Fidelma Healy Eames (Fine Gael)

I welcome the Minister of State at the Department of Health and Children, Deputy Moloney, who is responsible for disability. I want him to outline the reason for the delay in ratification of the UN Convention on the Rights of People with Disabilities and the timeframe for its delivery. If we had the needs of people with disabilities at heart, ratification of the convention would be achieved without further delay. When can we expect ratification to take place? Ironically, Ireland was among the first group of countries to sign the convention, subject to ratification, when it opened for signature on 30 March 2007. The convention entered into force on 3 May 2008 and, to date, 96 countries have ratified it. Ireland is not one of them. The European Union is in the process of becoming a signatory or party to the convention, making it the first comprehensive human rights convention to which the Union will become a party, yet it has not been ratified in Ireland. This makes our commitment to human rights disgraceful.

The UN Convention on the Rights of People with Disabilities is a move away from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as subjects with rights. "Rights" is the key word. The convention does not create new rights; it only aims to make the full sweep of existing rights equally effective for all persons with disabilities.

We have two Acts that have not been implemented in full, one of which the Disability Act. It has only been implemented in respect of those up to the age of five or six years. The Minister of State will be aware that we were promised progressive realisation of people's needs over time. Many of the sections of the Education for Persons with Special Educational Needs Act have not been implemented. This means children with disabilities and special needs in schools are not protected by law. There is still no means by which one can enforce an individual education plan, which the children concerned obviously need. They are not on a level playing field with their peers in the classroom

Professor Gerard Quinn of the disability law unit of the National University of Ireland, Galway, has suggested in The Irish Times that Ireland has delayed ratification of the convention until it can reform its outdated legal incapacity laws in keeping with Article 12 of the convention. These laws date from a time when people with disabilities were dealt with as objects. Article 12 insists on a plenary right to decide for oneself and a corollary right to support decision-making when that capacity is reduced. This is a true human right. This article, like all other provisions in the convention, makes no distinction between those with intellectual disabilities and others.

Ratification of the convention, we are told, depends on the mental capacity Bill. When asked by Deputy Naughten about the progress of that Bill on 10 November, the Taoiseach said the detailed provisions of the Bill were at an advanced stage and that it was expected they would be published in the current Dáil session. When will this happen? We only have a very short time left.

According to a disability campaigner from a family affected by disability, ratification of the convention must be a priority to protect the fundamental rights of people who feel forgotten and marginalised. The same people are suffering further in the current climate owing to cutbacks in health and disability services. Both the Minister of State and I know that people with disabilities are always the first to be at risk of poverty. Even in the boom times, this was the case. It is clear that the persistent and cumulative impact of the financial crisis threatens the progress made toward achieving equal rights for people with disabilities. The recession has had a disproportionately negative impact on them.

One interesting aspect of the convention, according to Professor Quinn, is that it does not require every goal to be achieved at once.

Some deference is due to states with respect to the allocation of scarce resources, which would suit Ireland. We accept that resources here are scarce. However, that does not mean we should not ratify the convention or implement the law. It is critically important that we move forward on this issue, particularly during a period of recession when, in many cases, the temptation may be to cut services. In the past the Government stated that if the legislation was fully implemented, people with disabilities would bankrupt the country. We know who bankrupted the country - it was the Government which made bad decisions and the banks.

Friday next, 3 December, is International Day of Persons with Disabilities and the theme this year is keeping the promise for disability. I appeal to the Minister of State to keep the promise and listen to the calls of those with disabilities. The UN Convention on the Rights of Persons with Disabilities must be ratified without further delay.

A support group in Galway, Hope for Disability, is of the view that this matter is extremely important and believes the issue of rights to be the key barrier improvindg the quality of life of people with disabilities. Will it be the Minister of State's legacy to have the convention ratified before the end of this Dáil term? I will be delighted if he indicates that this will be the case.