Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

398. To ask the Minister for Health his views on ratifying the UN Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [42974/17]

Finian McGrath (Dublin Bay North, Independent)
Link to this: Individually | In context | Oireachtas source

As the Deputy will be aware, 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. Before the State can ratify the Convention however, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland. 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 major issue at this stage is in relation to deprivation of liberty – in the case of persons in nursing homes for example, whose capacity to consent may be in doubt. This is a sensitive and important issue and we must get it right. Unfortunately, it is taking longer than expected to develop a proposal that is constitutionally sound and operationally effective and reasonable. This work is being led by the Department of Justice and Equality with the assistance of the Department of Health.