Dáil debates
Thursday, 29 February 2024
Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions
Rights of People with Disabilities
10:40 am
Gino Kenny (Dublin Mid West, People Before Profit Alliance)
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78. To ask the Minister for Children, Equality, Disability, Integration and Youth if the optional protocol to the UN Convention on the Rights of Persons With Disabilities, UNCRPD, will be ratified within the term of the Government; if so, when it will be ratified; and if he will make a statement on the matter. [9742/24]
Gino Kenny (Dublin Mid West, People Before Profit Alliance)
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My question is about the optional protocol to the UNCRPD. Many people who have been following this issue, not only in this House but outside it, have been frustrated by its non-ratification. I would like to hear the Minister's thoughts on whether it will be ratified within the term of this Dáil.
Anne Rabbitte (Galway East, Fianna Fail)
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Ireland fully ratified the UNCRPD in 2018 and the Government remains committed to continuously advancing the rights of persons with disabilities. Ratification of the optional protocol is a commitment in the programme for Government. The timeline for ratifying it was anticipated to follow the conclusion of Ireland's first review period before the UN Committee on the Rights of Persons with Disabilities. Ireland submitted its first state report in November 2021 and we await a review date from the UN committee.
The State must exercise due diligence in agreeing any supranational review. Ireland takes its international obligations seriously and seeks to act in good faith on the international stage. We do not enter into binding international treaties until we are confident the obligations set out within can be completed. The Minister, Deputy O'Gorman, the Taoiseach and I have all stated that we are open to earlier ratification of the optional protocol subject to the State being in a position to meet the obligations that arise.
In order to map out the requirements for ratification, my Department has commenced the process of obtaining external legal advice as part of an ongoing scoping exercise. This advice seeks to identify areas where our legislation needs to change and to ascertain whether we have adequate domestic remedies for the rights in the UNCRPD. My Department expects to receive the results of this scoping exercise in the next number of weeks. Once we have received and considered them, the Minister will bring proposals to the Cabinet setting out the pathway to ratification. To assist this process, an interdepartmental group will be established to allow the Department to work on the relevant changes.
My message today is that we are really moving at pace on this issue. Once the results of the scoping exercise go to the Cabinet, the roundtable discussions will take place. It is really time for knocking heads together at this stage.
Gino Kenny (Dublin Mid West, People Before Profit Alliance)
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I agree. The process of ratifying the UNCRPD was very protracted. It was done six years ago, with Ireland being one of the last countries to ratify. It does not really make sense that we did not ratify the protocol at the same time. Other countries in Europe, the US, Australia and New Zealand ratified the protocol soon after they ratified the UNCRPD. It does not make sense that we did not do the same. It would make sense to ratify the protocol because it would make the convention much stronger and make way for legislation enabling people to take a case not only against the State but also to the UN. It is important that it be ratified as soon as possible.
Anne Rabbitte (Galway East, Fianna Fail)
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I could not agree more. However, it is also important that we have domestic legislation which ensures the right process is in place. We have made commitments in that regard. We take our international agreements very seriously. That is why, under the stewardship of the Minister, the Assisted Decision-Making (Capacity) (Amendment) Act 2022 was introduced. Under that legislation, we completely outlawed the archaic wardships system. In August 2023, we started the scoping exercise to which I referred, once the remit of certain issues was moved from another Department to the Department of Children, Equality, Disability, Integration and Youth. Again, this was done under the stewardship of the Minister. We are taking the ratification of the optional protocol very seriously. We are working at pace to achieve it. As I said, we are just awaiting the outcomes of the scoping exercise.
Gino Kenny (Dublin Mid West, People Before Profit Alliance)
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I understand it is a process. It is very important that the protocol is ratified. If not, the process will drag out further. I do not doubt the bona fides of the Minister of State on this matter. A lot of people have been observing the non-commitment of the State to ratifying the protocol. It is really important that we ratify it because it will enhance other things, particularly around assisted decision-making. That legislation is one of the best Acts put forward by the Dáil. There is a referendum on care taking place next week. We are in the right space to look to the situation of people with disabilities. Ratifying the protocol is really important because, without it, the impact of the UNCRPD is lessened. In order to enhance it, the protocol must be ratified as soon as possible. I do not doubt the bona fides of the Minister of State. I hope the protocol can be ratified in this Dáil term.
Roderic O'Gorman (Dublin West, Green Party)
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The Minister of State has allowed me to come in on this. I reiterate our desire to get the optional protocol signed before the end of the Government's term. We recognise there are challenges. There is existing domestic legislation that is incompatible with the protocol and must be changed, just as we got the legislation on assisted decision-making changed. We have scoped out the matter and we have a report showing where the issues are. I hope to bring that report to the Cabinet very soon. We will then set up an interdepartmental group to bring in the input of other Departments. A key element is that a lot of the changes will have to be made in other Departments, including the Departments of Health and Social Protection. It is about bringing those parts together to see how we can implement the commitment we gave. Often, a commitment is made by the Government but everyone is saying it is a matter for this or that Department. We are bringing everybody together to map how we get there. This is an important step forward and a way to achieve the goal of ratifying the convention within the life span of the Government.