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

The amendments in this grouping all relate to the care and treatment of children. Amendments Nos. 7, 14, 15, 33 and 38 all relate to definitions. The later amendments in this grouping insert these definitions later in the Bill. Amendment No. 14 inserts a new definition of "guardian" to ensure consistency with the understanding of "guardian" in other enactments. Amendment No. 15 inserts a definition of "guardian ad litem " to be consistent with the Child Care (Amendment) Act 2022. Amendments Nos. 33 and 38 insert definitions for "relevant carer", "relevant consulted carer" and "relevant notified carer". These amendments were introduced on Report Stage in the Seanad following further consultation between officials in my Department and the Department of children. That Department sought additional minor amendments, primarily related to the rights of Tusla to be notified of certain actions such as admission and discharge when a child is in the care of Tusla.
Another goal of these amendments is to make the Bill more readable. The Mental Health Act and the Child Care Act are complex and officials in the Office of the Parliamentary Counsel and my Department have worked hard to streamline the references to the Child Care Act in this Bill. As Deputies can see, the amendments will introduce three definitions at the start of the Bill that set out the different roles and entitlements of parents, guardians and Tusla regarding children, depending on the age of the child and his or her admission status. Then, throughout Part 4 of the Bill, those definitions are used as a shorthand instead of spelling out each type of Child Care Act order or arrangement it refers to in longhand each time. The three definitions are "relevant carer", "relevant consulted carer" and "relevant notified carer".
While I appreciate that these amendments are complex on the face of it, they are necessary to ensure that all of the complexities between this Bill and the Child Care Act are understood and addressed. This Bill has to work for children in all settings, which is really important. That includes children who are subject to different orders and arrangements under the Child Care Act. These amendments ensure that the role of parents and the role of Tusla are fully understood in the Bill and that the rights and entitlements of parents and Tusla are recognised.

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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