Human Rights in Ireland

Yesterday afternoon, the Minister for Social Protection, Éamon Ó Cuív, announced the introduction of a new National Advocacy Service for people with disabilities, to be launched in January 2011 (press release here). This service will provide independent, representative advocacy for people with disabilities who seek to enforce their legal entitlements to services. The Minister’s announcement follows the recommendations of the Evaluation Report (which examined the success of the pilot advocacy programme funded by the Citizens Information Board since 2005) published last June. The Report, which I blogged about here, clearly indicated the need for such a National Advocacy Service to be established, as the 46 pilot projects funded in 2005 were being wound down by the end of 2010. Minister Ó Cuív announced that the National Advocacy Service will be developed at regional level to replace these pilot projects, with five reional advocacy teams being managed by Citizens Information Services in Dublin, Westmeath, Offaly, Waterford and Leitrim.

The Evaluation Report argued strongly for the introduction of a National Advocacy Service which would combine elements of the existing pilot projects (community and voluntary advocacy organisations) with the legislative powers of the Personal Advocacy Service (PAS) envisaged in the Citizens Information Act. The introduction of the PAS was put on hold by the then Minister for Social and Family Affairs, Mary Hanafin, in July 2008, due to budgetary concerns about the cost of implementing this service. Minister Ó Cuív’s announcement yesterday stated: “The new Service will be undertaken within current resources, providing a more integrated service and achieving better value for money.” This decision to support advocacy may be linked to government strategies to move people with disabilities out of congregated settings and into the community (relating closely to the work of many community and voluntary advocates), on the basis that independent living, if provided with the correct supports, can be more cost-effective than institutional care, as well as more empowering for individuals with disabilities.

A number of issues remain to be resolved in the establishment of the National Advocacy Service. The first is the delegation of statutory powers as envisaged in the PAS. The Evaluation Report clearly stated that “without the availability of these powers, advocates may not be able to gain access to clients in residential centres, may not have sight of documents and files and may not be able to provide full representation and/or support to vulnerable people who are involved in official processes or who wish to take a serious complaint against a service provider.” The report recommended that PAS powers would be given to senior advocates within the each region of the National Advocacy Service. Minister Ó Cuív’s announcement did not state whether this would in fact be the case – and how the use of such powers would be authorised; however, since these powers are so crucial to the success of the National Advocacy Service, this issue should be addressed as soon as possible.

Also, while the availability of independent representative advocacy is key in supporting people with disabilities to exercise their rights, there are many other forms of advocacy which had been used successfully in the pilot programmes to build confidence and empower people with disabilities. These include supporting people with disabilities to become self advocates – an initiative in which Inclusion Ireland has played an important role. Citizen advocacy and peer advocacy programmes were also used to great effect (especially for people with intellectual disabilities and mental health difficulties). Since yesterday’s announcement focuses solely on representative advocacy, it is not clear what role these other forms of advocacy will play in the new National Advocacy Service, and this should be given careful consideration.

Finally, it is worth considering the kind of role which the National Advocacy Service could play in providing a less restrictive alternative to the imposition of guardianship or substitute decision-making. The Mental Capacity Bill developed by the Department of Justice and Law Reform was due to be brought forward in the previous legislative session and is expected to be published soon – and this should refer to the need for advocates to be considered as a first response when an application for adult guardianship is made. Experience in other jurisdictions (particularly the Australian State of Victoria) has demonstrated that the use of advocates with statutory powers at an early stage in guardianship proceedings can reduce the need for a guardian to be appointed – thus preserving the autonomy of the individual and providing an additional safeguard in determinations of legal capacity. This approach also fits with the government’s desire to find cost-effective solutions which enhance the independence of people with disabilities.

In conclusion, this announcement is welcome as it demonstrates the State’s willingness to provide concrete support to people with disabilities in exercising their legal rights. It also brings Ireland a step closer to ratifying the UN Convention on the Rights of People with Disabilities. In that spirit, the structure and operation of the proposed National Advocacy Service should echo the principles of that Convention, by respecting the autonomy of the individual and ensuring that equal access to justice is available to people with disabilities.

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• July 13, 2010 -- Evaluation Report on Advocacy Services for People with Disabilities in Ireland (1)
• March 20, 2012 -- European Parliament Recently Hosted International Seminar on Genetic Discrimination (0)