Rights of People with Disabilities

Dáil Éireann Debate, Tuesday - 26 July 2022

Tuesday, 26 July 2022

Questions (1414)

Holly Cairns

Question:

1414. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the way that he will ensure that the State is in compliance with United Nations committee on the Rights of People with Disabilities General Comment No. 1 on the UNCRPD, as the definitive interpretation of UNCRPD article 12, concerning the removal of functional test of capacity from all legislation and public policy. [41744/22]

Written answers

Minister for Children, Equality, Disability, Integration and Youth

UNCRPD was ratified by Ireland in March 2018. The purpose of the Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. It applies established human rights principles from the UN Declaration on Human Rights to the situation of people with disabilities.

The Assisted Decision-Making (Capacity) Act 2015, and the Assisted Decision-Making (Capacity) (Amendment) Bill 2022 will bring Ireland further in compliance with UNCRPD, by abolishing the archaic wardship system currently in use in the State, replacing it with a flexible functional approach, whereby capacity is assessed on an issue and time-specific basis.

It will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement.

Ireland, similar to many other states, reserves the right to operate a functional capacity assessment model as part of Assisted Decision-Making legislation. This does not mean that Ireland will not be compliant with UNCRPD. General comment 1 of UN Committee on CRPD clarifies States parties' general obligations under Article 12 of the Convention on the Rights of Persons with Disabilities to ensure disabled persons' equal recognition before the law. The abolition of wardship and the introduction of a rights based flexible functional approach will achieve this.