Cathal Crowe (Clare, Fianna Fail)
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266. To ask the Minister for Children, Equality, Disability, Integration and Youth if she will clarify a number of points (details supplied) on the ratification on the Optional Protocol of the UN Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [62970/22]

Anne 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. 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.

Ireland's approach to meeting the obligations of the UNCRPD is one of continuous advancement - each year moving forward on key reforms to consistently strengthen and uphold obligations and rights arising from the Convention.

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, and both I and my colleagues across Government support this fully.

Ratification of the Optional Protocol is a commitment in the Programme for Government. The timeline for ratification was originally anticipated to follow the conclusion of Ireland’s first review period before the UN Committee.

Due to delays at UN level Ireland’s appearance before the Committee will now be delayed. Due to this delay, Minister O’Gorman and I have indicated that we are open to the earlier ratification of the Optional Protocol.

My Department is currently working to scope out the requirements for earlier ratification. This scoping work is required due to the long standing position of the state in relation to honouring international agreements. As a matter of foreign policy, Ireland does not enter into binding international treaties until we are confident that the obligations set out within can be complied with. The scoping work is ongoing and for that reason precise details in satisfaction of the questions raised in the details provided cannot be provided at this juncture. The purpose of this exercise is to determine whether there are any blocks in domestic law or domestic procedures that would prevent ratification at this point. As such, the exercise is procedurally necessary in light of the state's position on ratifying internationally binding treaties.

While I am not yet in a position to give an exact date for ratification, it is a priority for me to ensure that the Optional Protocol is ratified at the earliest possible date.

In relation to the other matters the Deputy has raised, the Department of Health will update the Deputy directly with detailed information.

There is a clear Government commitment to reduce and provide a pathway to eliminate the practice of accommodating young people with serious disabilities in nursing homes.

Nursing homes are an appropriate care option where the person concerned has a clinically assessed complex medical and social care requirement that cannot be supported in the person’s home. However, as identified in the Ombudsman Report 'Wasted Lives' for some people under the age of 65 nursing homes are not an appropriate placement, and alternative, more sustainable supported living solutions are needed to give them greater independence and choice in their daily lives.

A range of services are being supported that can facilitate young people with serious disabilities to live fuller, more independent lives, including respite, home support and personal assistance services.

In 2021 this Government provided for a Pilot Scheme as part of the HSE National Service Plan (NSP) to enable 18 people, with an investment of €3m, under the age of 65yrs to transition to their own home with support. The HSE National Service Plan (NSP) 2022 provided a further allocation of €5.5 million in 2022 to support further transitions to more appropriate placements in the community. As of October 2022, 20 transitions have taken place. It is envisioned that much of the remaining placements will not be developed until later in 2022 and into early Q1 2023.

A National Survey of persons under 65 in nursing homes related to recommendation 6.1 of the Ombudsman report is being developed by the HSE as part of the “Planning appropriately for Younger People in Nursing Homes”. This project was developed in recognition of the need to identify the location, services provided and the cost of placements for younger people with disabilities that are currently living in nursing home settings, who may be suitable to transition to alternative sustainable living solutions within their community.

The project will gather essential baseline data on this population in order to conduct advance planning and implementation of a coordinated programme to support transitions back to the community to lead supported self-directed lives.