Written answers

Tuesday, 8 September 2020

Department of Justice and Equality

UN Convention on the Rights of Persons with Disabilities

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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879. To ask the Tánaiste and Minister for Justice and Equality the cost across whole-of-Government of implementing in full the United Nations Convention on the Rights of Persons with Disabilities; the cost including the optional protocol. [21122/20]

Photo of Seán CanneySeán Canney (Galway East, Independent)
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887. To ask the Tánaiste and Minister for Justice and Equality when funding will be put in place to confirm the United Nations Convention on the Rights of Persons with Disabilities; the timeline for compliance; and if she will make a statement on the matter. [22032/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 879 and 887 together.

The Government’s approach to meeting the terms of the United Nations Convention on the Rights of Persons with Disabilities (“the Convention”) is one of progressive realisation. Work is continuing on the reforms needed for an optimum level of compliance with the Convention's requirements.

The National Disability Inclusion Strategy (NDIS) 2017 – 2021 contains a wide range of practical commitments to improve the position of people with disabilities in Ireland. Furthermore, it provides a mechanism for joined-up working to deliver on Ireland’s commitments to implementing the UNCRPD. The NDIS Steering Group, which oversees and monitors the implementation of the Strategy, has an important role in guiding progress in this area. The Group recently carried out a mid-term review of the Strategy which examined how the Strategy is aligned with the articles of the Convention and how the Strategy could be revised and built upon in order to continue progressive realisation of the aims of the Convention. Arising from the mid-term review, a commitment was made that the Department of Justice and Equality will develop a UNCRPD implementation plan that will include monitoring structures and metrics as appropriate.

Of particular relevance to Article 12 of the Convention is the Assisted Decision-Making (Capacity) Act 2015, which provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act was signed into law on 30 December 2015 but has not yet been fully commenced. The 2015 Act will abolish the current Wards of Court system by repealing the Lunacy Regulation (Ireland) Act 1871. Part 6 of the 2015 Act provides that adults currently in wardship will transition to the new decision-making support arrangements provided for in the Act on a phased basis over 3 years from the commencement of Part 6 of the Act.

New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the Department of Health), must be put in place before the substantive provisions of the 2015 Act can be commenced. The Decision Support Service is working towards being operational and ready for the commencement of the main provisions of the Act in 2020. This lead-in timeframe ensures that the necessary staff resources, processes, IT system, expert panels, codes of practice and regulations will be in place so that the Decision Support Service will have the capacity to be up and running effectively.

The Government continues to take practical measures to improve the lives of people with disabilities. The Report of the Make Work Pay Group was published in April 2017 and many of its recommendations have been implemented. In addition, the Comprehensive Employment Strategy for People with Disabilities 2015-2024 includes positive action measures to support the recruitment of people with disabilities in the public service and in the wider economy. Significant expenditure is being committed by individual departments to responding to the needs of persons with disabilities. For example, €1.7bn was spent by the Department of Employment Affairs and Social Protection on Disability Allowance payments in 2019. €2.054bn has been allocated in the HSE Service Plan for disability-related expenditure this year. Funding for special education provision in 2020 will amount to €1.9bn which is equivalent to 20% of the gross overall current allocation for education and training.

In addition to the practical measures outlined, the Deputy will be aware of a number of legislative developments to support the implementation of the Convention.

In the first instance, my colleague the Minister for Health is progressing Heads of a Bill to provide legislative clarity on the issue of deprivation of liberty. A report of a recent public consultation on these draft legislative provisions is nearing completion, and every effort is being made to progress this legislation as quickly as possible.

In order to strengthen Ireland’s laws on liberty and security of the person as they relate to persons with a disability and to ensure that Ireland fully complies with Article 14, the Government has been working towards enacting specific legislation. The Disability (Miscellaneous Provisions) Bill 2016 and the Assisted Decision-Making (Capacity) Act 2015, each have an important role in this regard. In addition, a stand-alone Bill on Deprivation of Liberty is being progressed. The Bill will provide procedural safeguards to ensure that people are not unlawfully deprived of their liberty in relevant facilities.

An approach has been developed to provide for situations in which an individual lacks the capacity to consent to their care arrangements (which amount to a deprivation of liberty) and will provide a legal basis for these care arrangements to be authorised by a body to be established within the health service. The authorisation will not cover any other decision to be made in relation to that individual e.g. financial decisions or consent to medical treatment. Work to refine the draft legislative proposals is ongoing and complicated policy issues that have arisen are being resolved, in consultation with an Advisory Group and relevant stakeholders.

The Disability (Miscellaneous Provisions) Bill 2016, which contains key legislative amendments needed for compliance with the Convention, was published in December 2016. The Bill includes provisions to establish the monitoring framework required by Article 33 of the Convention to promote, protect and monitor implementation of the Convention. It requires the involvement and participation of civil society, in particular, persons with disabilities, in the monitoring process.

Published in December 2016, the Bill’s stated purpose was to address remaining legislative barriers to Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). The opportunity was also taken to progress other miscellaneous amendments to statute law. The Bill amends:

- the Juries Act to accommodate (i) deaf persons who need the services of a sign language interpreter and (ii) persons with mental illness being subject to a functional capacity test

- the Electoral Act to repeal the prohibition on a person of unsound mind from standing for election to the national and European parliament- the National Disability Act to (i) change the status of NDA staff from public to civil servants, in line with all other bodies in the Justice Vote and (ii) to provide information and advice including statistics to the Irish Human Rights and Equality Commission (IHREC) - the Equal Status Act to elaborate the principle of refusal of “reasonable accommodation” on grounds of cost- the Disability Act to bring civilian staff of the Garda Síochána within the scope of Part V of that Act which contains measures applicable to the public service including employee quotas- the IHREC Act to create a statutory basis for IHREC to (i) keep under review the law and practice relating to the protection of persons with disabilities, and (ii) to that end appoint an advisory committee, and (iii) apply to the Court of Appeal to appear as amicus curiae (friend of the court).

The Bill was at Committee Stage when it lapsed with the dissolution of the Dáil and Seanad in January 2020. A decision is now required as to whether the lapsed Bill should be revisited, or if a new Bill should be drafted.

The monitoring framework for implementation of the Convention will include both the Irish Human Rights and Equality Commission (IHREC) and the National Disability Authority. This will ensure the direct participation of persons with disabilities and the organisations representing them in monitoring how the Convention is implemented in Ireland.

The Optional Protocol to the United Nations Convention on the Rights of Persons with Disabilities (CRPD) is an international treaty that establishes two procedures aimed at strengthening the implementation and monitoring of the Convention. The first is an individual communications procedure allowing individuals to bring petitions to the Committee claiming breaches of their rights; the second is an inquiry procedure giving the Committee authority to undertake inquiries of grave or systematic violations of the Convention.

The Programme for Government reiterates the commitment to ratify the Optional Protocol after the first reporting cycle.

It is not possible to arrive at a precise budgetary figure in relation to the monitoring or implementation of the Convention including the Optional Protocol. Individual actions across different departments have associated cost implications that are included in the votes of the relevant departments.

As this is a function that is due to transfer, it will of course be a matter for my colleague, Mr. Roderic O'Gorman, T.D., the Minister for Children, Disability, Equality and Integration, to bring these matters forward.

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