Dáil Éireann Debate, Thursday - 13 October 2022
126. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the reason that the Government has not ratified the optional protocol to the United Nations Convention on the Rights of Persons with Disabilities which would provide a mechanism for persons to challenge when their rights are not being upheld; and if he will make a statement on the matter. [50638/22]
View answerIreland ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) on 20 March 2018. This marked an important milestone in a process to strengthen the rights of people with disabilities in Ireland that has gathered momentum since Ireland became a signatory to the Convention in 2007.
I recognise the importance of the Optional Protocol to the UNCRPD. As the Deputy will be aware, the Optional Protocol is an international treaty that establishes procedures aimed at strengthening the implementation and monitoring of the Convention.
Ratification of the Optional Protocol is a commitment in the Programme for Government, and it was always the intention of Government to ratify once the State's first periodic review before the UN Committee had concluded. Ireland submitted its first State Report to the UN Committee in November 2021, and we had anticipated the review to conclude this year. However, due to delays at UN level, I understand that Ireland’s appearance before the Committee will now be delayed, possibly for some time.
In light of this, both Minister O' Gorman and I have indicated that we are open to earlier ratification.
Ratification, when it occurs, will be contingent on the State being in a position to meet its obligations thereunder. This is reflective of the State’s longstanding approach to entering into binding international obligations in good faith, and at a point where the State is in a position to meet its obligations.
Work is underway to determine in full the requirements for ratification to occur at the earliest possible date. One key action required for ratification is the full commencement of the Assisted Decision-Making (Capacity) Act 2015. This Act is a key requirement for compliance with a number of measures related to the UNCRPD. Amending legislation is required to commence the Act in full and this is before the Houses at the moment. The Assisted Decision-making (Capacity) (Amendment) Bill 2022 has cleared all Dáil Stages and completed Committee Stage in the Seanad on 6 October.
Alongside this work, my Department has engaged with internal legal advisors, and on an initial basis with the Office of the Attorney General and the Department of Foreign Affairs, to assist in scoping any further domestic requirements for ratification. Should any such requirements be identified, they will be addressed as a matter of priority.
