Written answers

Tuesday, 11 October 2022

Department of Children, Equality, Disability, Integration and Youth

United Nations

Photo of Martin BrowneMartin Browne (Tipperary, Sinn Fein)
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526. To ask the Minister for Children, Equality, Disability, Integration and Youth if he will provide an update on Ireland's ratification of the optional protocol of the UN Convention on the Rights of Peoples with Disabilities, as Ireland is one of the only EU states which has not ratified the treaty. [49459/22]

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
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531. To ask the Minister for Children, Equality, Disability, Integration and Youth if he will ensure that the ratification process for the Convention on the Rights of Persons with Disabilities Optional Protocol occurs separately to the first reporting cycle in the UNCRPD; and if he will make a statement on the matter. [49632/22]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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I propose to take Questions Nos. 526 and 531 together.

Ireland ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) on 20 March 2018. This marked an important milestone in a process to strengthen the rights of people with disabilities in Ireland that has gathered momentum since Ireland became a signatory to the Convention in 2007.

I recognise the importance of the Optional Protocol to the UNCRPD. As the Deputy will be aware, the Optional Protocol is an international treaty that establishes procedures aimed at strengthening the implementation and monitoring of the Convention. Ratification of the Optional Protocol is a commitment in the Programme for Government, to follow the State's first periodic review before the UN Committee.

Due to delays at UN level, Ireland’s appearance before the Committee will now be delayed. In light of this, I have indicated that I am open to earlier ratification, independent of the timelines involved in the review of the State Report.

Ratification, when it occurs, will be contingent on the State being in a position to meet its obligations thereunder. This is reflective of the State’s long-standing approach to entering into binding international obligations in good faith, and at a point where the State is in a position to meet its obligations.

Work is underway to determine in full the requirements for ratification to occur at the earliest possible date. One key action required for ratification is the full commencement of the Assisted Decision-Making (Capacity) Act 2015. This Act is a key requirement for compliance with a number of measures related to the UNCRPD. Amending legislation is required to commence the Act in full and this is before the Houses at the moment. The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 has cleared all Dáil Stages and completed Committee Stage in the Seanad on 6 October.

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