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Dáil
‹ Leaders' Questions

Ratification of disability rights convention

Summary

Deputy Tom Fleming pressed for ratification of the UN Convention on the Rights of Persons with Disabilities and raised worsening disability services. The Taoiseach said the Assisted Decision-Making Bill was a necessary step and promised information on the ratification timetable.

On 30 March 2007, Ireland signed but did not ratify the UN Convention on the Rights of Persons with Disabilities. The convention has since been ratified by 156 countries but Ireland's ratification remains outstanding. The Government's contention that archaic legislation prevents Ireland from ratifying the most important human rights treaty of the 21st century is an affront to people with disabilities, who have been told to wait by successive Governments.

Even though we have failed to ratify the treaty, we have obligations under it as a result of the overall EU ratification process which has happened in the meantime. Unfortunately, we have blatantly fallen down on these commitments as a result of our EU membership. Furthermore, a commitment was given at the UN Assembly by Ireland's permanent representative by way of a letter dated 13 April 2012. It was part of our successful campaign for election to the UN Council on Human Rights. This increases the need for immediate action on the matter. Not enacting the outstanding legislation allows a loophole that is letting the Government off the hook in dealing with various inadequacies in the provision of necessary services for people with disabilities. In 2012 the Government effectively tried to scrap personal assistants and only reversed the decision when people with disabilities took to the streets. I am asking the Taoiseach to ensure that in the remaining lifetime of the Government he brings forward the required legislation to enable ratification of the disability rights treaty which is urgently required. It is included in the programme for Government under the heading of the Assisted Decision-Making (Capacity) Bill. We have renegued on this commitment by failing to ratify the treaty. It is a race against time to introduce the necessary legislation to ratify it. Will the Taoiseach deal with the issue as a matter of urgency?

Comment on this
Enda Kenny The Taoiseach Fine Gael

It is obviously an issue of considerable importance and great sensitivity for those directly involved. The Assisted Decision-Making (Capacity) Bill replaced a number of pieces of archaic legislation dating back over 200 years. It is the next step on the road in seeking approval to sign the convention. It is before the House for discussion. We must have it concluded, agreed to and signed as the next steps in the process to approve the convention. There may be a number of related matters because it is an extensive area covering the entire spectrum of disability issues that need to be considered. The reason for the delay was due to the collation of the different pieces of archaic legislation, as well as the production, publication and approval of the Assisted Decision-Making (Capacity) Bill, which deals in the main with a number of related disability issues. As the Bill passes through the House, the Deputy and everybody else will be given an indication as to when it will be possible to ratify the convention.

Comment on this

I hope the Taoiseach will take up this matter with his Ministers in the coming week because time is limited. I also hope he will follow up on what he has said here. It is estimated that there are over 600,000 people in this country with some disability. Since the collapse of the banks in 2008, the problem has been exacerbated in the intervening years, bringing fear, consternation and worry to people with disabilities and their families. The widespread fear among them is increasing by the day. Disability services are being subjected to general austerity programmes, with reductions in services that aim to support them in progressively moving towards independent living, to which they are entitled. The recession has delivered a double blow, as the past eight years have seen unprecedented cuts in supports aimed at enabling people with disabilities to live independently. For instance, there have been cuts to the mobility allowance, the motorised transport grant, medical cards, home help hours and the respite care grant, among many others. In addition, there was an overall reduction in disability housing grant funding for county councils. In the forthcoming budget will the Taoiseach and his Government restore and enhance the aforementioned services and schemes that are fundamental to the quality of life of people with disabilities?

Comment on this

Start with the respite care grant.

Comment on this
Enda Kenny The Taoiseach Fine Gael

I will ask the Minister for Justice and Equality to contact Deputy Tom Fleming about the next likely steps and the timescales involved concerning the convention when the Bill completes its passage through this House and the Seanad. As regards the Deputy's question on disability services, there have been improvements in a number of areas. It is not always the way we would like to have it, but clearly one cannot provide services if we have an economy that is not functioning. I am glad that Ireland is moving into a much better position than it was in a number of years ago. The question on budget allocations for Departments that deal with people with disabilities is one that will be discussed by individual Ministers with the Minister for Public Expenditure and Reform. They will be signed off on by the Government prior to the budget. The points raised by the Deputy will obviously be taken into account.

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