Written answers

Thursday, 26 March 2015

Department of Justice and Equality

Legislative Measures

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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157. To ask the Minister for Justice and Equality if she will commit to the enactment of the Assisted Decision-Making (Capacity) Bill 2013 during the lifetime of this Government, as set out in the programme for Government 2011; the timeframe for the ratification of the United Nations Convention on the Rights of Persons with Disabilities which Ireland signed eight years ago (details supplied); and if she will make a statement on the matter. [12498/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy will understand that it is not possible for me to predict the outcome of the legislative process with regard to this, or any other Bill. However, I can say that my Department is currently preparing amendments for the Dáil Committee Stage of the Assisted Decision-Making (Capacity) Bill to respond to issues raised in submissions to my Department and to the Joint Oireachtas Committee on Justice, Defence and Equality. The aim is to strengthen the safeguards contained in this legislation so that persons with capacity difficulties can exercise decision-making autonomy to the greatest extent possible. My intention is that we will proceed to Dáil Committee Stage in the next two months with Report and Final Stages before the summer recess. My aim is that the Bill will be enacted this year. The enactment of the Bill will be a key step forward in enabling Ireland to ratify the UN Convention on the Rights of Persons with Disabilities (UNCRPD).

The Government intends to proceed with ratification as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are met. As the Deputy is aware, Ireland has a dualist legal system and therefore does not become party to treaties until it is first in a position to comply with the obligations imposed by them, including the amendment of domestic law as necessary. A team has been charged with examining all outstanding obstacles to ratification, and has nearly completed the first phase of its work, which includes identifying all areas which will need attention to make ratification possible. An Interdepartmental Committee is in place, and met recently to review issues and the action and timeframe required to tackle them. A key task involves examining how the important issue of reasonable accommodation can be achieved in a meaningful way within our Constitutional framework as interpreted by the Supreme Court. Progress towards ratification continues to be made.

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