Dáil debates

Thursday, 27 February 2014

Other Questions

Rights of People with Disabilities

10:40 am

Photo of Colm KeaveneyColm Keaveney (Galway East, Fianna Fail)
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9. To ask the Minister for Justice and Equality to set out the plans to ratify the United Nations Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [9493/14]

Photo of Colm KeaveneyColm Keaveney (Galway East, Fianna Fail)
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The object of the question is to establish when the Minister will proceed with the ratification of the United Nations Convention on the Rights of Persons with Disabilities. Will the Minister indicate when he plans to proceed with its ratification? Will the Minister share with the House some of the obstacles that he envisages with respect to its current delay in ratification?

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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The Government intends to proceed to ratification of the convention as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the convention are met. As the Deputy may be aware, Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by them, including the amendment of domestic law as necessary.

An interdepartmental committee on the convention is monitoring the remaining legislative and administrative actions required to enable ratification. As part of its work programme, the committee has identified issues to be considered by various Departments. It is a matter for these Departments to determine whether any actions are required to address the issues in advance of ratification and report back to the committee. This work is ongoing in all Departments. At the request of the committee, the National Disability Authority, the lead statutory agency for the sector, is also assisting in assessing remaining requirements for ratification to ensure that all outstanding issues will be comprehensively addressed.

For my Department one of the key requirements is the enactment of capacity legislation. The programme for Government contains a commitment to introduce a Bill in line with the UN Convention on the Rights of Persons with Disabilities. The Assisted Decision-Making (Capacity) Bill, published on 17 July 2013, provides a series of options to support people with impaired capacity to make decisions and exercise their basic rights in line with the principles of the UN convention. It undertakes a comprehensive reform of existing legislation governing capacity. The Bill will go to Committee Stage shortly. The enactment of this legislation is one of the core elements of the remaining work to be completed to enable ratification by the State of the UN convention.

Photo of Colm KeaveneyColm Keaveney (Galway East, Fianna Fail)
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I thank the Minister of State for her response. Thankfully, we are addressing the Assisted Decision-Making (Capacity) Bill. However, I believe the Bill contains some problematic features, not least in that the convention is clear that persons with disabilities must enjoy legal capacity on an equal basis with others in aspects of life. Elements of the Bill are problematic and in this regard I call on the Minister of State to consider amendments on Committee Stage with respect to the views from the other side of the House on improvements we are keen to see. Does the Minister of State intend to accept amendments on Committee Stage?

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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It is difficult to say "Yes" until we see the amendments. Our approach to this legislation has been unique. In my experience and in the experience of the officials in the Department there has never been such widespread consultation. It is still open-ended. We are still examining the matter. As recently as last week we met representative from the College of Psychiatrists of Ireland to discuss deprivation of freedom under the legislation. We hosted an international conference in which people who have had a good experiences in respect of enhanced capacity decision-making gave their views. Equally, we listened to the views of those from other countries where the experience has not been so good. We are open-minded about the legislation but until we see the amendments it is difficult to know whether to accept them. Our minds are not closed.

Written Answers follow Adjournment.