John Dolan (Independent)
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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?

Finian McGrath (Dublin Bay North, Independent)
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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.

John Dolan (Independent)
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I asked the Minister of State four questions. One was if he would do it now; obviously the answer to that is "No". In his reply the Minister of State said he would opt in when he was ready. He also stated that he would do so when he is "satisfied that certain things are in place". What are these certain things? He has not told us what they are. He has also said that it would be within two to three years. We will report by 19 April 2020. Will it be 21 April 2020 or will it be a year or more later? What things is he still awaiting to be in place?

Over 90 states ratified the optional protocol at the same time as they ratified the convention. At the start of his contribution, the Minister of State said he would not be lectured from other parties about what they committed to.Why does it bother him what other states have or have not done? There is no real reason that we cannot do this. I am pleading with the Minister of State. This can be ratified now. If somebody started a complaint today, it would be years before he or she could take it anywhere, and the State then gets six months when it brings it there. The Minister of State should give people a break and let people see he is on their side.

Finian McGrath (Dublin Bay North, Independent)
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I am on their side. If the Senator wants to see a recent report on what I have delivered in government, I will send him a copy tomorrow morning. The Senator referred to what has been put in place. The decision support service is one thing I feel very strongly about. We have already appointed the director but we have not got the right person yet for manager, and it has taken longer than I had anticipated. There are real issues out there.

In regard to ratification, I am not ready to ratify the protocol now and I gave the Senator a direct answer - "No" - and outlined practical reasons for that. While I accept a commitment was given in the programme for Government to ratify the optional protocol at the same time as the convention, my recent focus has been on ratifying the convention as a first step.

John Dolan (Independent)
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It is ratified.

Finian McGrath (Dublin Bay North, Independent)
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The convention and the optional protocol cover a broad range of commitments requiring cultural change, such as decongregation, personalised budgets and deprivation of liberty safeguards. The Government is working hard to address all these issues. Those are the reasons.

An analysis of jurisprudence under the optional protocol indicates that 14 complaints have been heard since 2010, with nine upheld. The average time for complaints to be adjudicated is between two and three years, and I accept that point. Cases have included issues we are aware of, including deprivation of liberty, participation of deaf persons in jury duty, accessibility issues, work and employment, reasonable accommodation, medical treatment and prison conditions.

Becoming party to the convention holds us to international account in regard to our commitments to improve services and the lives of persons with disabilities. I am pleased that Ireland has finally submitted to that degree of accountability. I can assure the Senator I will continue to work to ensure that it is maintained and further augmented by the optional protocol following consideration of Ireland's first report.