Thomas Pringle (Donegal, Independent) | Oireachtas source

I am not sure if this day is a cause for celebration or for criticism of the Government's record to date on the ratification of the UNCRPD because, while we celebrate the ratification of the convention, we are standing here 11 years on since Ireland became a signatory. While I welcome ratification, in my opinion, today should constitute an opportunity for the Government to make an official apology for the undue delay that, no doubt, has caused so much distress to people with disabilities. Last year, I spoke of a local disability activist from Donegal, Frank Larkin, during Leaders' Questions, and I read out to then Taoiseach, Deputy Enda Kenny, his account of the difficulties and frustrations he faced waiting for ratification. People with disabilities deserve nothing less than a sincere apology and explanation from the Government today, alongside a firm commitment to the timely implementation of necessary legislation bringing Ireland in line with the articles of the convention.

While I acknowledge the work the Minister of State, Deputy Finian McGrath, has done and his sincerity in regard to today's announcement, it is vital to recognise that this is only the start of the process rather than the end. Ratification without sufficient resources and without full legislative implementation will threaten its progress and the benefits it is to provide for people with disabilities.

I want to welcome Inclusion Ireland to the Visitors Gallery and thank it for its assistance. In the remainder of my time, I would like to discuss two aspects of the ratification process. First, on the issue of sufficient resourcing to allow for the full implementation of the convention, I hope the Government stands here today not only to announce the ratification but to give a firm commitment to allocate sufficient funding and resources necessary to see it through. Until this is done, I do not believe the Government will have anything to be proud of today, certainly not after 11 years of waiting. Ratification needs a disability inclusion focus across the budgetary process, including commitments made in budget 2018 which have yet to be realised and throughout the budgetary process for budget 2019.

In terms of resources, the Government has yet to set up an advisory committee with people with disabilities to support the Irish Human Rights and Equality Commission, IHREC, in

monitoring the implementation of UN Convention on the Rights of Persons with Disabilities, UNCRPD. This function will also require sufficient resourcing and funding to enable them to carry out their work. It will be a measure of the Government's commitment to ensuring this process will continue. The significant role of people with disabilities in the monitoring and evaluation process of the UNCRPD cannot be understated. It is not just vital but rather a requirement in the UN convention, and therefore funding must be ring-fenced for this and the various other functions to ensure compliance. Today is an opportunity for the Minister of State to outline to the people how those with lived experience will be resourced and facilitated to play a crucial role in monitoring the implementation of the convention in Ireland and that they will continue to be key constituents in monitoring of the convention into the future.

A major issue obstructing the ratification progress is the outstanding legislative provisions needed to see Ireland's full adherence to the convention. Looking closely, it is shocking to see just how far behind we are in the ratification process despite the announcement today. Most of the so-called "roadmap to ratification" requirements are still outstanding three years later. It appears we have quite an extensive list of breaches to the convention in current legislation and outstanding legislation is required to bring Ireland in line with articles of the convention. Examples of current breaches include elements of recent Bills dealing with sexual offences and assisted decision-making, as well as the wards of court mechanism and the lack of funding for the decision support service. Outstanding legislation includes the miscellaneous provisions disability Bill, which I spoke on over a year ago but has not yet been enacted. That relates to Article 5 of the convention. Legislation relating to deprivation of liberty safeguards is only at the heads stage, and it is required for Article 14 compliance.

The overall picture presents us with a strange dichotomy. On the one hand we have the Government announcing Ireland's ratification of the convention but, on the other, it has failed to carry out the necessary requirements for Ireland's adherence to its articles. This means that Ireland has been told a lie for 11 years, with the usual Government spiel that it could not possibly ratify upon signing the convention because our legislation was not in order. Here we stand today with our legislation still not in order, yet we are claiming victory for ratification. I understand why the Minister has done this but this will require further observance so we follow through. Why did we not ratify 11 years ago and use this as motivation for the Government to get the legislative requirements pushed forward on a timely basis? This may have at least given the Government a bit of a kick in getting its act together in this regard. This Government needs to start being honest with itself and with people with disabilities. We need commitments today, not a masked public relations stunt that could endanger the momentum for legislative change.

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