Written answers

Tuesday, 21 February 2023

Department of Children, Equality, Disability, Integration and Youth

Departmental Reviews

Photo of Marc Ó CathasaighMarc Ó Cathasaigh (Waterford, Green Party)
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508. To ask the Minister for Children, Equality, Disability, Integration and Youth if his Department intends to initiate a review of the Disability Act 2005, in view of the concluding observations on the combined fifth and sixth periodic reports of Ireland of the Committee on the Rights of the Child (details supplied); and if he will make a statement on the matter. [8493/23]

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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Ireland remains firmly committed to the United Nations Convention on the Rights of the Child (UNCRC), a major international human rights treaty that sets out the specific rights of children. The UNCRC was adopted by the United Nations General Assembly in 1989 and Ireland ratified it in 1992. Ireland is required to submit regular state reports on measures it has taken to progress the implementation of rights under the Convention, with the most recent report submitted in February 2022.

In January this year, as Minister for Children, Equality, Disability, integration and Youth, I led the State delegation for an oral examination before the UN Committee on the Rights of the Child on Ireland's combined 5th and 6th State Report and the Committee's observations/recommendations have since been received and shared across Government Departments for consideration. In that regard, the recommendations of the UN Committee in relation to the Disability Act 2005 have been well noted.

The Disability Act 2005 is a key part of the legislative architecture that has developed in Ireland. The Disability Act 2005 provides for the assessment of need of people with disabilities, amongst other important matters, such as the broader promotion of equality and social inclusion encompassing accessibility issues and public employment.

While my Department keeps all legislation under its remit under review, there are no immediate plans to review the Disability Act. This is because my Department is already involved in an extensive review of significant aspects 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.

My Department is also progressing work to commence the Assisted Decision-Making (Capacity) (Amendment) Act 2015 in the earliest possible course, which is a significant and landmark reform and will implement a number of key measures for closer compliance with the UNCRPD.

The Disability Act 2005 already provides for Codes of Practice to be adopted in relation to access to public buildings, heritage sites, the information and services of public bodies, as well as in relation to employment in the public service. These Codes of Practice can be reviewed and updated without amending primary legislation. To that end, updated Codes of Practice in relation to accessible information and services and accessible public buildings are currently being reviewed by the National Disability Authority.

I will be in a position to consider further review and potential reform of legislation, including a review of the Disability Act 2005, after the current legislative reform programme has been progressed.

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