Kathleen Lynch (Cork North Central, Labour)
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Question 400: To ask the Minister for Community, Equality and Gaeltacht Affairs if his attention has been drawn to the fact that 95 countries have ratified the UN Convention on the Rights of People with Disabilities and when Ireland intends to sign the optional protocol and then ratify both the convention and optional protocol; and if he will make a statement on the matter. [42471/10]

John Moloney (Laois-Offaly, Fianna Fail)
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It is the Government's intention to ratify the Convention as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are being met. As the Deputy will be aware, Ireland does not tend to become party to treaties until it is first in a position to comply with the obligations imposed by the treaty in question, including by amending domestic law as necessary.

The ongoing implementation of our National Disability Strategy in many respects comprehends many of the provisions of the Convention. In addition, the Inter-Departmental Committee on the UNCRPD monitors the remaining legislative and administrative actions required to enable the State to ratify the Convention. The Committee has developed a programme on which work is progressing to address the matters that need to be aligned with the UNCRPD. One of the key requirements in this regard is mental capacity legislation, which is the responsibility of the Department of Justice and Law Reform. As indicated in the Government's Legislation Programme, it is intended that the Mental Capacity Bill will be published in the current Dáil Session. The passage of this Bill will add substantially to the overall progress on implementation of the requirements towards ratification of the Convention.

The decision by the Government on whether or not to be a party to the Optional Protocol to the Convention does not arise at present pending the making of arrangements for the ratification of the Convention.