Written answers

Tuesday, 27 January 2009

Department of Defence

International Agreements

9:00 pm

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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Question 1028: To ask the Minister for Defence the action he must take for ratification of the UN Convention on the Rights of Persons with Disabilities to proceed. [2467/09]

Photo of Willie O'DeaWillie O'Dea (Limerick East, Fianna Fail)
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The text of the UN Convention on the Rights of Persons with Disabilities was adopted by the General Assembly of the United Nations in December 2006. Ireland signed the Convention, subject to ratification, in March 2007. The Convention came into force on 3 May 2008. In line with the Government's decision to sign the Convention in March 2007, it is intended to ratify the Convention as quickly as possible consistent with the need to ensure that all the necessary requirements under the Convention are being met.

My Department is represented on the inter-departmental committee set up, under the chairmanship of the Department of Justice, Equality and Law Reform, to monitor the early implementation by Departments of the legislative and administrative changes that are necessary to allow the State to ratify the Convention. The National Disability Strategy comprehends many of the provisions of the UN Convention. The inter-departmental committee has developed its work programme to address (i) the elements of the Strategy that require alignment with the Convention and (ii) any matters that fall outside the Strategy.

From a Defence point of view, the only potentially significant issue is in relation to Article 27 of the Convention. Article 27 recognises the right of persons with disabilities to work on an equal basis with others. Domestic legislation, however, provides specifically that the Defence Forces are allowed to operate selective employment policies in relation to the two specified grounds of age and disability. I intend to seek legal advice on whether Ireland will need a reservation entered, at the time of ratification, in relation the employment of persons with disabilities in the Defence Forces.

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