Written answers

Thursday, 16 April 2015

Department of Justice and Equality

UN Conventions Ratification

Photo of Paul MurphyPaul Murphy (Dublin South West, Socialist Party)
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115. To ask the Minister for Justice and Equality her plans to ratify the United Nations Convention on the Rights of People with Disabilities; and if she will make a statement on the matter. [15034/15]

Photo of Paul MurphyPaul Murphy (Dublin South West, Socialist Party)
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116. To ask the Minister for Justice and Equality if she has sought advice from the National Disability Authority on the issue of ratifying the United Nations Convention on the Rights of People with Disabilities; if so, the advice that she received; if that advice identified impediments to the State ratifying the convention; the details of those impediments; and if she will make a statement on the matter. [15035/15]

Photo of Aodhán Ó RíordáinAodhán Ó Ríordáin (Dublin North Central, Labour)
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I propose to take Questions Nos. 115 and 116 together.

The Government has given a firm commitment to ratify the Convention on the Rights of Persons with Disabilities and intends to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. As the Deputy will be 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 to review issues and the actions and timeframe required to tackle them. Many of these issues involve amending unsuitable and outmoded language and in some cases, archaic legal provisions, in existing legislation. Another key task which is underway 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 therefore continues to be made. One of the core elements of the remaining work to be completed is the enactment of capacity legislation. The Assisted Decision-Making (Capacity) Bill, published on 17 July 2013, provides a series of options to support people with impaired capacity to make decisions and exercise their basic rights in line with the principles of the UN Convention. It undertakes a comprehensive reform of existing legislation governing capacity. The Bill is currently awaiting Committee Stage in the Dáil.

In relation to the advice of the the National Disability Authority, I should explain that the Authority was asked by the the Interdepartmental Committee to commission an analysis of Irish domestic law in the context of the requirements of the Convention. This report was not intended for publication, but rather as a resource to inform and assist the work of the Interdepartmental Committee and I do not intend to publish it at this time. As the Deputy will be aware, as a matter of course the legal advice of the Attorney General is not published.

However, when the Government has approved the roadmap, outlining the measures to be taken to overcome the legislative barriers to ratification, the roadmap - which will contain a definitive statement of the legislative amendments required to allow ratification - will be published by my Department.

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