With the grand-standing between coalition partners Fine Gael and Fianna Fáil, one would think that there weren’t crises in Health, Disability, Housing, Transport, etc. One such area that Deputy Broughan has been continuing to challenge the Government on is the long-awaited ratification of the UN Convention on the Rights of Persons with Disabilities which was also a commitment in the Programme for Government.
Deputy Broughan again asked the Minister for Justice and Equality, Charlie Flanagan, what legislation needs to be passed as indicated by An Taoiseach recently before the UN Convention on the Rights of Persons with Disabilities will be implemented and Deputy Broughan is, of course, concerned that ratification will again be placed on the backburner while the 2 largest parties continue to create election drama instead of taking real action on areas of legislation that would improve the lives of persons with disabilities in Ireland.
The PQ reply from Minister of State for Disability, Finian McGrath, on the 21st of November stated that:
“It is essential that the State is in a position to meet the obligations that it assumes under the terms of an international agreement from the moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland. Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to protect the people for whose benefit the Convention exists. The previous Government published a Roadmap in October 2015, which sets out the legislative measures needed to meet those requirements, along with declarations and reservations to be entered by Ireland on ratification.
Considerable progress has already been made to overcome the remaining legislative barriers to Ireland’s ratification of the Convention. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Act 2017 has reformed Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights.
The Disability (Miscellaneous Provisions) Bill 2016 was published immediately prior to Christmas and completed Second Stage in February 2017. The primary purpose of the Bill is to address the remaining legislative barriers to Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Work is ongoing on all the other issues set out in the previous Government’s Roadmap for Ratification published in October 2015 and these will be progressed as Committee Stage amendments. The Bill will be progressed to enactment at an early date to facilitate ratification of the UN Convention as soon as possible.
The precise timing of ratification now depends on how long it will take for this Bill to progress through the enactment process and on issues in relation to commencement both of deprivation of liberty provisions, which will be included in the Bill at Committee Stage, and of the Assisted Decision Making (Capacity) Act 2015.”
Deputy Broughan says “It is totally unacceptable that over 2 years have passed since the Roadmap to Ratification and 10 years since we signed the UN Convention on the Rights of Persons with Disabilities. I do not understand why the Disability (Miscellaneous Provisions) Bill 2016 is taking so long to progress through the process and surely the delay shows that this is not a priority area for our do-nothing Government.”