Caít Keane (Fine Gael) | Oireachtas source

I am pleased to be present for the debate. I thank Senator Zappone for introducing the Bill and I welcome the Minister, Deputy Fitzgerald, to the House.
The Minister outlined what she proposes to bring to the House. She stated it is priority legislation. If priority means anything the Bill will be introduced very quickly. When the Minister referred to priorities in her previous portfolio she could be taken at her word and she introduced change. I look forward to the same approach in this case. It is my first time addressing the Minister since she became Minister for Justice and Equality and I congratulate her on her appointment.
I welcome the representatives of disability groups in the Visitors Gallery. I am aware of the research and report they contributed to Senator Zappone. The purpose of the Bill has been widely stated and I will not refer to that. It is important to ensure that people with disabilities will have the same freedom to consent to sexual activity as people without disabilities. Just because a person has one type of disability or another does not mean he or she should be discriminated against in any sphere of life, in particular in terms of sexual activity which is a very important aspect of all our lives.
The Bill also protects people from sexual abuse. It goes without saying that it must be part of the Bill as our aspiration must be to protect everybody in society from sexual abuse. We have not been very successful to date given all the sexual abuse that has arisen, especially from places from where we would least have expected it. It is important to ensure that such protection is written into the Bill.
The Minister and another speaker indicated that one would think the current legislation is ancient and given the manner in which we are discussing it that we were back in the bad old days. It is not that ancient as it dates from 1993. One could ask whether we have moved forward since then. It is a case of we have and we have not, given that attitudes are slow to change. I am delighted the Bill is before us as attitudes do not change until something is written down in legislation. The existing law on the mentally impaired and the criminalisation of such people led to enforcing attitudes, not changing them, and we must ensure we change the situation.
The Minister and Senator Bacik referred to the Assisted Decision-Making (Capacity) Bill. In framing the legislation one must take into account the situation in general. If one were to examine the decision-making capacity of everybody who has sex at any stage and, for example, whether alcohol or another substance is involved, and if the same standards were to apply it would give rise to questions. We must bear that in mind as well.
The United Nations Convention on the Rights of Persons with Disabilities aims to facilitate the full participation in society of disabled people and the realisation of all their human rights. The specific UN obligation requires that effective legislation is put in place to ensure that exploitation does not take place. When one decriminalises something, it is important to ensure that people in all walks of life are protected from exploitation and abuse. The Minister made reference to the issue.
I am delighted that the Minister is accepting the Bill. She made the point that nobody has all of the answers and that progress can be made by working with Senator Zappone and the Seanad. The rights of people with disability have been talked about for a long time and the change is welcome. The National Disability Authority has done some work. Sexual activity is a worry for everybody in society, especially for parents, be their children able or disabled. The worry does not go away because one’s child is disabled. Everyone should have the same rights and degree of fulfilment through relationships and sexuality. Sex is a topic that has been surrounded by sensitivities in any walk of life and people tend to sweep things under the carpet. I am delighted that the sexualisation of people with a disability has been recognised as the situation has been unacceptable for far too long. Thankfully, the legislation will change that situation.
Many bodies that have written on the issue have made recommendations. The granting of rights gives rise to the facilitation of people with disabilities to have sexual relations in various walks of life but if there is segregation in society it does not lend itself to facilitation. We spoke previously about the involvement of Departments in the context of children. A cross-departmental approach is required. The Department of the Environment, Community and Local Government has a role in terms of housing. The Department of Health has a role to play in producing legislation for the provision of facilities for people with disabilities. The role of the Department of Education and Skills involves information, counselling and sexual education in an accessible format, including family planning. The work of the Departments is interlinked. Research and background information are required in advance of legislation rather than making changes at the stroke of a pen but there is no point in changing the legislation if nothing changes in society or changes are not implemented to facilitate what one wants to achieve in terms of disability and sexual awareness.
Those who work with people with disability also require training. Attitudes are hard to change and not everybody who works in homes or workplaces involving disabled people are aware of what is available or where the legislation has changed. Advice and counselling are necessary for all concerned.
The Minister and Senator Zappone spoke about sexual abuse. Some research has been done but I am not as au faitwith it as Senator Zappone. Research abroad has highlighted that children and adults with disabilities face an increased risk of sexual abuse. They were found to be most at risk in places where they live and work rather than in public places. We must ensure people are protected where they live and work and that such provisions are included in the legislation. That goes for people in all walks of life. If certain rights and responsibilities are not included in legislation people might not be protected. It is good that we are reforming the legal system.
I welcome the Bill and thank Senator Zappone for introducing it.