There has been scandal after scandal at CHI. There were inappropriate spring implants, possibly hundreds of unnecessary hip surgeries and now a scathing leaked report of an examination of a clinical department at Crumlin hospital. The report has raised exceptionally serious concerns and it follows the Boston review, the HIQA review into unauthorised springs and the hip dysplasia audit. We would not know about the first two reports if it were not for whistleblowers who came forward, and the third report was released…

There are still 226 children waiting on spinal surgery. Of these, 34 children have been waiting longer than six months. There are also many more who were removed from waiting lists because they were left for so long that they have become inoperable. One of these is a young lad called Mikey. He is from Mayo and is aged 16. He has severe scoliosis. Last September Mikey's parents were told by CHI that he is not fit for surgical intervention. The letter did not indicate any pathway for Mikey. His parents have asked man…

I thank my colleague for tabling this question. We recently had CHI and the HSE in the committee on this issue. In the Gallery were representatives of the hip dysplasia advocacy group. Afterwards, I met one of those dads in the car park, a young dad and an awful nice guy. He was in a ball of tears. I do not know this man. I had never met him before and he had never met me. That is the level of distress these parents are under - crying to a perfect stranger in the car park of Leinster House. It is not something I ev…

I cannot fail to take the opportunity to speak further on the issue I raised with the Minister at committee yesterday around the emergency supply scheme, where somebody from a virtual clinic, or leaving as a previous inpatient of a hospital, has 24 hours to get to their GP if they are a medical card holder and will receive only a seven-day supply of medication. There is a very real opportunity for our pharmacists to be more involved in this scheme. It is absolutely bonkers, to be quite frank, that you would have on…

I concur with the Minister. The two previous items finished earlier and with respect to everybody in the House who wants to make a contribution, a couple of minutes' pause is warranted.

I am not sure whether this was a genuine oversight, but amendment No. 140's subsection (3)(a) references "A responsible consultant psychiatrist". However, under the section of the interpretation No. 2, in the Bill in the area that deals with discharge No. 4 under No. 41, refusal of treatment No. 50, section 91, it also refers to the multidisciplinary team-----

I am discussing amendment No. 140.

My apologies. For once, I am ahead of schedule.

I am unsure if this is a genuine error. Under amendment 140, section 47(3)(a) references "A responsible consultant psychiatrist may extend an initial treatment period". However, under section 2 on interpretations, the area that deals with discharge under section 41, refusal of treatment under section 50, where the Bill proceeds to speak about children - section 91 under care plans - and sections 180, 181 and 197, it also references multidisciplinary teams. I wonder why it is not included here, also. Is there a reas…

I will raise the matter again as we get to other sections of the Bill.

I move amendment No. 145: In page 60, between lines 14 and 15, to insert the following: “Safeguards for Treatment Without Consent 48. (1) No person shall be administered treatment without their consent unless a formal capacity assessment has been completed and the person has been found to lack the capacity to consent to the treatment in question, in accordance with the provisions of the Assisted Decision-Making (Capacity) Act 2015. (2) An exception to subsection (1) shall apply only in circumstances of emergency, w…

I move amendment No. 146: In page 60, line 17, to delete “unless” and substitute “except after having considered all viable alternatives and”.

I will speak on amendments Nos. 148 and 149. Amendment No. 148 sought to provide legal consistency throughout the Bill. The amendment sought to tie the provision directly to the safeguards already outlined in section 56, ensuring consistency and coherence throughout the legislation. It also sought to strengthen patient protections by explicitly linking actions to sections. It reinforces that any application of treatment must follow the existing rights-based procedures and conditions already established in said sect…

I move amendment No. 148: In page 63, line 30, after “applied” to insert “in accordance with section 56 and”.

I move amendment No. 149: In page 63, lines 30 and 31, to delete “in the care of” and substitute “present in”.

I want to put on record my real disappointment that our proposed amendment No. 157 was ruled out of order. This was raised last Wednesday when we were here. Not only is it a missed opportunity to ensure this legislation is compliant with the requirements of the UN Committee on the Rights of the Child, but it is a breach of children's rights under the UN Convention on the Rights of the Child to place them in an institutional setting not tailored to their needs or capable of safeguarding their welfare. It is grossly …

I move amendment No. 185: In page 88, line 31, to delete “without” and substitute “except after having considered all viable alternatives and with”. This amendment strengthens the rights of individuals receiving mental health treatment by tightening the conditions under which treatment can proceed without consent. It seeks to remove the vague and overly permissive word "without" which currently allows for treatment without consent without requiring any prior effort to explore less invasive or more rights-respecting…

I accept the Minister of State's bona fides on this. It is something on which we have an obligation and we have a moral obligation that we should get this right. It is a rather vulnerable age group at the best of times before a young person needs a form of care, be it medical or mental health-related. I am willing to meet the Minister of State halfway on this and try to find a way we can get the best possible lines in this Bill. None of us want to be back doing this legislation again in a few years because somethin…

I move amendment No. 186: In page 89, line 11, to delete “may provide for any or all of” and substitute “shall provide for”.

I move amendment No. 188: In page 89, between lines 29 and 30, to insert: “(i) the provision of informed consent from a person to whom ECT shall be administered;”.