The government has said they are preparing to ratify a “transformative” protocol on disability rights.
Ministers have been pressed to ratify the optional UN proposal on disabilities as some people express reservations about the referendum on care.
Speaking during Leaders’ Questions, Social Democrats leader Holly Cairns said that the State’s “neglect” towards the 22 per cent of the population with a disability was “ruining lives” and that there was distrust in the government on disability issues.
The Cork TD asked that the government ratify the optional protocol of the UN Convention on the Rights of People with Disabilities, which she said could be “transformative”.
“In 2018 the government ratified the Convention, but for six years, it has refused to sign the part which means the government can be held to account for failing to allow people to exercise their rights. It is disgraceful.”
She said the Taoiseach Leo Varadkar outlined last week his commitment to signing the protocol during the current government’s term.
Mr Varadkar told the Dáil last Wednesday that he had spoken to Minister of State Anne Rabbitte and Attorney General Rossa Fanning about the issue.
He said he was not satisfied with the reasons that it had not yet been done.
On Tuesday, Public Expenditure Minister Paschal Donohoe reiterated the government’s commitment to ratifying the protocol.
“We had originally planned to progress ratification of the original protocol after the conclusion of our first progress review within the existing convention,” he said in response to Ms Cairns.
“That was impossible, I understand because the UN’s own cycle of reviews was delayed post-Covid. And the government has already indicated and I want to do so again here today, an openness to earlier ratification.
“Work is continuing to get us ready for that point. In August of last year, the Department of Children, Equality, Disability, Integration and Youth commissioned external legal counsel to scope out the kind of legal reform and change that is needed to allow for Ireland to side up to the optional protocol and to look at what domestic remedies and processes need to be in place to allow those to vindicate their rights when this protocol is in place.
“I know that the Department of Children will receive the scoping report in relation to this very, very shortly.
“And then after that, Minister O’Gorman intends to bring a memorandum to government, and by memorandum, I mean a proposal, regarding how we can move this forward outlining the kind of changes that are needed.”
The Dáil also heard that some disabled people and carers have reservations about the wording of the carers amendment in the upcoming referendum.
The March 8th proposal would remove articles in the constitution that reference a woman’s “life within the home” and mothers’ “duties in the home”, and replace them with a statement that the State “shall strive to support” family carers.
TD Richard Boyd Barrett said People Before Profit were “distinctly unenthusiastically” advocating for a Yes vote on the care amendment.
“I can tell you many people with disabilities who would otherwise have voted Yes are seriously considering voting No on the care referendum because of the pathetic failure to put in clear constitutional commitments to rights for people with disabilities.”
Ms Cairns said that many disabled people and their carers “feel forgotten and abandoned” by the referendum, but would also advocate for a Yes vote.
“Because ultimately, we’ve been left with a choice between leaving misogynistic language in the Constitution or replacing it with language that is an improvement but should have gone so much further.”The new wording is better than the old, and unfortunately, that is all we have an opportunity to vote on.
“I know that there are people who disagree and are hurt by our decision and I want to acknowledge that, and I want to tell those people that I’m listening.”
Mr Donohoe has said that the proposed constitutional change would improve the constitution and bring it “in line with the values and with the reality of modern Ireland”.
