Finian McGrath (Dublin Bay North, Independent) | Oireachtas source

I thank the Senator for raising this important topic. I am delighted to have the opportunity to address the issue of Ireland's ratification of the optional protocol to the UN convention. I always lead on this issue. The Independent Alliance did not hang around to ratify it whereas many of the political parties whose members are jumping up and down and having a go at me ignored it for ten years. Some of them were Ministers during that time and, therefore, I will not take lectures from them.

The ratification of the convention was a key commitment in the programme for Government and it has been one of my highest priorities since becoming Minister of State. I am pleased to have delivered on that commitment.I was privileged to represent the Government at the United Nations headquarters on 19 April - the day the convention came into force for Ireland. That was an historic day and most of the disability leaders and organisations I met in New York over those two days were very impressed with Ireland's role and also with Ireland's services being well ahead of many other countries that had ratified some years previously.

Ratification followed a delay of many years and took much hard work. I am grateful to the committed family members, carers, public representatives and activists who worked tirelessly to campaign for ratification. Both the convention and the optional protocol cover a broad range of commitments, some of which require substantive cultural change. Fundamental to that are the concepts of freedom, autonomy and independence, recognising the right of people with disabilities to make decisions for themselves, rather than have decisions made for them. In this regard, I am pleased to say that I have recently received the report from the task force on personalised budgets and will shortly be bringing a memo to Cabinet on the matter.

I will respond to some of the points made by the Senator. I intend to have all the legislation in place as quickly as possible. I intend to continue the public consultation with all the disability groups and the senior citizens' groups. As the Senator knows there are currently 92 signatories to the optional protocol, whereas 176 states have ratified the convention. A clear timescale has been drawn up to address the remaining implementation issues in line with the principles of progressive realisation of services which operates in respect of compliance with the convention. Priority drafting has been approved for the disability (miscellaneous provisions) Bill and a stand-alone Bill to deal with the deprivation of liberty. Some €3 million has been allocated in 2018 for the establishment of the decision-support service. A lot of work is going on all the time and I take a step-by-step approach to the issue.

The Government’s approach to meeting the terms of the convention will be one of sustained and ongoing improvement. Work is continuing on the reforms needed for an optimum level of compliance with the convention's requirements. In the early implementation phase, it is essential that resources are focused on the enhancement of services and not diverted into additional areas such as servicing the optional protocol before we are fully ready. That is the key thing. I will opt in when I am ready. That is the best thing to do. That is an example of best practice and other countries have done that.

For this reason, I see a phased approach as the most practical and realistic way of moving ahead. While the optional protocol is not being ratified at this time, it will be ratified as soon as possible when I am satisfied that certain things are in place. At the latest this will follow completion of Ireland’s first reporting cycle which should be within two to three years. This will provide us with an opportunity to identify any remaining actions needed for the highest possible level of compliance with the convention.

The Senator can take it that I will be opting in when I am ready and when things are in place. That is the approach the Government will take.