Frances Black (Independent) | Oireachtas source

I thank the Minister for considering the amendment we brought on Committee Stage with regard to the proportion of positions on the Irish Human Rights and Equality Commission's, IHREC, disability advisory board reserved for people with disabilities. The amendment seeks to use the UNCRPD definition of "disability" for the criteria of membership of IHREC's disability advisory committee rather than the more antiquated definition contained in the Disability Act 2005.

The Minister refused to accept this amendment on Committee Stage and stated there was a need for consistency across legislation and that the definition contained in the Disability Act 2005 is well known and well used. However, it is important to note that the 2005 Act was enacted before the drafting and adoption of the UNCRPD. The definition of "disability" contained in the 2005 Act takes a more restrictive and medicalised approach to disability than the UNCRPD, which defines persons with disabilities as including "those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others". Ireland has ratified the UNCRPD and, therefore, accepted this definition.

It is also important to note that the Disability Act predates the UNCRPD and does not reflect current understandings of the human rights model of disability. In addition, in its recruitment campaign for the disability advisory committee earlier this year, IHREC aligned its definition of "disability" with that contained in the UNCRPD, rather than the Disability Act. Given IHREC has adopted the UNCRPD definition of "disability" in its work, will the Minister accept there is no reason to refuse this amendment to give life to the UNCRPD in our domestic legislation? We should not discard useful elements of the convention to make shortcuts. This is important legislation and it is worth doing it right.