David Stanton (Cork East, Fine Gael)
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Question 8: To ask the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 993 of 24 September 2008, if he will be in a position to ratify the UN Convention on the Rights of Persons with Disabilities once the law on the legal capacity of vulnerable adults has been amended; the other legal or administrative requirements which must be met for ratification to proceed; if he has set a provisional target date for ratification; and if he will make a statement on the matter. [47092/08]

John Moloney (Laois-Offaly, Fianna Fail)
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It is the Government's intention to ratify the UN convention as quickly as possible, taking into account the need to ensure that all necessary requirements under the convention are being met.

The interdepartmental committee established by my Department to advise on and monitor the legislative and administrative actions required to enable the State to ratify the convention has developed a work programme that is being actively addressed by Departments. The Disability Act 2005, underpinned by the national disability strategy, meets a considerable portion of the convention's requirements. In so far as my Department is concerned, the mental capacity Bill, which is in the course of being drafted by Parliamentary Counsel, forms an important part of what is required to facilitate ratification of the convention. Work on what is involved by way of implementation of the various other provisions in the convention, which are extensive, continues in the relevant Departments.

The Government's decision on the matter of ratification of the convention will be made in due course, as it must, on the basis of being fully satisfied that all requirements are met in each Department.

David Stanton (Cork East, Fine Gael)
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I thank the Minister of State for his response. Given the fact that the convention was signed in March 2007 and came into force in May 2008, will the Minister of State outline to the House what is required, apart from the mental capacity Bill, or send a note to that effect? What is the position on the optional protocol attached to the convention? Some 80 countries have signed it and 26 have ratified it, but we have not signed it. What are the obstacles to our signing?

Now or by way of note, will the Minister of State outline what other departmental changes must be made to allow the convention to go ahead? Does the Minister of State agree that we should view the convention as a human rights issue as opposed to a legal one?

John Moloney (Laois-Offaly, Fianna Fail)
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It is both a legal issue and a human rights one. The Disability Act 2005, underpinned by the national disability strategy, meets a considerable portion of the convention's requirements. In so far as the Department is concerned, the mental capacity Bill, which is in the course of being drafted by Parliamentary Counsel, is the main part that has been missing.

To clarify and as indicated in my earlier response, the convention will be ratified as quickly as possible, consistent with the need to ensure that all of the requirements under the convention are met. In a nutshell, the ratification depends on the mental capacity Bill. Given the importance of this matter, I commit to advancing it as quickly as possible in the new year.

Pat Rabbitte (Dublin South West, Labour)
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Thank God for one polite Minister at the Department of Justice, Equality and Law Reform.

John Moloney (Laois-Offaly, Fianna Fail)
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I suppose that will wear off with time.

Finian McGrath (Dublin North Central, Independent)
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The Minister of State confirmed that the convention will be ratified, but will that be in three, six or 12 months? Given his responsibility for people with disabilities, will he ensure that there will be no cuts in services for people with disabilities in the next 12 months? I urge him to protect his brief.

Brendan Howlin (Wexford, Labour)
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We have gone beyond the scope of the question.

John Moloney (Laois-Offaly, Fianna Fail)
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The timing hinges on the mental capacity Bill, but the Departments of Enterprise, Trade and Employment and Justice, Equality and Law Reform must be factored in as well. I will stick with my original answer, that is, within six months.

David Stanton (Cork East, Fine Gael)
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What is the situation regarding the optional protocol? Has the Attorney General examined it, as the House was informed earlier? If so, what was the outcome of the examination? Is there an obstacle to signing the protocol attached to the convention? What additional commitments are we expected to give and what obligations must we meet in order to sign the protocol?

John Moloney (Laois-Offaly, Fianna Fail)
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The matter is still with the Attorney General. I expect a response from him in the near future. He is examining what matters outside those relating to the mental capacity Bill need to be taken into consideration before the final——

David Stanton (Cork East, Fine Gael)
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The protocol is a separate issue.

John Moloney (Laois-Offaly, Fianna Fail)
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I am aware of that. The Attorney General is examining what the protocol entails. The Deputy tabled a number of questions in respect of this matter in recent months and progress appeared to be slow. I wish to give a commitment that the Attorney General's response on the protocol will be forthcoming within two to three months of the Dáil resuming business at the end of January.