Dáil debates

Tuesday, 4 December 2018

Saincheisteanna Tráthúla - Topical Issue Debate

UN Convention on the Rights of Persons with Disabilities

6:45 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The UN Convention on the Rights of Persons with Disabilities is about autonomy and independence. Yesterday was the International Day of Persons with Disabilities. The full implementation of the UN convention, and the essential optional protocol that must follow it, would allow disabled people to have freedom, choice and control over all aspects of their lives. It would allow them to participate fully and as equals in an inclusive society. This act of empowerment will require resourcing, primarily through personal budgets, and the employment of personal assistants directly by disabled people to allow them to carry out tasks that their disabilities will not allow them to do independently. This year has been a significant one for disability rights. We need to make 2019 the year of delivery and implementation. Mr. James Cawley and Ms Shelly Gaynor of Independent Living Movement Ireland made a presentation in the Oireachtas audiovisual room this lunchtime. All of the members of the movement deserve the delivery of their rights and of equality, as does everyone represented by Inclusion Ireland, the Disability Federation of Ireland and Rehab Ireland. Representatives of those organisations were also in attendance at today's event. I urge the Government to make speedy progress with the Disability (Miscellaneous Provisions) Bill 2016 and to ratify the optional protocol.

Photo of Kathleen FunchionKathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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I will focus on education. When can we expect the right to education to finally become a universal right for all children, including children with additional needs and children on the autism spectrum? We know there are long waiting lists for diagnosis. This means children are being left behind. Obviously, this has a major impact on their education. I would like to mention a particular case in Thomastown, which is in my constituency, as a living example of what we are talking about. A young girl who has been diagnosed with autism is being treated extremely badly by the Department of Children and Youth Affairs. She was supposed to start primary school in September 2018, but due to her diagnosis and the non-availability of school places, she will be unable to do so until September 2019. The Department has said that she is not entitled to any more years under the early childhood care and education scheme because the two years to which she is entitled under the scheme have elapsed. I understand it is possible for over-age exemptions to be made under the scheme, but the Department seems to believe she does not qualify. This means she is being as a second-class citizen. Why is her right to education being affected simply because she has autism?

I will send the details of the case to the Minister of State and ask him to deal with it.

6:55 pm

Photo of Pat BuckleyPat Buckley (Cork East, Sinn Fein)
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Ireland signed the UN Convention on the Rights of Persons with Disabilities, UNCRPD, in March 2007. In March 2018, following many years of tireless work by campaign groups, disability advocates and wider civic society, the Government ratified the convention, the purpose of which is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities and to promote respect of their inherent dignity. At the core of the convention is the realisation of rights that have long been denied to people with disabilities. The Assisted Decision-Making (Capacity) Act 2015 is at a standstill. The failure to ratify the optional protocol is yet another setback. The protocol has to be progressed. On 9 November 2017 Deputy McDonald and I introduced the Assisted Decision-Making (Capacity) (Amendment) Bill 2017, which will promote and ensure the rights of people subject to the Mental Health Act. We need to move forward in order that Irish citizens will never be denied their rights, dignity and the capacity to make choices for themselves. We need a new mental health Act that will meets the standards of the UNCRPD.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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Gabhaim buíochas leis an gCathaoirleach Gníomhach as ucht an ábhair seo a phlé. Today, at a briefing organised by Teachta Ó Caoláin, Shelly Gaynor and James Cawley from Independent Living Movement Ireland, Sarah Lennon from Inclusion Ireland, Cathy Moore from Rehab Ireland, Allen Dunne from the Disability Federation of Ireland and Joan Carthy from the Irish Wheelchair Association told us that, without adequate services, citizens living with disabilities were like prisoners. In County Louth I work with many groups and individuals who advocate for services for people with disabilities such as Parents and Friends of the Intellectually Disabled, the Louth respite group, WALK PEER and others, all of which I commend. They have fought a battle a day with successive Governments over the lack of funding, planning and resources, which is contrary to the UN convention. It took 11 years for the Government to ratify it, which was not good enough.

Photo of John BradyJohn Brady (Wicklow, Sinn Fein)
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I welcome the increase in the medical card earnings disregard for persons in receipt of disability allowance. It will benefit employees with disabilities but not business owners with disabilities. I have been contacted by a business owner in receipt of partial capacity benefit who will see absolutely no benefit as a result of the changes announced. Changes in medical card assessment should be totally inclusive of all persons with a disability, whether they are an employee or an employer. It is time we made rights real for all.

Photo of Finian McGrathFinian McGrath (Dublin Bay North, Independent)
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I thank Deputies Ó Caoláin, Funchion, Adams, Buckley and Brady for raising this very important issue. I am grateful to have the opportunity to update the House on progress to deliver on the rights contained in the UN Convention on the Rights of Persons with Disabilities since it came into force in Ireland on 19 April 2018. It is something of which we are all very proud in government. It was ratified at the United Nations in New York and I attended to represent Ireland.

The topic is particularly timely, given that yesterday, 3 December, was International Day of Disabled Persons. I attended a number of events with a lot of families and disabled people. We are making good progress in making all of the convention’s requirements operational in Ireland in an appropriate manner. Considerable progress has been made to overcome the remaining legislative barriers to Ireland’s full implementation of the convention as set out in the 2015 roadmap. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. Section 5 of the Criminal Law (Sexual Offences) Act 1993 was reformed through a 2017 Act of the same name to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights.

Two further priority implementation issues were raised by the Deputies. They are the enactment of the Disability (Miscellaneous Provisions) Bill 2016 and the commencement of the Assisted Decision-Making (Capacity) Act 2015. I am pleased to announce a date for Committee Stage of the Disability (Miscellaneous Provisions) Bill 2016 has been set - 19 December - when it is proposed important amendments will be brought forward to enable an increase in the target for the employment of persons with disabilities in the public sector, from 3% to 6%, on a phased basis by 2024. As the House is aware, the Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. New administrative processes and support measures, including the setting up of the decision support service within the Mental Health Commission, a body under the aegis of the Department of Health, must be put in place before the substantive provisions of the Act can be commenced. Every effort is under way to ensure the decision support service will be ready for business as soon as possible. While the director of the decision support service is working towards being operational and ready for the commencement of the main provisions of the Assisted Decision-Making (Capacity) Act in early 2020, the situation will be kept under review as the preparatory work for implementation moves forward.

The Deputies spoke about resources. Budget 2019 provides for an allocation of €3 million in the Vote for the Department of Justice and Equality for the establishment of the decision support service. A sum of €3 million was also provided for the service in the Vote for the Department of Justice and Equality in 2018. I promised that we would ratify the UNCRPD and I am delivering on that promise with the support of the Government.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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There was some mirth when the Minister of State announced that the date for Committee Stage of the Disability (Miscellaneous Provisions) Bill 2016 had been set for 19 December. As I set that date, the Minister of State is a little late, but I welcome him on board. We will ensure Committee Stage is completed. It is critical that Minister of State ensure Report and Final Stage will be scheduled as is humanly possible following the resumption of the Dáil in January. No dilly-dallying in taking those Stages on the floor of the Dáil will be acceptable. This is very important and I hope the Minister of State will afford himself the opportunity, in responding to me at the conclusion of the debate, to confirm that is exactly his intention.

On the decision support service, it is absolutely unacceptable that we are looking at a situation where the main or critical elements of the Assisted Decision-Making (Capacity) Act will be commenced in 2020. That is not what we were told previously. When officials from the Department of Justice and Equality appeared before the Joint Committee on Justice and Equality just over a year ago to discuss the legislation, we were told, to our shock and horror, that they would be commenced in 2019. Now we are looking at their being commenced in 2020, not in the coming year, which is absolutely shameful. Whatever the reasons for this protracted and further delay, the Minister of State is in the position to make sure it will continue no longer. I ask that he take on board the very important need to move on the promise made in respect of the Assisted Decision-Making (Capacity) Act to ensure the decision support service will be fully up and running.

The Minister of State made no mention of the optional protocol. When he appeared before the Joint Committee on Justice and Equality 12 months ago this month, he indicated that the UNCRPD and the optional protocol would be ratified in tandem on the same day, but that has not happened. He has since appeared before the committee again when we addressed this issue. I ask him to match his words with deeds.

Photo of Finian McGrathFinian McGrath (Dublin Bay North, Independent)
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I thank the Deputy for his comprehensive response. I do not do dilly-dallying and will drive the legislation forward. That is my clear objective.

On the issues raised by the other Deputies, Deputy Funchion mentioned a child with autism who had been left behind. She should give me the details and I will follow up on the matter.

Deputy Brady made a point about business owners being left out, the medical card and employment. We will also look at those issues.

My objective is to include as many people with a disability as possible in the employment sector.

I welcome the remarks from Deputy Ó Caoláin. I appreciate his support and that of the Joint Committee on Justice and Equality. I welcome the debate in the House because it brings the disability issue into the mainstream of politics. I will reflect on the remarks made by Deputies.

It is important to remember some points when we are talking about rights and human rights. I secured an additional €150 million in budget 2019 for disability services. I continue to drive through a wide range of practical reforms to improve the lives of people with disabilities and to focus on their ability. We are making consistent moves toward the full implementation of all the requirements of the convention. Considerable progress has been made this year and we have effective structures in place. The structures include the national disability strategy steering group, assisted by the disability stakeholders group, which holds the Government to account. The Irish Human Rights and Equality Commission is in the process of constituting its monitoring committee. This will complete another piece in the jigsaw.

Of course it is important that we acknowledge the need for services for people with disabilities. I will set out five examples. We have restored the carer's grant to €1,700 for 101,000 families. We have brought in the medical card extension for children in receipt of the domiciliary care allowance. A total of 11,000 children have benefited. We have given an extra €10 million through the Ability programme. We gave an extra €10 million in 2018 for the respite care houses. The last of the 12 houses is being completed next week. The past three budgets have seen a €15 increase in the disability allowance. We are moving along. Do we want to move faster? Yes, absolutely, and I will drive this legislation. I will drive the disability agenda forward with respect for human rights for all citizens in the country.

7:05 pm

Photo of Declan BreathnachDeclan Breathnach (Louth, Fianna Fail)
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I thank Deputies for their succinctness and for sticking to the times.