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Updated 2.10pm
NINE YEARS AFTER Ireland signed a UN convention that would strengthen the rights of people with disabilities, it has finally taken major steps towards ratifying it.
The Convention on the Rights of Persons with Disabilities (UN CRPD) was signed in 2007. However, up until now Ireland has been one of the few EU member states not to have ratified the convention – that is, make the convention officially valid.
It has now been announced by the Tánaiste Frances Fitzgerald and Minister of State for Disability Finian McGrath that the Government has approved the Disability (Miscellaneous Provisions) Bill 2016, which will enable ratification by Ireland of the UN CRPD.
The primary purpose of the Bill is to address the remaining legislative barriers to Ireland’s ratification of the UN Convention on the Rights of Person with Disabilities (UN CRPD).
The Tánaiste pointed out that Ireland signed the Convention in 2007, adding: “since then, successive Governments have emphasised Ireland’s commitment to proceed to ratification as quickly as possible, however there is also the need to ensure all necessary legislative requirements under the Convention are met. This bill will address those requirements.”
Minister McGrath said that “considerable progress” has already been made to overcoming the barriers to Ireland’s ratification of the Convention.
Speaking to TheJournal.ie, he said that he was “very disappointed” that he didn’t reach his stated target of ratifying the convention by the end of 2016. “I genuinely didn’t realise how complicated it was going to be,” he said, explaining that legislation and legislative amendments are and will be needed before it can be ratified.
McGrath said that he accepted that successive governments have “ignored this issue” of the ratification of the UN CRPD. “That’s why I got it stitched into the Programme for Government,” said the TD, who is a disability rights campaigner and has a daughter with an intellectual disability.
“I regret the fact that I told people I would have it done by the end of 2016,” he said.
We’ve done a lot of work over the last two to three weeks.
He said he hoped to move forward with it in the new year, but is “not going to say a particular date in 2017 because I don’t want to mislead people”.
He said he has met nearly 4,000 people since he took up the junior ministry role and that this year over €1.6bn has been put into disability service.
“There’s been a lot of examples of bad practice in the disability sector over the last 12 months,” said McGrath, who said he has set up procedures to deal with safeguarding vulnerable people, as well as a taskforce to oversee their implementation.
“We have moved forward a lot,” he said. McGrath said that there has been good news for people with disabilities in 2016, with extra funding and supports becoming available under the HSE service plan.
Strengthening rights
The government explained that UN CRPD provides that ‘reasonable accommodation’ (such as practical help with accessing a service) be provided for people with disabilities in the areas of employment and provision of services.
The Bill will strengthen the rights of people with disabilities in that regards in relation to public services and services provided by commercial bodies whose activities are regulated for quality service, viz. banks, insurance companies, telecommunications and transport providers, and credit unions.
A government roadmap for ratification was published in October 2016, which set out a number of other issues.
Yesterday, it was announced that these will be progressed as committee stage amendments.
According to a government statement:
The most important of these is the need for legislative clarity, in relation to residential care facilities, on who has statutory responsibility for a decision that a patient should not leave for health and safety reasons, and what appeals process should be in place.
The absence of a statutory provision in relation to deprivation of liberty issues in such cases means that Ireland cannot comply with the UN CRPD standard that any deprivation of liberty is in conformity with the law. The Department of Health is working on proposals to address this issue.
The Bill will be published in the coming days and it is hope ratification will be swift.
Among the provisions of the new Bill is an amendment of the Juries Act 1976 so that a person who is deaf won’t be ineligible for jury service because of the reason that they require the services of a sign language interpreter.
In addition, the existing prohibition on a person who has a mental illness or disability, and is receiving medical treatment or is resident in a hospital or similar institution, from serving as a juror will change. This is to be replaced with a functional capacity test “which will provide that a person must have the mental and intellectual capacity to serve as a juror”.
Also, there will be an amendment of the Electoral Act 1992 to repeal the prohibition on a person of ‘unsound mind’ from standing for election to the Dáil. This also means the removal of the disqualifications for membership of the Seanad and for election to the European Parliament.
The National Disability Authority (NDA) and the Irish Human Rights and Equality Commission will have formal roles as part of Ireland’s national monitoring mechanism for the Convention.
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Ah here. A month to put up a few temporary bus stops ? The gravy train keeps chugging along…
@Brian: they are just putting in the infrastructure for the housing estates they are going to build in the park in years to come … The FF/SF coalition in the next government will solve the housing crisis….
An exclusive park, while removing parking may single handedly solve the world’s climate crisis it also hinders those who do not live within walking distance from using the park and it’s amenities with future bus facilities only benefiting certain parts of the city. The OPW must have met up with DCC for pints before implementing their strategy.
@The Green Monkey: I live on the other side of the city and traffic is always nuts around the park so if I want to go there I go to city centre and take a bus, or I cycle there. I don’t expect to be able to drive and park wherever I want, you should adopt a similar attitude.
@eoin fitzpatrick: No i disagree. I drive there from approx 5km away and bring my dogs. Am i not entitled to? I can’t bring them on a bike or bus. I’ve been going there for almost 50 years. Why am I punished? I thought the park was for everyone?
@Lilly Lalogue: so go somewhere else? Anyway plenty of parking there
@Lilly Lalogue: dogs are permitted on local buses in the UK and even welcomed.
@Pat Redmond: That’s not much help to people here! On the other hand, I’ve met Irish senior citizens on buses because they can stay warmer in winter on a bus.
@eoin fitzpatrick: stay classy.
@Lilly Lalogue: where does it say you can’t bring your car?
@eoin fitzpatrick: Go somewhere else ? Why should I? Im a good decent hard working person and The Phoenix park is a great place to get away from the stresses of my job in a hospital where i work long long hours. Why should I be deprived? Am i less worthy than a cyclist? The park is huge and allows space to not deal with large groups of people.
@Lilly Lalogue: it’s not for absolutely everyone . For those who comply with the rules . Are there no greens or park within your area to take your dog ? 5 and 10 Km walks aren’t that much once a week , but I suppose you will have an excuse for that Too
@Christy Dolan: Aww, so because it’s 5km away i need to be only walking my dogs in parks closest to me? I use this park to get away from the stresses of work and it’s easier to remove myself from people. And the park is for absolutely everyone, to say otherwise is discrimination. Who’s not entitled to the phoenix park?
A month to put up “temporary” bus stops?
Should be made permanment
Bet ye the first bus that goes through there clatters a Dear ,, then back to the expensive drawing board
@Trent: lol. World class naysaying.
@Trent: oh dear.
@Louis Jacob: go back to eating your biscuits,,, Jacob’s
@Trent: clatters a dear what?
More bus stops, more traffic lights equal more traffic equal bigger gridlocks. this gov is determined to make people so fed up with traffic that they will get rid of their cars and rely on public transport instead, this election can’t come sooner.
If a counsellor from the Green Party is delighted, then you can be sure there’s a cunning and devious plan being hatched.
It’s all about exclusivity. Driving through the Park recently confirms my view. The lack of walkers was blatant evidence of pandering to the lucky few living within walking distance. Congratulations OPW ,fixing something that wasn’t broken.
is this a old stock photo? there are segregated cycle lanes on this road. no need to use the footpath
@no no no: It’s literally captioned as a file photo.
@Ajax Penumbra: Journal needs to update their file access
@no no no: That does no tmatter they cycle wherever they want. As usual!
I wouldnt bother if the only option is a bus. I have better things to do with my time.
@John Durr: you’ll be dearly missed
@eoin fitzpatrick: Why can’t you be nice. All your comments appear to be nasty to anyone that doesn’t agree with you.
@John Durr: gutted….
@Donal Ronan: I haven’t disagreed with anyone but I’m sick of entitled motorists whingeing when people are trying to improve public transport, it has held the city back for long enough
@eoin fitzpatrick: Big bad entitled motorists! Awww, i mean there’s murderers and people committing serious crimes but it’s the car driver, who is working hard, paying their taxes, contributing to society, and having to drive due to long hours and rubbish transport that are the problem!? Wake up. If we’ve to accept all that’s being done for cyclists then cyclists can accept that people NEED and yes are ENTITLED to drive.
There’ll be one stop, outside the Zoo ,, wanna see the rest of the park ,, walk that’s why it’s there
Shambles
It is a joke and when the traffic intop and out of town for large parts of the northwest of the city and country.. Ask the councillor to come down and sort it out. Also the rise in polution will be horrific as has been seen in Lodon where they have done siimlar.They take half an idea from one place, Copenhagen or Holland usually and add it to anothe idea fron the UK or the USA and tell people it will work. In one wy they are right, it works for them for the 40 min a day they need it too. However it screws up the roads and access includingh the safety of everyone else.
Can someone do something about those bloody squirrels? My dog just keeps getting darned distracted and just won’t come back when called. Maybe a good auld cull?
@Duvvy B: MAybe better training of the dog and the human is required!! LOL
@Gary Kearney: My dog is exemplary and so am I. It’s those bloody squirrels and deer!
@Duvvy B: Try some training classes to improve his recall. Also, offer him treats for coming back when you whistle. He’ll get there.
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