Brendan Griffin (Kerry, Fine Gael)
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109. To ask the Minister for Justice and Equality her views on a matter (details supplied); and if she will make a statement on the matter. [6013/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Having regard to the rules of the House in relation to Questions asked on a details supplied basis, my Department made contact with the Deputy and I understand that I have his agreement to disclose the subject matter in my reply to the extent necessary to ensure that my answer is useful and informative. The details supplied relate to ratification of the UN Convention on the Rights of Persons with Disabilities.

Ireland signed the Convention on the Rights of Persons with Disabilities in 2007 and since then, successive Governments have emphasised Ireland’s strong commitment 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. This Government remains committed to ratification of the Convention.

It is essential that the State is in a position to meet the obligations it assumes under the terms of an international agreement from the moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland. Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to actually protect the people for whose benefit the Convention exists. The previous Government published a Roadmap in October 2015, which sets out the legislative measures needed to meet those requirements, along with declarations and reservations to be entered by Ireland on ratification.

Considerable progress has already been made to overcome the remaining legislative barriers to Ireland's ratification of the Convention. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Bill 2015 completed Committee Stage in the Dáil in December 2016 and is currently at Report Stage. When enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial.

The Disability (Miscellaneous Provisions) Bill 2016 was published immediately prior to Christmas and commenced Second Stage on 31 January 2017. The primary purpose of the Bill is to address the remaining legislative barriers to Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Work is ongoing on all the other issues set out in the previous Government’s Roadmap for Ratification published in October 2015 and these will be progressed as Committee Stage amendments. The Bill will be progressed to enactment at an early date to facilitate ratification of the UN Convention as soon as possible.

The precise timing of ratification now depends on how long it takes for the Bill to progress through the enactment process and on issues in relation to commencement of the Deprivation of Liberty provisions, which will be included in the Committee Stage amendments, and of the the Assisted Decision Making (Capacity) Act 2015.