John Dolan (Independent) | Oireachtas source

I welcome to the House the Minister of State, Deputy Finian McGrath. People with disabilities do not have confidence that the optional protocol to the United Nations Convention on the Rights of Persons with Disabilities will be ratified. I can see no reason why it could not be ratified now. When the Minister of State, Deputy Finian McGrath, came to the House for statements on the ratification of the convention on 21 March 2018, he gave two reasons. He accepted that it was in the roadmap in 2015 that the optional protocol would be ratified when the convention was ratified but stated his current focus had to be the ratification of the convention in the first instance. During that debate, however, he said that the instrument of deposition had been lodged with the UN on 20 March. In effect, the convention was ratified.Ireland's instrument ratification has been lodged with the UN and, therefore, the ratification was completed in March. We have moved from ratification to implementation. The reason for not ratifying the protocol does not stand. The Minister's second reason was "the need for substantive cultural change" and he went on to say, "Work is continuing on the final reforms needed for Ireland's compliance with the convention's requirements". Every provision in the convention relates to compliance and becoming compliant and not to complied with everything before the convention is ratified.

The optional protocol is an instrument that gives people with disabilities the right to complain to the UN disabilities committee when they have exhausted all the normal complaints procedures within their state. Article 3 provides that the committee will confidentially write to the state party and give it six months to respond. There is a long, drawn-out period before anything gets to that stage.

The deprivation of liberty Bill and disability (miscellaneous provisions) Bill 2016 are to be passed before the end of the year. I would like the Minister of State to confirm that commitment. Given it is intended to have both Bills enacted by the end of the year and the State has a disability inclusion strategy of which he is proud, that gives a defence to the State if issues are raised. He can say he is on the journey, which is what the convention is about. Why not ratify the optional protocol now? Are the Minister of State and the Government up for it to be ratified now? Are they in the space to say, "Let us do this"? Do his officials want to have it ratified? The Minister of State could quickly and easily, with no cost or downside to the State, ratify the optional protocol now, which would give people confidence, given the ratification of the convention has dragged on for years, that the Government is stepping up and getting in front of this issue. That would be what the Minster of State described as "a critical cultural change". He should lead from the front. Let us get this done and say to people that Ireland is proud of its progress to date and is comfortable with being held to account internationally. Nobody gets it right every time when we go in front of a jury but the Minister of State should be comfortable going there. That would be huge.

I have five questions. Will the Minister of State agree to ratify the protocol now? What reasons does he have for not ratifying the convention? Ireland must lodge its first report on 19 April 2020. By what date will the optional protocol be ratified if that is not done now? Will it be the day after the report is lodged? Will he confirm that the deprivation of liberty Bill and the disability (miscellaneous provisions) Bill 2016 will be enacted this year?