumption and it does not go into the level of detail or the level of rigour that maybe a piece of legislation would. We would have a concern as to whether its principles could be transposed in the manner the amendment seeks in a way that is legally sound and could provide clear definitions. As such, I am still not in a position to accept this amendment.

With regard to amendment No. 62 we discussed this at committee and, again, whereas I understand the intention behind the amendment, I am not clear why it is being proposed in this particular place. The proposed amendment seeks to alter the section of the Bill dealing with the appointed day for the transfer of status of staff from the National Disability Authority. This part of the Bill provides for the transfer of employment status of employees of the National Disability Authority from being public servants to becoming full civil servants of the State. This process will be provided for by the insertion of a new section 27A to the Act of 2015, to which the appointed day relates. I am unsure of the intention of the amendment in the context of what is quite a specific action within the provisions of the Bill.

Deputy Ward's amendment No. 65 seeks to assign an alternative meaning to disability that is different to that set out in statute under the Disability Act 2015. Again, I understand the attempt to move towards a more social model definition. I would also say that the definition specifically used in the convention is not technically tight enough in terms of a provision being put on a legislative basis to serve as the linchpin for determinations made under Irish statute law. The 2005 definition in the Disability Act is broadly consistent with a social model conception of disability, although I recognise it is an older definition. However, it is important that the legal meanings we assign to terms within the Irish Human Rights and Equality Commission Act 2014 would be consistent with other definitions that are contained within primary law and, of course, the meaning that is assigned to disability within the 2005 Act is well established and is widely known and used. While I acknowledge the intention behind this amendment, I do not believe the term being proposed is suitable for inclusion in primary law. I am not in a position to accept that amendment.

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