Oireachtas Joint and Select Committees
Thursday, 19 October 2023
Committee on Public Petitions
Decisions on Public Petitions Received
Pat Buckley (Cork East, Sinn Fein) | Oireachtas source
I agree with the recommendations but I will be very interested in the petitioner's response. The petition mentioned the Disability Act two or three times but it also mentioned the optional protocol.
We had a chance in 2018, when we ratified most of the UNCRPD, to ratify the optional protocol but did not do so. The excuse from the HSE is weak. It is saying that it cannot provide the service based on the fact that we did not ratify the optional protocol. Only for that, the HSE would be hammered in the High Court for not providing the services.
We have seen it already and I suspect it is happening everywhere. The assessment of need process for children is a major problem and has been for a number of years. I sat on the Joint Committee on Autism and that was one of the biggest issues raised.
Regarding the response in those four paragraphs, it is disingenuous of the HSE to say that it is not its fault but is the fault of the Legislature because we have not ratified the optional protocol. Will somebody take responsibility here, step up to the plate and provide the service that is supposed to be there?
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