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Legislative Measures

Dáil Éireann Debate, Wednesday - 19 January 2022

Wednesday, 19 January 2022

Questions (1114)

Mick Barry

Question:

1114. Deputy Mick Barry asked the Minister for Children, Equality, Disability, Integration and Youth if he will take steps to remove the medicalised definition of disability from legislation; and if he will make a statement on the matter. [1736/22]

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Written answers

I fully recognise the importance of language and terminology, its impact on persons with a disability and the societal attitudes that certain words or phrases might imply. I also recognise that our legislation is often a product of the terminology in use at the time of a law's enactment, and that legal terminologies may be hurtful in some instances.

There is no singular or unified definition of disability under Irish law and responsibility for differing laws is shared amongst all cabinet ministers depending on the primary content of the law and the appropriate cabinet minister. There are also varying definitions relating to individual schemes, eligibility criteria, and data collection mechanisms including Census 2016.

In terms of the legislation for which I have responsibility, legislative definitions of disability are contained in the Disability Act 2005, the Equal Status Acts 2000-2018, and the Employment Equality Acts 2000-2015. 

A review of equality legislation is being undertaken by officials of this Department, and this work includes consideration of the disability ground.  The Assisted Decision-Making (Capacity) Act 2015, which I am working to commence, once the supporting legislation, the Assisted Decision-Making (Capacity) (Amendment) Bill has been enacted, moves from a medical definition of capacity based on a status approach to a functional approach which relates to the decisions needing to be taken.

Wider definitions of disability will be evaluated under the UNCRPD periodic review process. Ireland submitted its Initial State Report to the UN Committee on the Rights of Persons with Disabilities in November 2021 and we are currently awaiting a review date from the Committee for review. The Initial State Report outlines the definitions of disability in legislation and as used in Census 2016, and these definitions will be reviewed by the UN Committee in light of obligations under the UNCRPD.

We are committed to progressively realising our obligations under the UNCRPD. The outcome of the review of our equality legislation and the evaluation of definitions of disability under Irish law by the UN Committee on the Rights of Persons with Disabilities will inform next steps and actions that may need to be taken to work towards standardisation of definitions and  closer alignment to the social model of disability, as appropriate. In line with obligations and commitments under the UNCRPD, any such change in law or policy would involve consultation with, and the participation of, people with disability and their representatives.

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