Anne Rabbitte (Galway East, Fianna Fail) | Oireachtas source

Yes, absolutely.

I thank Senator Carrigy very much for raising this very important issue. It is important to have it on the record that we understand this.The script I have in front of me is a combination of a script from the Department of Justice and the Department of Children, Equality, Disability, Integration and Youth so we could try to give a comprehensive response. I am conscious we have a visiting a school group in the Public Gallery who will hear me talk about young people and their rights, and the voice of the young person. Sometimes not everybody has that voice and we are here to discuss how we can protect their voice.

There are more than 600,000 people with disabilities in Ireland whose daily lives, lived experiences and support needs are as diverse as each individual person behind the statistic. The UN Convention on the Rights of Persons with Disabilities, UNCRPD, contains universal rights and the approach taken by the State via the Disability Act and the Equal Status Act defines disability in broad terms and not be reference to specific impairments or diagnoses. The questions Senator Carrigy asked regarding access to justice are as important for all children with disabilities as they are for those who require specific communication supports. For that reason we need to find the right balance in our approach to recognising and responding to the bespoke needs of particular cohorts of people with disabilities without creating a legislative hierarchy of disabilities. The principle of parity of esteem between disability constituents was advanced by the landmark work by the Commission on the Status of People with Disabilities in 1996 and is as relevant today as it was then. We need to continue our journey towards fully adopting the social model of disability as the UNCRPD asks of us, recognising that the societal barriers and challenges may be the disabling factors in people's lives, not their impairment.

That is why the concept of universal design is so powerful, and something I raise frequently in both Houses. The concept of universal design extends to the way in which we develop appropriate and accessible pathways and supports through which all people with disabilities can seek justice and assert their rights through the legal system. The centre of excellence in universal design within the National Disability Authority, NDA, is a world-leading example of Ireland’s commitment to designing and adapting our support systems and our built environment in a way that does not distinguish between people on the basis of ability or impairment.

While I acknowledge that there will always be work to do as we continuously advance and strengthen UNCRPD rights, much has also been achieved to support and advance the rights of people with communication support needs in Ireland to date. For example, last year the Minister for Justice launched a new qualification programme at the University of Limerick to train intermediaries who will help vulnerable people, including sexual abuse victims, and children, when giving evidence in the justice system. Intermediaries are professionals, usually with a background in speech and language therapy or a cognitive discipline, with the skills and expertise necessary to assist witnesses who have communication difficulties in providing evidence. The introduction of this new programme for intermediaries is a key action in Supporting a Victim’s Journey, which is a plan to create a more victim focused criminal justice system. Once qualified, intermediaries will have an essential role in assessing and supporting the communication needs of vulnerable witnesses and to advise An Garda Síochána, advocates, and the court on the steps needed to assist such witnesses to give their best evidence.

The role of an intermediary is not to speak for people with communication support needs, but to bridge any communications gaps. Moreover, An Garda Síochána has procedures and provisions in place to engage with people with non-visible disabilities. Garda members receive training in this regard and An Garda Síochána also has specialist interviewers for interviewing vulnerable individuals, including children. l am informed that An Garda Síochána is satisfied that there are sufficient child protection provisions and requirements in statutory law to protect children and Tusla, and An Garda Síochána, AGS, play an important role in this regard.