Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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48. To ask the Minister for Justice and Equality her plans to implement the United Nations Convention on the Rights of Persons With Disabilities; the reason for the lack of progress on disability rights throughout this Government's term in office; and if she will make a statement on the matter. [42496/15]

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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My question asks why, over the course of its lifetime, the Government has not ratified the UN Convention on the Rights of Persons with Disabilities.

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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The Government, as the Deputy knows, published a roadmap to Ireland’s ratification of the United Nations Convention on the Rights of Persons with Disabilities on 21 October 2015. The roadmap details the legislative changes to be undertaken to enable Ireland to ratify the convention, along with the estimated timeframe involved and a clear and unambiguous deadline for ratification by the end of 2016. As announced, the Government has inter alia approved the drafting of the equality/disability (miscellaneous provisions) Bill to make a range of miscellaneous amendments to statute law necessary to enable ratification. Work on the general scheme of this Bill is underway, with a view to submission to Government very soon.

The Deputy will also be aware that we recently published a comprehensive employment strategy for people with disabilities and that we are at phase 2 of a three phase consultation process that will lead early in the New Year to the adoption of a new disability inclusion strategy. I am committed to continuous improvement where equality and human rights are concerned and the development of this new strategy is an opportunity to bring about real improvements for people with disabilities.

While clearly there is a substantial legislative agenda across a number of Departments to get through, as set out in the roadmap, and a lot of work to be done to prepare a new inclusion strategy that can have a real and measurable impact, I can assure Deputy Mac Lochlainn and the House that we have the drive and enthusiasm to get it done. I am glad that ratification of the convention is a common goal. All political parties support ratification and I am pleased that the Deputy put this issue on the agenda for discussion today.

Civil society groups and stakeholders are also keen to see the convention ratified. Equality is about creating the circumstances that ensure that every individual has equal access to the enjoyment of their rights, with employment playing a central role in that regard. We will maintain the momentum on ratification of the convention, as set out in the roadmap, to make sure that the rights of all persons with disabilities will be protected in our laws.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Prior to the last election five years ago, the then leaders of Fine Gael and the Labour Party, Deputies Enda Kenny and Eamon Gilmore were asked what their priority issue was and both said it was rights for people with disabilities, particularly the rights of families of children with special needs. This Government has repeatedly introduced legislation in a matter of weeks, with some Bills going through all Stages in a single day, but legislation that would empower and protect people with disabilities and give them tangible and clearly defined rights has not been enacted.

I note what the Minister of State said about enthusiasm and energy. In fairness, the current Minister and Minister of State at the Department of Justice and Equality have been in office for just over a year and a half. However, collectively, this Government has failed to address this issue. There are only a few months left in this Government's term and I do not understand why we cannot proceed to ratify the aforementioned convention. What is objectionable within the convention? Why can we not ratify it? Is it a case of civil servants, yet again, in the ear of the Minister of State saying that there may be unknown or unforeseen consequences and urging caution instead of proceeding and doing what is right? This should have been done many years ago.

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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I assure the Deputy that nobody is having a word in anyone's ear urging caution. The reality is that Ireland takes a different approach to these matters. There are many countries around the world which will ratify this convention but it will have no meaningful effect. Ireland does these things differently.

This means that effectively when Ireland ratifies a convention it has material effect. Other countries can ratify it but it is a meaningless statement. Ireland signed the UN Convention on the Rights of Persons with Disabilities in 2007 and is one of three EU member states yet to ratify. I agree it has taken too long and have no difficulty in accepting that, but different countries take different approaches. We take our international obligations very seriously and we do not ratify until we can guarantee compliance. We sign conventions as a declaration of our commitment that we want to apply the convention concerned in Ireland but we ratify when we can guarantee to our international partners that we are meeting our commitments. We could ratify in the morning, but we still have a number of steps yet to take.

Under the Constitution, the conduct of international affairs is the responsibility of Government, and this includes ratification of international conventions. However, the sole prerogative of legislating for the State is vested in the Oireachtas. This is also reflected in Article 29.6 of the Constitution, which states that no international agreement shall be part of the domestic law of the State, save as may be determined by the Oireachtas. That is how we do things in Ireland. When we ratify, it has meaningful import.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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My core criticism still stands. The five-year term of this Government is now almost complete. A range of legislation has been drafted, identified as a Government priority and pushed through ahead of recesses and, sometimes, pushed through all Stages on the one day. We are not going to resolve this by arguing here today. What needs to be agreed by all parties, on all sides of these Houses, is that in the term of the next Government, whatever its make-up, we collectively commit to ratification of this convention and to addressing the legislative issues, and that we give that commitment to people with disabilities and their families, as well as the disability NGOs. As the Minister of State can probably guess, it is the disability NGOs that are demanding the meetings with the political parties. They are saying that we in these Houses have failed to address these matters and, ultimately, this Government has failed.

I am not saying the Minister of State or his senior colleague care less about people with disabilities than I do. However, we have to accept there has been a failure in this Government term and it cannot happen again in the term of the next Government. We cannot make people with disabilities a second, third or fourth priority. They need to go to the top of the priority list the next time.

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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I can confirm the Assisted Decision-Making (Capacity) Bill will be enacted by the end of the year. While I take the Deputy's point about the ratification of the convention, I have stated the reasons that Ireland has a different approach to other countries. In terms of the equality agenda, in every area I and the Minister, Deputy Fitzgerald, deal with, from LGBT rights to people with disabilities, to Travellers and to migrant issues, employment always comes up as a central issue for all people on the edge of society who want to get involved in the mainstream. In particular, this includes dignity at work, access to the labour market and protection within work. That is why the comprehensive employment strategy was key to the Government's work in this area. If a person has a disability that does not restrict them from entering the workforce, or if a person is in the workforce and acquires a disability, the person can be a part of the workforce. We feel passionately about that, which is why we place so much emphasis on it. That is a key part of this Government's commitment to people with disabilities and will continue to be so.