Written answers

Tuesday, 11 October 2022

Department of Children, Equality, Disability, Integration and Youth

United Nations

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
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533. To ask the Minister for Children, Equality, Disability, Integration and Youth if he intends to make reservations to the UNCRPD Optional Protocol; and if he will make a statement on the matter. [49634/22]

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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Ireland ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) on 20 March 2018. The Government has made a commitment in the Programme for Government to ratifying the Optional Protocol to the UNCRPD, following the first review of the state before the UNCRPD Committee.

Although the Programme for Government signals that ratification will occur after the conclusion of Ireland's first reporting cycle under the UNCRPD, due to delays at UN Committee level I have indicated a willingness to explore earlier ratification the Optional Protocol, subject to Ireland being in a position to meet all of its obligations thereunder.

My Department is in the process of scoping the requirements for earlier ratification and my officials have engaged with internal legal advisors, and had early engagement with the Office of the Attorney General and the Department of Foreign Affairs in this regard. The scoping work for earlier ratification is ongoing, although it is clear that the Assisted Decision-Making (Capacity) (Amendment) Bill 2022 will be required to be passed before ratification can proceed, as it provides key measures to advance the UNCRPD in the Irish context.

Arising from the scoping work conducted to date, there are currently no plans to enter a reservation to the Protocol. However, the necessary scoping work is ongoing in this regard and it is not possible to give a definitive answer to the Deputy's question pending the conclusion of the scoping and analysis process and consideration of any necessary legal advices.

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