Disability convention and protocol
Deputy Róisín Shortall welcomed ratification of the UN disability convention but pressed the Taoiseach to ratify the optional protocol as well. The Taoiseach said the convention had now been ratified, the protocol would follow after the first reporting cycle, and listed wider disability measures already being advanced.
On 7 March, the House approved the terms of the UN Convention on the Rights of Persons with Disabilities. This was a long overdue action because the original convention was signed by this country 11 years ago. Ratification of the convention was warmly welcomed by all sides of the House, people with disabilities and campaigning groups.
The Taoiseach highlighted it in one of his weekly messages. During the course of that debate I, and others, sought clarification from the Minister of State, Deputy Finian McGrath, in respect of the associated optional protocol to the convention. This question was studiously avoided by the Minister of State. It later transpired that the Government had no intention of ratifying the optional protocol. This was in spite of the fact that a commitment was given in the 2015 roadmap that the convention and the protocol would be ratified simultaneously. The failure to ratify this protocol renders the convention toothless because people with disabilities will be denied access to the complaints mechanism of the convention. The purpose of the optional protocol is to enable people to make complaints to a recognised UN body where their rights under the convention have been violated. Without it, it is not possible for people to vindicate their rights and ensure that the Government lives up to its responsibilities.
If the Government is serious about supporting people with disabilities to be full and active citizens, what does it fear in adopting the protocol? The Education for Persons with Special Educational Needs Act 2004, the Disability Act 2005, the Citizens Information Act 2007 and the Assisted Decision-Making (Capacity) Act 2015 are all on the Statute Books but have not been fully enacted. The failure to fully commence this legislation means disabled people have no rights to educational supports or assessments of need, no rights to community supports and services and no rights to independent advocacy. The excuse for not adopting the protocol, provided in replies to parliamentary questions, is that we first need to achieve a cultural change in regard to disability rights. It is true that we do need to achieve a cultural change but surely the best way of achieving that cultural change is to make the convention enforceable.
Will the Taoiseach live up to the commitments in the roadmap and accept the necessity to adopt this protocol as a matter of urgency?
Comment on this
The Government agreed at Cabinet on 5 December 2017 to proceed with the ratification of the United Nations Convention on the Rights of Persons with Disabilities. A motion allowing us to do so and to approve the terms of the convention was passed in Dáil Éireann on 7 March. The purpose of the convention is to promote, protect and ensure full and equal human rights and fundamental freedoms for all people with disabilities and to promote and respect their inherent dignity. The Tánaiste signed the instrument of ratification and it was deposited with the UN treaty office last week and the convention will enter into force in Ireland 30 days after deposit. I am pleased to note that Deputy Shortall is paying close attention to my weekly videos, which will continue notwithstanding decisions made on another matter.
In the speech I made on my election as Taoiseach, I mentioned that ratification of the UN Convention on the Rights of Persons with Disabilities, holding a referendum on the eighth amendment, enactment of the Technological Universities Bill 2015 and producing a ten-year capital plan were among a list of substantial things I would do as Taoiseach. I am glad that we are ticking them off at a good pace.
On the optional protocol, while a commitment was given in 2015 to ratify it at the same time as the convention, our focus has been on ratifying the convention as a first step. This does not preclude us ratifying the optional protocol at a later stage. The protocol and the convention cover a broad range of commitments, some of which require substantial cultural change. Work is continuing on the reforms necessary for Ireland's compliance with the convention requirements. In the early implementation phase it is essential that the resources are appropriately focused on the enhancement of services needed for compliance with the convention and not diverted to other areas, such as the optional protocol, before we are fully ready to engage with it. For this reason, we have decided to adopt a phased approach as the most practical way of moving ahead. Accordingly, the optional protocol is not being ratified at this time but it will be ratified as soon as possible, at the latest following the completion of Ireland's first reporting cycle, which will identify any actions needed with regard to compliance with the convention.
Comment on this
The Taoiseach's response is very disappointing. Ninety-two states have ratified the convention and the protocol. The majority of EU member states have ratified both.
There is no reason we cannot do it here if there is the political will to do so. The Taoiseach has caused huge disappointment across the community of people with disabilities, who had such expectations about the convention and its associated protocol being adopted this year. Surely the Taoiseach cannot stand over the denial of people's rights. The phased approach has not worked with the legislative measures I have mentioned and it will not work with this either. The Taoiseach appears to be using this as an excuse for not delivering on the promises he made to people with disabilities. Will he think again on this? I cannot accept what he is saying and I do not accept that he is refusing to allow people to have a right of recourse under the convention. Surely the Minister of State, Deputy Finian McGrath, will not stand over that denial either.
Comment on this
As I indicated in my reply, it is our intention to ratify the optional protocol following the completion of our first reporting cycle, at the latest. That makes sense. After years and decades of delay we have now ratified the convention and it is our intention to ratify the optional protocol as well after the first reporting cycle.
Comment on this
After promises for many years by many Governments this has been done. I compliment the work of the Minister of State, Deputy Finian McGrath, on making sure it was done. Vindicating the rights and freedoms of people with disabilities and providing opportunities for them goes way beyond conventions. It includes matters such as: the increase in the disability allowance, disability benefit and carer's benefit which takes place this week; extending medical cards as a right to children with severe disabilities in receipt of the domiciliary care allowance, which took place last year; extending free general practitioner, GP, care to carers and people in receipt of carer's allowance and carer's benefit, which we will do this year; and the additional money we have provided for respite care. We cannot do everything in one year and we cannot do as much as we would like to do in any year, but I do not believe any reasonable person can argue that we are not making a great deal of progress on all these issues, not just with regard to the convention and legal instruments but also in respect of practical matters such as income support and access to services.