Mental Health Bill 2024: From the Seanad
Dail Éireann — 2026-04-29
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Mary Butler (FF), Waterford

This grouping relates to amendments Nos. 4 and 8, which relate to the definition of "child". The policy behind the definition is not being changed. A child is a person who is under 18 years of age. There is no law in Ireland that defines a child as being younger than 18 years of age. A child is legally considered to be anyone under the age of 18. I am aware that, depending on the type of health service accessed, young people are sometimes considered to be adults from the age of 16 or 18. This Bill only relates to mental health services and, in mental health services, a young person is treated by Child and Adolescent Mental Health Services, CAMHS, until the age of 18. This is how it is defined in the law and how it operates in services.
An important aspect of the Bill is that 16- and 17-year-olds will be permitted to make decisions about their care and treatment, in the same way as for physical health treatment.
Any person younger than 16 years old must have their views listened to and considered but, ultimately, it is the decision of any child's parents or guardian as to whether treatment is given. This is true of any area of healthcare, not just mental health. Where a 16- or 17-year-old is unable to consent to treatment, consent can be given by their parents or guardian.
The Bill sets out the different responsibilities and entitlements of young people and their parents or guardians in great detail in Part 4. The Bill contains mechanisms to ensure that treatment can be given to a child where the child refuses treatment or treatment is refused on the child's behalf by way of application to the court. This can only be done where the child's life or health is at immediate or serious risk. It ensures that treatment pathways will remain open for children and young people who are very unwell and at immediate risk of serious damage to their health or loss of life.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-04-29/debate/main
Retrieved: 2026-09-21T01:01:08+00:00
Sitting date: 2026-04-29