UK Parliament / Open data

European Communities (Definition of Treaties) (United Nations Convention on the Rights of Persons with Disabilities) Order 2009

I shall certainly take that away and raise it with colleagues to see whether we can do more on that front. I can see that that would be helpful. I wish to pick up on the point that several noble Lords raised about whether new rights derive from the convention. The convention sets out what was considered by those negotiating it to be a list of existing rights applying to disabled people. These are general rights and the convention allows for those ratifying it to take into account provisions in their own legal systems, so long as in doing so, as I said a moment ago, they do not defeat the object and purpose of the convention. Therefore, national differences can be accommodated. Issues were raised about consultation, particularly by the noble Baroness, Lady Campbell. I say to the noble Baroness, Lady Thomas, that we are not ashamed of these reservations. We have tried to explain their purpose. There is no hidden agenda here. However, I recognise that many groups with whom we have worked actively and fully are disappointed, which is a shame. It has been suggested that the Government should have consulted more about their proposals and that they should have consulted on the justifications for and precise terms of the reservations and interpretative declaration that they propose. However, the Government made clear in May 2008 that at that time they were considering reservations and/or interpretative declarations in respect of service in the Armed Forces, education and immigration, and were continuing to explore whether there were any compatibility issues that might result in the need for an interpretative declaration or reservations in respect of measures relating to the exercise of legal capacity, aspects of mental health legislation or choice of place of residence, and interpretative measures in respect of cultural services. A further update on the position was provided in the response to correspondence from the Joint Committee on Human Rights in the autumn and in the Minister for Disabled People and the South East’s evidence to the Joint Committee on Human Rights in November 2008. Ministers and officials have had meetings with a number of stakeholders. The Explanatory Memorandum on the convention, laid before Parliament on 3 March, provided a detailed explanation of our proposals for ratification and the rationale behind those proposals. This information was circulated widely, and this and other information has been placed on the website of the Office for Disability Issues. Information has therefore been in the public domain for some considerable time. Looking forward, the Government recognise that it is essential that disabled people and their organisations are involved in the future implementation of the convention—for example, through participation in the monitoring and reporting processes that will be developed. The noble Lord, Lord Skelmersdale, asked what we were doing to promote the convention around the world. The UK is active, both at home and abroad, in promoting the convention. Overseas the FCO supports local NGOs to promote awareness of the issues covered by the convention and is supporting the work of the Council of Europe in promoting the UN convention among member countries that have not yet signed and ratified. The Department for International Development has made positive efforts to integrate disability into development practice and has, for example, provided country office staff with practical advice on how to engage with disabled people as part of poverty reduction efforts. I am conscious that there are probably some issues that I have not fully covered but I think we have a process going forward to pick those up. I assure noble Lords that we will consider the views that have been expressed today, together with those expressed by the JCHR and others, before we make a final decision on how to proceed to ratification. Specification of the convention is a step that moves us closer to ratification, and ratification is the immediate objective and the end of a detailed process. Equally importantly, it will be a beginning of the implementation of this important convention when it comes into force within the UK. I look forward to us embarking on that journey. Motion agreed.
Type
Proceeding contribution
Reference
710 c48-50GC 
Session
2008-09
Chamber / Committee
House of Lords Grand Committee
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