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January 2017 NUI Galway Welcomes Disabilities (Miscellaneous Provisions) Bill 2016
NUI Galway’s Centre for Disability Law and Policy has welcomed the publication of the Disabilities (Miscellaneous Provisions) Bill 2016. The Bill has been identified by Government as one of the final steps towards Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities. Ireland signed the Convention in 2008 and has committed to ratify once reforms to bring our laws into conformity with the Convention have been introduced.
Eilionoir Flynn, Centre for Disability Law and Policy, NUI Galway, said: “The Bill will introduce long-overdue reform in the areas of access to goods and services, jury service, electoral laws, and will establish national implementation and monitoring mechanisms for the Convention in Ireland. While the majority of the proposed provisions are to be welcomed, some serious human rights concerns remain.”
The Explanatory Memorandum of the Bill states that several key amendments, including those on deprivation of liberty of persons with disabilities will be introduced at Committee stage. These are key human rights issue for people with disabilities, mental health service users and older people; yet to date there has been no public consultation with these communities about the proposed legal changes.
Jim Walsh of the Irish Advocacy Network said: “The fact that amendments are only being brought at Committee stage means that there will be less opportunity to debate the provisions. We call on the Department of Health and the Department of Justice to immediately publish their proposals for legal reform in this area and to engage in a meaningful consultation with those who will be directly affected by this part of the law.”
The Bill makes important efforts to change jury service laws to eliminate disability-based discrimination which has led to many people (including members of the deaf community and people with learning disabilities) being deemed ineligible for jury service. However, the proposed wording would disqualify ‘a person who does not, in the opinion of the court, have sufficient mental or intellectual capacity to serve as a juror.’ Fiona Walsh, Recovery Experts by Experience, said: “A more human rights-compliant approach would be to disqualify a person who does not, in the opinion of the court, have the ability to perform the functions required of a juror, following the provision of reasonable accommodation.”
The Bill designates the Irish Human Rights and Equality Commission to monitor the implementation of the Convention in Ireland and provides for the creation of an advisory committee, of which half would be members with disabilities, to guide the Commission in this work. Sarah Lennon, Inclusion Ireland, said: “We are concerned that the Bill does not provide any additional funding to the Commission to carry out this work. Further, in light of the principle of ‘Nothing About Us Without Us’ which guided the negotiation of the Convention, we urge the Department of Justice to reconsider making lived experience of disability or mental health services a requirement for all members of this advisory committee and not just half.”
It is critical that Ireland fulfils its commitment to ratify the Convention as soon as possible. Given Ireland’s length process to prepare for ratification, it should be possible to ratify without entering significant reservations and declarations.
Maria Walls, a PhD Scholar at NUI Galway said: “We are gravely concerned that the Department of Justice propose to enter reservations or declarations on Articles 12 and 14 relating to equal recognition before the law and liberty. These articles are core to the spirit and purpose of the Convention and we urge the government to commit to their full implementation in line with the guidance provided by the UN Committee on the Rights of Persons with Disabilities.”