Ireland ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) on 20 March 2018. The UNCRPD Optional Protocol creates important additional mechanisms through which Ireland's implementation of the UNCRPD can be monitored and evaluated. That is why I fully support ratification and why it is a clear 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, and for this reason Minister O' Gorman and I have indicated that we are open to the earlier ratification of the Optional Protocol.
Commencement of the Assisted Decision-Making (Capacity) Act 2015 and operationalisation of the Decision Support Service are important steps forward in paving the way to ratifying the Optional Protocol at the earliest possible date. The measures being taken via commencement of the 2015 Act, and commencement of the Assisted Decision-Making (Capacity) (Amendment) Act 2022, represent areas in which it was clear that closer alignment with the UCNRPD was required.
Alongside this, my Department is continuing to scope out the full requirements for earlier ratification of the Protocol. Any further issues that arise through this necessary due diligence based scoping exercise will be addressed as a matter of priority to ensure that the long-standing position of the state in relation to honouring international agreements is adhered to. 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 in order to ensure that any possible blocks to ratification can be identified and addressed as soon as possible, and so that a robust and fully scoped proposal for ratification can be brought forward for full Cabinet consideration.
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. Until ratification, we continue to implement the UNCRPD and look forward to engaging with the UN Committee when a review of Ireland's first State Report is scheduled.
