Mental Health Bill 2024: Committee Stage (Resumed)
Seanad Éireann — 2026-01-28
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Mary Butler (FF), Waterford

In the first instance, I wish to speak to amendment No. 297. This amendment provides for a new section in relation to applications to the family District Court for treatment orders in certain circumstances. This is an important provision and is needed to ensure there is a substitute decision maker in place for children where there is an absence of consent or refusal. For example, an application may be made to the District Court to act as substitute decision maker on behalf of a child where the child is under 16 years of age or is over 16 and lacks capacity to consent or refuse treatment, and where there is either no legal parent of the child in place or where the parent is unable to or fails to make a decision to consent to or to refuse treatment. In such cases, the child would be admitted but there would be no one to make a decision on his or her behalf. Therefore, the child could not be treated or supported to make the care plan we spoke about.
This new section addresses this issue and ensures there are appropriate protections in place for the child and for the parent or guardian of that child. The District Court may act as a substitute decision maker for a limited period and only where there is an absence of consent. This provision cannot be used where there is a disagreement between the parents and the clinician on treatment, and that is really important.
This amendment is absolutely necessary and will ensure children with parents who are unable to consent are not disadvantaged. Officials in my Department discussed this provision with the HSE, including the HSE child and youth mental health office. In some cases, when a child is being involuntarily admitted, they will not be coming from the most stable home environment. Their parents may be dealing with mental health issues themselves, addiction or simply may not be in a position to make decisions about treatment on behalf of their child. The section is being introduced to ensure that, in some cases, children can still be treated.
As I said, this was an issue raised with us. To clarify, it is the District Court which may act as the substitute decision maker for that limited period and only where there is an absence of consent. If the young person can give consent, it does not apply.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-01-28/debate/main
Retrieved: 2026-08-14T04:54:33+00:00
Sitting date: 2026-01-28