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

I propose to take Questions Nos. 95 and 97 together.

Ireland ratified the United Nations Convention on the Rights of Persons with Disabilities, UNCRPD, on 20 March 2018. This marked an important milestone in the process to strengthen the rights of people with disabilities in Ireland and has gathered momentum since Ireland became a signatory to the convention in 2007. Ireland’s approach to meeting the obligations of the UNCRPD is one of continuous advancements each year moving forward on key reforms to strengthen consistently and uphold obligations and the rights arising from the convention. I recognise the importance of the optional protocol to the UNCRPD. As the Deputies will be aware, the optional protocol is an international treaty which establishes procedures on the strengthening of the implementation and monitoring of the convention. Ratification of the optional protocol is a commitment in the programme for Government and the timeline for ratification was intended to follow the conclusion of the State’s first review period before the UN committee. Due to the delays at UN level, I understand that Ireland’s appearance before the UN committee will now be delayed possibly for some time. In light of this, both the senior Minister, Deputy O’Gorman, and myself have indicated that we are open to earlier ratification, contingent on the State being in a position to meet its obligations thereunder. This reflects the State’s longstanding approach to entering into binding international obligations in good faith and at a point where the State is in a position to meet its obligations.

As Minister of State with responsibility for disability, I want to ensure that we are in a position to uphold all of our commitments under the UNCRPD once the optional protocol is ratified. In that regard, the commencement of the Assisted Decision-Making (Capacity) Act 2015 is required before ratification can occur and for closer alignment with the convention. It is intended that the important legal reform will be in place once the Assisted Decision-Making (Capacity) (Amendment) Bill is passed into law. This Bill has completed Committee Stage and we look forward to working with all Members to pass this legislation as expeditiously as possible.

In addition to the passage of the Bill, my Department is in the process of scoping what other requirements there might be before ratification can occur. If any further requirements for ratification are identified, these will be addressed as a matter of priority.

Addressing Deputy Smith directly, the basis of her question is on the scoping that is going on, which is to ensure that all Departments are in a position to ensure that the optional protocol can be enacted as quickly as possible. This is why the scoping is going on at the moment.

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