UN disability committee member calls for O'Gorman to clarify Dáil remarks

Minister for Children, Equality, Disability, Integration and Youth Roderic O'Gorman has been asked by a UN disability committee member to clarify remarks made in the Dáil. Buildings, Dublin. Picture: Sam Boal/Rollingnews.ie

A UN committee vice chair has written to Children’s Minister Roderic O’Gorman calling for a clarification of his comments which he says were misinterpreted in the Dáil.

Jonas Ruskus, who is a member of the UN's Committee on the Rights of Persons with Disabilities, said he had became aware of a statement made by Mr O'Gorman in the Dáil during which he referred to remarks he made on Ireland's Assisted Decision-Making (Capacity) Act.

"I am concerned that my remarks [at the World Congress of Adult Capacity] in Edinburgh are being misinterpreted and wish to correct the record," Professor Ruskus wrote.

"I acknowledge that Ireland has taken important steps forward and introduced some forms of supported decision-making, so that's why I congratulated Ireland at the Congress, but I do not consider Ireland to be fully compliant with Article 12 of the UN Convention on the Rights of Persons with Disabilities," he wrote in his letter to the minister.

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Mr Ruskus also called on Mr O'Gorman to change the proposed act and to "take this historic opportunity for Ireland to lead the world in showing how human rights-compliant capacity law can be developed, by abolishing the functional test of mental capacity."

During a recent debate on the act, opposition TDs raised deep concerns about new laws aimed at ending the system of wardship and replacing it with a new assisted decision-making process.

TDs warned that older people could have access to their bank accounts stopped by a teller, under the “terrifying” new legislation, which opposition politicians say is being rushed by the Government.

Social Democrats TD Holly Cairns  said the functional test of mental capacity has been found to be contrary to the UN Convention by the UN Committee on the Rights of Persons with Disabilities because it is an unreliable and subjective method of assessment.

Holly Cairns TD said Minister O'Gorman 'cannot claim that he is unaware of how problematic this provision is'. Picture: Stephen Collins/Collins Photos

“The minister attempted to dispute this reality when he claimed, in the Dáil, that the vice chair of the UN committee, Professor Jonas Ruskus, had endorsed the Government’s legislation.

“Embarrassingly for the minister, Prof Ruskus has now reiterated, in unequivocal terms, that Ireland will remain in breach of its obligations under the UNCRPD as long as this functional test remains part of the bill," she said.

“The minister cannot claim that he is unaware of how problematic this provision is, given Professor Ruskus has written to him to outline his concerns in no uncertain terms. 

The Dáil record must now be corrected, and the legislation must be amended accordingly.

A spokesperson confirmed that Mr O'Gorman received a letter from Prof Ruskus and a response is being prepared.

"The minister can confirm that he was making a general reference to Mr Ruskus’ positive assessment rather than specifically to compliance with Article 12.

"The minister wishes to stress that this is an urgently needed legislative reform which will replace the archaic wards of court system with decision supports that will address the needs of vulnerable people with capacity difficulties," the spokesperson said.