Written answers

Tuesday, 22 November 2011

Department of Justice, Equality and Defence

International Agreements

8:00 pm

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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Question 433: To ask the Minister for Justice and Equality his plans to ratify the UN Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [35671/11]

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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It is the Government's intention to ratify the UN Convention on the Rights of Persons with Disabilities 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 may be aware, Ireland does not 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 ratification. At the Committee's request, the National Disability Authority, the lead statutory agency for the sector, has independently assessed the remaining requirements for ratification so as to ensure conclusively that all such issues will be addressed.

One of the key requirements in this regard is the enactment of mental capacity legislation. The Government's Legislation Programme as announced on 14 September 2011, indicates that the Mental Capacity Bill is expected to be published in early 2012. The Bill will replace the Wards of Court system with a modern statutory framework governing decision-making on behalf of adults who lack capacity. The passage of this Bill will add substantially to the overall progress on implementation of the requirements towards ratification of the Convention.

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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Question 435: To ask the Minister for Justice and Equality his plans to proceed with the ratification of the optional protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, OP-CAT; and if he will make a statement on the matter. [35675/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Ratification of the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment requires legislation. On 17 May last, the Government approved my proposals for preparation of the General Scheme of a Bill to enable ratification of the optional protocol. Arrangements will be made to ratify the instrument as soon as possible after the necessary legislation has been enacted.

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