148. Deputy Colm Keaveney asked the Minister for Justice and Equality the legal advice given regarding Article 27 of the United Nations Convention on the Rights of Persons with Disabilities that necessitates a reservation, as signalled in her Department's roadmap to ratification of the convention; and if she will make a statement on the matter. [42003/15]
Minister of State at the Department of Justice and Equality (Deputy Aodhán Ó Ríordáin): Article 27(1) of the UN Convention on the Rights of Persons with Disabilities prohibits:
“...discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions;”.
“Member States may provide that this Directive, in so far as it relates to discrimination on the grounds of disability and age, shall not apply to the armed forces.”
“In relation to discrimination on the age ground or the disability ground, nothing in this Part or Part II applies to employment—
(a) in the Defence Forces,
(b) in the Garda Síochána, or
(c) in the prison service.”
It is therefore proposed that Ireland follow suit and enter a reservation to Article 27(1) in relation to employment in the Defence Forces, in An Garda Síochána, and in the prison service, as provided in section 37(6) of the Employment Equality Act.