Written Answers Nos. 196-204
196. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth his views on removing the State’s reservations to the Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [14291/23]
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. Both I, and the wider government, are committed to the advancement of rights under the UNCRPD, and progress in this area is a key focus of mine.
At the time of ratification, Ireland entered three reservations to Articles 12, 14 and 27 of the Convention.
As reported to the UN Committee in Ireland’s Initial State Report under the UNCRPD, under the declaration and reservation in respect of Article 12, Ireland has declared its understanding that the Convention permits supported and substituted decision-making arrangements that provide for decisions to be made on behalf of a person, where such arrangements are necessary, in accordance with the law, and subject to appropriate and effective safeguards. To the extent that Article 12 may be interpreted as requiring the elimination of all substitute decision-making arrangements, Ireland reserves the right to permit such arrangements in appropriate circumstances and subject to appropriate and effective safeguards. The rationale for this declaration and reservation is to ensure that difficulties are not encountered in the operation of provisions in Part 5 of the Assisted Decision-Making (Capacity) Act 2015, which allows for the appointment of a decision-making representative to take specified decisions on behalf of a person, strictly in line with that persons will and preference and in a manner supervised by the Decision Support Service, and for the taking of certain decisions by a court on behalf of a person in urgent and limited circumstances, as set out in the Act.
As further reported to the UN Committee in Ireland’s Initial State Report under the UNCRPD, in respect of Articles 12 and 14, Ireland recognises that all people with disabilities enjoy the right to liberty and security of the person, and a right to respect for physical and mental integrity on an equal basis with others. When ratifying the Convention, Ireland declared its understanding that the Convention allows for compulsory care or treatment of persons, including measures to treat mental disorders, when circumstances render treatment of this kind necessary as a last resort, and the treatment is subject to legal safeguards. The rationale behind this declaration is to preserve the insanity defence under the Criminal Law (Insanity) Act 2006, to preserve the unfitness to be tried process, and to allow for the treatment of persons who may be likely to cause harm to themselves or other under the Mental Health Act 2001. The Deputy will be aware that in relation to the Mental health Act 2001, significant reforms are planned in amending legislation being developed by the Department of Health.
While Ireland accepts the provisions of Article 27 of the Convention, it has entered a reservation that this Article is subject to the understanding that none of its obligations relating to equal treatment in employment and occupation shall apply to the admission into or service in any of the Defence Forces, An Garda Síochána, the Prison Service, the Fire Brigade, the Irish Coastguard, and the Ambulance Service. The rationale behind this reservation is to allow for the continued operation of appropriate occupational health assessments in recruitment to front line posts where there are particular requirements with regard to performance of duties. This arises in the case of operational roles in the Defence Forces, An Garda Síochána, the Prison Service, and the Emergency Services. The reservation is not intended to preclude recruitment of persons with disabilities into alternative and appropriate roles but rather it is accepting of the fact that an accident or fire scene, for example, may not be a safe or appropriate working environment for a person with certain types of disability. Part 5 of the Disability Act 2005 makes provision for certain conditions for the employment of people with disabilities in public service employment. It does not currently apply to the Defence Forces, the Garda Síochána or prison officers of a prison. Employment Exemptions are provided for in s. 37(5) of the Employment Equality Act as amended.
I can confirm that there are no plans to remove the State’s reservations at this time, as the rationale for these reservations has not changed.
197. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide an update on the ratification of the Optional Protocol of the Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [14292/23]
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.
Ireland's approach to meeting the obligations of the UNCRPD is one of continuous advancement - each year moving forward on key reforms to consistently strengthen and uphold obligations and rights arising from the Convention.
As Minister of State with responsibility for Disability, 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, and I support this fully.
Ratification of the Optional Protocol is a commitment in the Programme for Government. The timeline for ratification was originally anticipated to follow the conclusion of Ireland’s first review period before the UN Committee.
Due to delays at UN level, Ireland’s appearance before the Committee will now be delayed. Due to this delay, I have indicated that I am open to the earlier ratification of the Optional Protocol.
My Department is continuing to scope out the requirements for earlier ratification. This scoping work is required due to the long-standing position of the state in relation to honouring international agreements. As a matter of foreign policy, Ireland does not enter into binding international treaties until we are confident that the obligations set out within can be complied with. As such, the ongoing scoping exercise is procedurally necessary.
While I am not yet in a position to give an exact date for ratification, it is a priority for me to ensure that the Optional Protocol is ratified at the earliest possible date.
198. Deputy Peter Burke asked the Minister for Children, Equality, Disability, Integration and Youth if outstanding payments owed to a premises (details supplied) can be made urgently; and if he will make a statement on the matter. [14322/23]
View answerMy Department has engaged over 750 properties to provide accommodation for Ukrainian Beneficiaries of Temporary Protection. In line with the Department’s commitment to substantially clear the backlog at the end of 2022, I temporarily re-assigned staff from other parts of the Department in December, doubling the size of the payments unit. The enlarged team approved more than 100 million euros worth of payments.
My Department is prioritising maintaining a practice of more timely payments, including providing more resources to address any issues. Any delays in making payments are deeply regretted and my Department is according this issue very high priority.
I am advised by my officials that the provider referred to by the Deputy has one outstanding valid invoice which is being processed as priority, with payment expected to issue in the coming two weeks pending final checks. I am further advised that my officials will be in contact with the provider in the coming days with the information required to submit a valid invoice for the current period.
The delay in payment is due to the large volume of invoices being received by my Department. Additional resources have been assigned within my Department, in addition to outsourcing of some tasks to accelerate processing. The volume of payments issuing is steadily growing. My Department will continue to press on to eliminate the backlog while ensuring appropriate governance is in place to safeguard the proper spending of Exchequer funding.
199. Deputy Peter Burke asked the Minister for Children, Equality, Disability, Integration and Youth if outstanding payments owed to a premises (details supplied) can be made urgently; and if he will make a statement on the matter. [14323/23]
View answerMy Department has engaged over 750 properties to provide accommodation for Ukrainian Beneficiaries of Temporary Protection. In line with the Department’s commitment to substantially clear the backlog at the end of 2022, I temporarily re-assigned staff from other parts of the Department in December, doubling the size of the payments unit. The enlarged team approved more than 100 million euros worth of payments.
My Department is prioritising maintaining a practice of more timely payments, including providing more resources to address any issues. Any delays in making payments are deeply regretted and my Department is according this issue very high priority.
I am advised by my officials that the outstanding invoices for the provider referred to by the Deputy are being processed as priority, with payment expected to issue in the coming two weeks, pending final checks.
The delay in payment is due to the large volume of invoices being received by my Department. Additional resources have been assigned within my Department, in addition to outsourcing of some tasks to accelerate processing. The volume of payments issuing is steadily growing. My Department will continue to press on to eliminate the backlog while ensuring appropriate governance is in place to safeguard the proper spending of Exchequer funding.
200. Deputy Róisín Shortall asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 282 of 9 March 2023, to provide a breakdown of therapy hours by assessments and intervention type, in tabular form. [14366/23]
View answerAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
201. Deputy Róisín Shortall asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 282 of 9 March 2023, to clarify if any diagnostic assessments are being outsourced to private providers; and if so, the number that were outsourced in 2021 and 2022, in tabular form; and if he will make a statement on the matter. [14367/23]
View answerAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
202. Deputy Róisín Shortall asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 282 of 9 March 2023, the types of expenses that are covered by non-pay expenses; and if he will make a statement on the matter. [14368/23]
View answerAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
203. Deputy Róisín Shortall asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 282 of 9 March 2023, to provide the cost of CDNTs covering non-pay and pay related expenses, as well as any other category of expenses, by category, in tabular form. [14369/23]
View answerAs this question relates to a service matter, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
204. Deputy Ged Nash asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide data, if available, on the qualification levels (details supplied) of civil servants in his Department as of 31 December 2022; how educational attainment levels have evolved in recent years; and if he will make a statement on the matter. [14628/23]
View answerThe information requested by the Deputy is not readily available. I understand that the Public Appointments Service verifies education qualifications of candidates prior to their assignment to my Department.
