Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I will speak to each of the amendments in the grouping. While I understand the intent behind amendment No. 27, the current wording is problematic as it is not feasible or practical to specify in law that IHREC must extensively engage with all persons with a disability. This could lead to a situation in which IHREC undertook a detailed consultation process and, yet, becomes subject to a legal challenge from one person omitted from such a consultation. It would inevitably make a consultation process unworkable. It is important to remember IHREC already has a disability advisory committee composed of people with lived experience of disability and has discretion and a strong record with regard to engagement with all necessary persons and organisations in the conduct of its functions.

With regard to amendment No. 28 and Government amendment No. 29, there was discussion on Committee Stage and in the Dáil with regard to the make up of the committee. I agreed with Senators Black and Warfield to look at this. Thus, I am bringing forward amendment No. 29 to increase the representation of disabled persons on the advisory committee to support IHREC in its role of monitoring and promoting the implementation of the UNCRPD. Representation by disabled persons on the advisory committee was originally required to be at least half and this amendment will increase that representation to two thirds. A number of Deputies proposed this amendments and, indeed, Senator Black has a similar amendment that is slightly differently worded. With respect, I will not accept Senator Black's amendment. We will go with our wording but we thank Senator Black and other Deputies and Senators for their engagement on this point.

While I acknowledge the intention of amendment No. 30, I am not in a position to accept it. The definition of "disability" in the Disability Act 2005 is widely used, carries legal weight within the State and is cross-referenced in a number of key areas. It is important the legal definitions within the Irish Human Rights and Equality Commission Act 2014 are consistent with other definitions contained within primary law. As mentioned on Committee Stage, there are important provisions on disability contained within both the Equal Status Act and the Employment Equality Acts and any definitions need to be aligned with them. What is assigned to disability within the 2005 Acts is well-established, widely known and widely used. In addition, the definition in the convention is not legally or technically tight or precise enough to function as a legal definition on the Statute Book or the purpose of the text in domestic law. For that reason, I am not in a position to accept the amendment.