Dáil debates

Thursday, 2 June 2022

Ceisteanna Eile - Other Questions

International Agreements

9:40 am

Photo of Verona MurphyVerona Murphy (Wexford, Independent)
Link to this: Individually | In context | Oireachtas source

11. To ask the Minister for Children, Equality, Disability, Integration and Youth if he has drawn the attention of the Government of the urgency to ratify the optional protocol of the United Nations Convention on the Rights of Persons with Disabilities, UNCRPD, which would allow people with disabilities to take a case to the United Nations over violation of their rights; his views on whether the State needs to progress the adoption of the optional protocol as a matter of urgency; and if he will make a statement on the matter. [28431/22]

Photo of Verona MurphyVerona Murphy (Wexford, Independent)
Link to this: Individually | In context | Oireachtas source

Has the Minister impressed on the Government the urgency of ratifying the optional protocol of the UNCRPD? It would allow people with disabilities to take a case to the UN over violation of their rights. Does the Minister believe that the State needs to progress the adoption of the optional protocol as a matter of urgency?

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
Link to this: Individually | In context | Oireachtas source

Ireland ratified the UNCRPD on 20 March 2018. This marked an important milestone in a process to strengthen the rights of people with disabilities in Ireland that has gathered momentum since Ireland became a signatory to the convention in 2007.

Ireland's approach to meeting the obligations of the UNCRPD is one of progressive realisation by each year moving forward on key reforms, with the obligations arising from the convention being met over time. Initial priority has been given to meeting legislative commitments and requirements.

I recognise the importance of the optional protocol, as does the Minister of State, Deputy Rabbitte. As the Deputy will be aware, the optional protocol is an international treaty that establishes procedures aimed at strengthening the implementation and monitoring of the convention. Ratification of the optional protocol is a commitment in the programme for Government following the State's first review period before the UN committee.

Due to delays at UN level, Ireland's appearance before the committee will now be delayed. The Minister of State and I have indicated that we are open to ratification prior to the first review before the committee but we are conscious that we want to have the processes in place domestically so that we do not sign up to something that we are already in breach of because we have not made the changes. I think that is sensible.

In that regard, the Assisted Decision-Making (Capacity) Act was passed in 2015 but has never been operationalised. We had a lengthy debate at Second Stage debate yesterday, which will conclude today, on the Assisted Decision-Making (Capacity) (Amendment) Bill. This Bill will operationalise that and make some reforms to that. We see that as a key point in ensuring that we are ready for full ratification.

Alongside that, ratification of the optional protocol requires a comprehensive review of existing domestic remedies for breaches of the convention in order to ensure the state can meet the obligations. My Department is undertaking that review now and examining the final requirements for ratification and we will bring that forward as part of our UNCRPD implementation plan.

Photo of Verona MurphyVerona Murphy (Wexford, Independent)
Link to this: Individually | In context | Oireachtas source

Ireland has come in for much criticism by the UN for its failure to ratify the UNCRPD. Mr. Markus Schefer, a member of the UN Committee on the Convention on the Rights of Persons with Disabilities, said it gives the impression that Ireland is not confident or comfortable enough to open itself up to international scrutiny. He was speaking to the Joint Committee on Disability Matters. Ireland signed the convention in 2007 but it took us 11 years to implement it. In 2020, the Government promised to sign up to the optional protocol. I understand that we have been delayed by the UN but it is two years further on. When I brought little Leo Dixon to the Dáil, every Member was notified of his visit but only a handful turned up to meet and greet him. A wheelchair user. A person with a disability. Have I had two minutes?

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

No, that was one minute but the Deputy has a chance to come back with another minute.

Photo of Verona MurphyVerona Murphy (Wexford, Independent)
Link to this: Individually | In context | Oireachtas source

Thank you. God bless us. I have so much to say.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

Well the Deputy should try and say it in 60 seconds.

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
Link to this: Individually | In context | Oireachtas source

I take on board the Deputy's passion in respect of this matter. I agree about the long delay between becoming a signatory and ratification. I see that in the context in the Assisted Decision-Making (Capacity) Act, which was passed in 2015 and which is still not operationalised. That is one reason why I am so committed to implementing the Assisted Decision-Making (Capacity) Act and removing wardship which is one of the key areas where we are so out of line with what we should be providing for persons with capacity impairments in terms of the UNCRPD. To be clear, however, we set out a timeline in the programme for Government for signing up to the optional protocol after our first review. Our first review has been pushed back by the UN. We are not saying that we still have to wait; we are open to doing it prior to the first review and getting assisted decision-making passed it a key part of that.

Photo of Verona MurphyVerona Murphy (Wexford, Independent)
Link to this: Individually | In context | Oireachtas source

I am not so sure that we do have to wait. That is what we committed to but we are not alone. There are ten other countries which have not signed up for it. But 13% of Ireland's population have a disability. I am a new Deputy. When I was canvassing these groups they told me they only see politicians every five years, meaning at election time. In 2020, when we actually said that we would sign up to the protocol, it was an election ploy. That is their feeling and that is discriminatory. Thirteen percent of America's population are African Americans. Do you think that we would get away with discriminating in the same way in that population cohort? No we would not and we should not be doing it here. It is shambolic and we need to recognise the 13% and give them, the Leo Dixons of this world, the right to have somewhere to go to make their complaint when the Government cannot do it.

9:50 am

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
Link to this: Individually | In context | Oireachtas source

In the previous Government, a commitment was made finally to ratify the UNCRPD. It happened. At the start of this Government, we made a commitment to put a greater focus on disability by creating a Department and taking disability out of the Department of Health. There is a stronger focus on disability, recognising the specific needs of that 13% of the population. That is happening. We have made a commitment to implement the Assisted Decision-Making (Capacity) Act 2015. That is happening in terms of legislation. I believe we will sign up to the optional protocol within the lifetime of this Government. However, it is important we have steps to put in place domestically so it can deliver for people through the processes that are established.

Photo of Verona MurphyVerona Murphy (Wexford, Independent)
Link to this: Individually | In context | Oireachtas source

Is it a priority?

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
Link to this: Individually | In context | Oireachtas source

It is a priority.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

Deputy Murphy, I am not sure did you mean anything in relation to your reference to African-American. I am not sure it was necessary but I do not think you meant anything-----

Photo of Verona MurphyVerona Murphy (Wexford, Independent)
Link to this: Individually | In context | Oireachtas source

It is the significance that it is 13% of a smaller population but, nonetheless, it would not be tolerated.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

I am not sure if it is helpful to make it like that.

Photo of Verona MurphyVerona Murphy (Wexford, Independent)
Link to this: Individually | In context | Oireachtas source

Black lives matter. Disability matters.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

All lives matter.

I apologise to Deputy Murnane O'Connor. I did not realise she was substituting.

Photo of Jennifer Murnane O'ConnorJennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Not at all.