Written answers

Tuesday, 30 May 2023

Department of Children, Equality, Disability, Integration and Youth

Legislative Process

Photo of Pauline TullyPauline Tully (Cavan-Monaghan, Sinn Fein)
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97. To ask the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 1179 of 18 April 2023, if the scoping exercise to identify outstanding requirements for ratification of the optional protocol to the UNCRPD has been completed; if not, the expected date for the scoping exercise to be completed; and if he will make a statement on the matter. [25902/23]

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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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. 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 , both Minister O'Gorman and I have indicated our support for earlier ratification of the Optional Protocol.

My Department is continuing 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. As such, the ongoing scoping exercise is procedurally necessary.

While I had expected the scoping exercise to have been completed by Easter this year, the procurement of appropriate expert legal advice to complete and conclude the exercise has been delayed. A tender for the necessary specialist services was issued in February of this year, but that process did not result in a suitable contract being awarded. My Department is now in the process of revising of the approach to be taken but I can assure the Deputy that this is being addressed as a matter of urgency.

My Department is consulting with the Office of the Attorney General to identify appropriate legal expertise so that the scoping exercise can be completed at the earliest possible time. I am informed that the work will be complete by early in quarter 4 of this year, should the procurement of expertise go to plan on this occasion.

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