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UN Conventions Ratification

Dáil Éireann Debate, Tuesday - 16 April 2013

Tuesday, 16 April 2013

Questions (868, 913, 946)

Thomas P. Broughan

Question:

868. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his plans to ratify the United Nations Convention on the Rights of Persons with disabilities; if he can give an indication as to when ratification of the Convention will take place; and if he will make a statement on the matter. [17938/13]

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Joe McHugh

Question:

913. Deputy Joe McHugh asked the Minister for Justice and Equality if he will update Dáil Éireann on the ratification of the UN Convention on the Rights of People with Disabilities; his views on whether there is legal impediment to its immediate ratification; and if he will make a statement on the matter. [16925/13]

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Simon Harris

Question:

946. Deputy Simon Harris asked the Minister for Justice and Equality the legislative reform that is needed to ensure the alignment of Irish law with the UN Convention on the Rights of People with Disabilities; if he will provide details of the timeline for the publication of such legislative reform; when he hopes to be in a position for Ireland to ratify this convention; and if he will make a statement on the matter. [17178/13]

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Written answers

I propose to take Questions Nos. 868, 913 and 946 together.

It is the Government's intention to ratify the UN Convention on the Rights of Persons with Disabilities as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are being met. As the Deputies may be aware, Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by the treaty in question, including by amending domestic law as necessary.

The ongoing implementation of our National Disability Strategy in many respects comprehends many of the provisions of the Convention. In addition, the Inter-Departmental Committee on the Convention monitors the remaining legislative and administrative actions required to enable ratification. The committee has identified, as part of its work programme, issues to be considered by various Government Departments. It is a matter for those Departments to determine whether any actions are required in relation to these issues in advance of ratification and report back to the Committee. This work is ongoing in all Departments. At the Committee's request, the National Disability Authority, the lead statutory agency for the sector, is in the process of assisting it to assess the remaining requirements for ratification so as to ensure conclusively that all such issues will be addressed.

One of the key requirements in this regard is the enactment of capacity legislation. Drafting of the Bill is being finalised with a view to meeting the commitment in the Government Legislation Programme which indicates that the Bill is expected to be published in the current session. The Programme for Government contains a commitment to introduce a Bill that is in line with the UN Convention on the Rights of Persons with Disabilities. Work is being completed to properly align the provisions of the Bill with the principles contained in the UN Convention on supporting people with impaired capacity in making decisions and exercising their basic rights. I envisage that the revised title of the Bill, The Assisted Decision - Making (Capacity) Bill, will reflect this approach.

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