Dáil debates

Thursday, 13 December 2007

4:00 pm

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
Link to this: Individually | In context

Question 7: To ask the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 98 of 7 November 2007, when he expects the UN Convention on the Rights of Persons with Disabilities to be ratified; if the optional protocol to the convention was signed by Ireland; if not; the reasons for same; and if he will make a statement on the matter. [34621/07]

Photo of Jimmy DevinsJimmy Devins (Sligo-North Leitrim, Fianna Fail)
Link to this: Individually | In context

Ireland was in the first group of countries to sign, subject to ratification, the UN Convention on the Rights of Persons with Disabilities when it opened for signature on 30 March this year. The Government established a high level, cross-departmental implementation group earlier this year to advise on any changes to the Government's national disability strategy that may be required to enable the State ratify the convention.

Ireland, among a substantial number of other contracting states, has not signed the optional protocol to the UN convention. The matter will be considered further in the context of a decision to ratify the convention. It is intended that the convention will be ratified by Ireland as quickly as possible consistent with the need to ensure all necessary requirements under it are being met.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
Link to this: Individually | In context

Is there an outside target date for ratifying the convention? Will it be necessary to make substantial changes to legislation? What barriers are there to signing the optional protocol? Does the Government intend to sign the optional protocol when ratification is complete?

Photo of Jimmy DevinsJimmy Devins (Sligo-North Leitrim, Fianna Fail)
Link to this: Individually | In context

The Government intends to ratify the convention as quickly as possible consistent with the need to ensure all necessary requirements under it are being met. The Department of Justice, Equality and Law Reform chairs the cross-departmental implementation group, the work programme of which encompasses all legislative and administrative matters that need to be aligned with the convention to enable ratification as soon as possible. To ratify the convention, we need to ensure legislation policies, programmes and schemes are in line with the articles of the convention. While the national disability strategy comprehends many of the provisions of the convention, Ireland will have to align those matters falling inside and outside the strategy with the provisions of the convention. The cross-departmental implementation group is doing this work. The law on the legal capacity of vulnerable adults needs to be addressed. The Department is preparing the scheme of a mental capacity Bill which will enable Ireland to meet the convention's legal capacity obligations.

We did not sign the optional protocol on 30 March, as it warrants close examination in consultation with the Office of the Attorney General. The Government will address the matter when it considers ratification of the convention. The protocol deals with the competence of the United Nations to deal with violations of the rights contained therein. Ireland is among many contracting states which have not signed the protocol.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
Link to this: Individually | In context

Is the Minister of State aware of developments at UN level such that Ireland could lose out on having an important say on developments if we do not ratify the convention? Has he given the implementation group a deadline for ratification of the convention? Does he envisage any major changes to the national disability strategy regarding the capacity of the State to ratify the convention? Given the various protocols and articles under the convention does he see the current strategy as adequate to meet the demands for ratification of the convention?

Photo of Jimmy DevinsJimmy Devins (Sligo-North Leitrim, Fianna Fail)
Link to this: Individually | In context

We will ratify it as soon as possible. In answer to the Deputy's other question, the cross-departmental group will report and on the basis of the report, we will decide if anything further needs to be done.

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

I welcome the Minister of State's answer to Question No. 7 on the United Nations Convention on the Rights of People with Disabilities and I urge that the matter be prioritised.

Does the Minister of State share my concern at the lack of an outcry at the Galway abuse report on the sexual abuse of children and adults with intellectual disabilities? These defenceless people were abused for years and it seems many quarters have remained silent on the matter.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
Link to this: Individually | In context

The Deputy is expanding the scope of the question.

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Would the United Nations Convention on the Rights of People with Disabilities have had an impact on the situation I outlined?

Does the Minister of State accept it is a disgrace that some Irish comedians ridicule people with intellectual disabilities in their acts? Is this behaviour in breach of equality legislation? I ask him to prioritise services for people with intellectual disabilities in the distribution of the extra €50 million in the budget.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
Link to this: Individually | In context

I am not sure any of the Deputies questions come within the scope of the original question but the Minister of State may wish to make an observation.

Photo of Jimmy DevinsJimmy Devins (Sligo-North Leitrim, Fianna Fail)
Link to this: Individually | In context

I agree with Deputy McGrath that any comedian trying to be funny at the expense of a person with disabilities is engaging in appalling behaviour that should not be allowed.

I understand that the issue of Kilcornan will be the subject of an Adjournment debate in the House later. If the Deputy wishes, he can attend. Otherwise I can arrange to have the reply sent to him.