Mental Health Bill 2024: Committee Stage (Resumed)
Seanad Éireann — 2025-12-09
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Sarah O'Reilly (AON), Agricultural Panel

I am concerned about this group of amendments, which relate to children who the subject of care orders. We are speaking about some of the most vulnerable children in the State. We know they may be admitted to acute mental hospital units without having the capacity to consent to this and often without anyone truly speaking for them.
The Government amendments acknowledge the role of guardians ad litem but they require notification only if they have already been appointed. Should it not be the case that guardians ad litem would always be made available in these circumstances? Otherwise, who exactly is advocating for a child's wishes when they face admission to an acute unit? Children in care, especially those aged over 16 who are deemed to have less capacity, are at exceptional risk of having their voices lost in the system. There must be guaranteed access to independent advocates. How often is capacity assessed? What protections are in place to ensure their capacity is supported rather than assumed to be absent? These children deserve the strongest possible safeguards.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2025-12-09/debate/main
Retrieved: 2026-08-14T04:54:26+00:00
Sitting date: 2025-12-09