The Programme for Government contains a commitment to enshrining disability rights by finalising the legislation necessary to meet the terms of the United Nations Convention on the Rights of Persons with Disabilities (“the Convention”). The approach being taken is one of progressive realisation, with work continuing on the reforms needed for an optimum level of compliance with the Convention's requirements.
The National Disability Inclusion Strategy (NDIS) 2017 – 2021 provides a mechanism for joined-up working to deliver on Ireland’s commitments to implementing the UNCRPD. Minister Rabbitte chairs the Steering Group, which oversees and monitors the implementation of the Strategy, the most recent meeting of which took place on the 29th of September 2020. This Group has an important role in guiding progress in this area. The Group recently carried out a mid-term review of the Strategy which examined how the Strategy is aligned with the articles of the Convention and how the Strategy could be revised and built upon in order to continue progressive realisation of the aims of the Convention. Arising from the mid-term review, a commitment was made that the Department of Justice and Equality will develop a CRPD implementation plan, that will include monitoring structures and metrics as appropriate.
Of particular relevance to Article 12 of the Convention is the Assisted Decision-Making (Capacity) Act 2015, which provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act was signed into law on 30 December 2015 but has not yet been fully commenced. The 2015 Act will abolish the current Wards of Court system by repealing the Lunacy Regulation (Ireland) Act 1871. Part 6 of the 2015 Act provides that adults currently in wardship will transition to the new decision-making support arrangements provided for in the Act on a phased basis over 3 years from the commencement of Part 6 of the Act. New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the Department of Health), must be put in place before the substantive provisions of the 2015 Act can be commenced. The Decision Support Service is working towards being operational and running effectively by ensuring that the necessary staff resources, processes, IT system, expert panels, codes of practice and regulations will be in place.
In addition to the practical measures outlined, the Deputy will be aware of a number of legislative developments to support the implementation of the Convention.
In the first instance my colleague the Minister for Health is progressing Heads of a Bill to provide legislative clarity on the issue of deprivation of liberty. A report of a recent public consultation on these draft legislative provisions is nearing completion, and every effort is being made to progress this legislation as quickly as possible.
The Disability (Miscellaneous Provisions) Bill 2016, which contains key legislative amendments needed for compliance with the Convention. The Bill includes provisions to establish the monitoring framework required by Article 33 of the Convention to promote, protect and monitor implementation of the Convention. It requires the involvement and participation of civil society, in particular, persons with disabilities, in the monitoring process.
The Bill provides for the amendment of:
- the Juries Act to accommodate (i) deaf persons who need the services of a sign language interpreter and (ii) persons with mental illness being subject to a functional capacity test;
- the Electoral Act to repeal the prohibition on a person of unsound mind from standing for election to the national and European parliament;
- the Disability Act to (i) change the status of NDA staff from public to civil servants, in line with all other bodies in the Justice Vote, (ii) to provide information and advice including statistics to the Irish Human Rights and Equality Commission (IHREC) and (iii) to bring An Garda Siochana within its scope;
- the Equal Status Act to elaborate the principle of refusal of “reasonable accommodation” on grounds of cost;
- the IHREC Act to create a statutory basis for IHREC to (i) keep under review the law and practice relating to the protection of persons with disabilities, and (ii) to that end appoint an advisory committee, and (iii) apply to the Court of Appeal to appear as amicus curiae (friend of the court).
The Bill was at Committee Stage when it lapsed with the dissolution of the Dáil and Seanad in January 2020. A decision is now required as to whether the lapsed Bill should be revisited, or if a new Bill should be drafted. This will be a decision for the new Minister for Children, Disability, Equality and Integration once the transfer of functions from the Minister for Justice and Equality has taken place.
The monitoring framework for implementation of the Convention will include both the Irish Human Rights and Equality Commission (IHREC) and the NDA and will be governed by a formal Memorandum of Understanding. This will ensure the direct participation of persons with disabilities and the organisations representing them in monitoring how the Convention is implemented in Ireland.
While the Government priorities remain focused on addressing the remaining legislative measures to be taken to give full effect to the Convention, the Programme for Government also reiterates the commitment to ratify the Optional Protocol after the first reporting cycle.
