David Cullinane (Waterford, Sinn Fein)
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382. To ask the Minister for Children, Equality, Disability, Integration and Youth his plans to implement the recommendations made by the Ombudsman for Children to review the Disability Act 2005; and if he will make a statement on the matter. [12342/22]

David Cullinane (Waterford, Sinn Fein)
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383. To ask the Minister for Children, Equality, Disability, Integration and Youth his plans to review the Disability Act 2005 to place a focus on intervention and service provision as well as assessments of needs; and if he will make a statement on the matter. [12343/22]

Anne Rabbitte (Galway East, Fianna Fail)
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I propose to take Questions Nos. 382 and 383 together.

I am very mindful of the Ombudsman for Children's report and will be in a position to consider further review and necessary reform of legislation after the current legislative reform programme has been progressed. 

The Disability Act 2005 is a key part of the legislative architecture that enables provision to be made for the assessment of health and education needs of people with disabilities, amongst other important matters, and to promote equality and social inclusion in this regard.

The Department of Children, Equality, Disability, Integration and Youth is already involved in an extensive review of its legislative programme, with current priority being given to a review of the Equal Status Acts 2000-2018 and the Employment Equality Acts 2000-2015 (the ‘Equality Acts). This work includes consideration of the disability ground. 

In addition, I am working to fully commence the Assisted Decision-Making (Capacity) Act 2015, which will be possible once the supporting legislation, the Assisted Decision-Making (Capacity) (Amendment) Bill, has been enacted. This important legislation moves us from a status based definition of capacity to a functional approach where capacity is assessed in relation to the decisions needing to be taken. This legislation is key for further realising the UN Convention on the Rights of Persons with Disabilities (UNCRPD). The Amendment Bill will also include many of the provisions of the previous Disability (Miscellaneous Provisions) Bill, which lapsed with the last Dáil. These include removal of the archaic ban on people "of unsound mind" standing for election in Dáil Éireann, providing a legislative footing for IHREC's role as the national monitoring body on UNCRPD, and doubling the number of people to be employed in the public service from 3% to 6%.