Mental Health Bill 2024: Committee Stage (Resumed)
Seanad Éireann — 2026-01-22
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Mary Butler (FF), Waterford

I will speak generally about sections 59 and 60. Section 59 provides for the interpretation for Part 4 containing the definitions to be used solely in that Part. Section 60 provides for the application of the Child Care Act 1991 in certain circumstances, particularly in relation to children who are the subject of care orders under the 1991 Act. These amendments to section 60 build comprehensively on the text of the original Bill, inserting significantly more detail to ensure that the two enactments are appropriately aligned. The amendments also provide for the automatic appointment of guardians ad litem , which we discussed before, for any child who is going through court proceedings for involuntary admission under the Bill. This currently happens under the Mental Health Act 2001 and the amendments to the Bill ensure this practice will continue. A guardian ad litem represents the best interests of a child in court. The purposes of these amendments are to ensure that children who are the subject of a care order within the meaning of section 18 of the Child Care Act 1991 can access inpatient care and treatment under the Bill.
A section 18 order means that Tusla is the legal parent of the child, which means that Tusla has responsibility for making decisions on behalf of the child. A reference is also included to special care and interim special care orders. This reference will ensure that children who are in special care units can access inpatient mental health treatment. Such admissions are very rare, but these amendments ensure a pathway for such children is available when necessary.
The amendments include references to four different types of orders and arrangements under the Child Care Act, on the request of the Department of Children, Disability and Equality. These are interim care orders, voluntary care arrangements, supervision orders, and emergency care orders. In each of these cases, the parent of the child has custody, and not Tusla. The references to these orders and arrangements are primarily about ensuring that Tusla is notified when a child subject to these arrangements and orders is notified of admission, discharge, and other related matters.
Care orders and all other types of orders and arrangements under the Child Care Act 1991 are the responsibility of the Minister for Children, Disability and Equality. These amendments only relate to how those children access mental health treatment, and do not contain substantive changes to the Child Care Act 1991. I am only here to speak to how these orders interact with the new Mental Health Bill.
As I have just stated, in the case of care orders, the amendments to the Bill ensure that Tusla is appropriately referenced as the legal parent of the child and that it is Tusla who is giving parental consent to admission, treatment and discharge, as appropriate. Similarly, Tusla is the legal parent where a child is the subject of a special care order. The amendments to the Bill provide a legal basis for the admission of a child from a special care unit to an acute mental health setting. I know that Senator Boyhan raised this previously.
In the case of all other orders and arrangements, Tusla is not the legal parent so the amendments provide for notification to Tusla when a child who is subject to one of those orders or arrangements is admitted and discharged.
Even though these provisions affect a very small minority of children, a huge amount of care and work has gone into ensuring the appropriate alignment between this Bill and the Child Care Act 1991. I thank the Department of Children, Disability and Equality in relation to its interaction. As Members can see from the proposed amendment to section 60, it is very intricate and complicated and took a long time. Amendment No. 156 provides for a revised section 59, which sets out the interpretation provisions for Part 4 of the Bill. This amendment includes definitions of various types of orders under the Child Care Act 1991, including special care orders.
Amendments Nos. 157 to 159 replace the existing section 60 of the Bill. Section 60 provides for the interaction between the Bill and the Child Care Act 1991. A huge amount of work went into drafting this complicated section. This section ensures that children who are in the care system can access mental health services under this Bill. For example, where a child is the subject of a care order but needs to be admitted for inpatient mental health treatment, the amendments to the Bill ensure that the necessary safeguards are in place to allow such admission.
Amendment No.157 also provides for the automatic appointment of a guardian ad litem for all children who are involuntarily admitted, including children who are the subject of care orders and, importantly, those who are not. This is a very positive provision as it will ensure that the voice of the child and the child's best interests are expressed by the guardian ad litem .
Amendment No.159 inserts a new subsection 60(3) to reference children who are subject to special care orders and interim special care orders under the 1991 Act. The admission of a child who is the subject of a special care order is very rare and has only happened a handful of times. We must ensure, however, that adequate protections are in place for these children and this amendment does that.
I know I have said a lot here, but the bottom line in relation to these amendments is that they are necessary to ensure that children under the Child Care Act 1991 can be admitted to mental health settings and that there are appropriate legal safeguards in place for such admission, especially if they are in the care of Tusla.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-01-22/debate/main
Retrieved: 2026-08-14T04:54:32+00:00
Sitting date: 2026-01-22