Written answers

Tuesday, 7 July 2015

Department of Justice and Equality

UN Conventions Ratification

Photo of Paul MurphyPaul Murphy (Dublin South West, Socialist Party)
Link to this: Individually | In context | Oireachtas source

26. To ask the Minister for Justice and Equality in view of the passage of the Assisted Decision-Making (Capacity) Bill 2013 through Dáil Committee Stage, her views on the ratification of the United Nations Convention on the Rights of Persons with Disabilities; if she will report on the work of her Department on the Interdepartmental Committee dealing with the Convention's ratification; and if she will make a statement on the matter. [27073/15]

Photo of Aodhán Ó RíordáinAodhán Ó Ríordáin (Dublin North Central, Labour)
Link to this: Individually | In context | Oireachtas source

I refer the Deputy to previous answers on this issue on 16 April, 23 April and 19 May 2015. 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 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. We are determined to take the steps necessary to meet all the Convention's requirements in a constructive, proactive and appropriate manner. I should stress that for Ireland, ratification is the end of the preparation and implementation phase, not the beginning.

A team within my Department 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. My Department chairs the Interdepartmental Committee, which comprises representatives of the Departments of Foreign Affairs and Trade; Children and Youth Affairs; Finance; Education and Skills; Health; Defence; Environment, Community and Local Government; Public Expenditure and Reform; Communications, Energy and Natural Resources; Transport, Tourism and Sport; Arts, Heritage and the Gaeltacht; Social Protection; and the Office of Public Works.

The Deputy referred to the progress of the Assisted Decision-Making (Capacity) Bill 2013, which passed Dáil Committee Stage on 17 June 2015. Preparations are currently being made to bring the Bill to the Dáil for Report Stage, with a view to enactment later this year. The requirement to enact suitable capacity legislation has long been one of the core obstacles to ratification of the Convention and the progress made in this area is a testament to the Government’s commitment to meeting the obligations of the CRPD in a comprehensive and meaningful way. Progress is also being made on necessary reforms to legislation on sexual offences, and by my colleagues, the Minister for Health and the Minister of State for Primary and Social Care, on reforms to mental health legislation. Another key task which is underway involves examining how the important issue of Reasonable Accommodation can be achieved within our Constitutional framework as interpreted by the Supreme Court. Further measures required to enable ratification include amending unsuitable and outmoded language and in some cases, archaic legal provisions, in other legislation.

Once all legislative measures have been agreed by the Interdepartmental Committee, we will submit a Memorandum for Government setting out the roadmap to ratification and requesting approval for legislation to amend current obstacles to ratification. Once approved by Government, we will publish the roadmap, outlining the measures to be taken to overcome all outstanding barriers to ratification of UN CRPD, along with the estimated timescales involved.

Comments

No comments

Log in or join to post a public comment.