Clare Daly (Dublin North, Socialist Party)
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Question 147: To ask the Minister for Health and Children if he will explain the inconsistent position applied to separated parents in the staff guidelines in relation to obtaining consent for children and young people as used by three children's hospitals in Dublin, the Health Service Executive document Legal Aspects of Immunisation and Staff Guidelines for Obtaining Consent for Non-Emergency Treatment and Services from Parents of Children and Young People Under the Age of 18 Years; if he will indicate which is the correct approach; and the way he intends to ensure that this is implemented. [12260/11]

Clare Daly (Dublin North, Socialist Party)
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Question 150: To ask the Minister for Health and Children the measures being taken to encourage the physical and legal relationships between children and their fathers with whom they do not live, in view of the recent Equality Tribunal cases which show these relationships being undermined by medical and educational establishments. [12266/11]

Clare Daly (Dublin North, Socialist Party)
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Question 151: To ask the Minister for Health and Children the steps he will take to ensure that the children of separated parents have their right respected to have both parents act jointly on their behalf in cases in which parental consent is required, in accordance with Articles 2.1 and 2.2 of the Convention on the Rights of the Child, and section 6.1 of the Guardianship of Infants Act. [12267/11]

James Reilly (Dublin North, Fine Gael)
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I propose to take Questions Nos. 147, 150 and 151 together.

The issue of consent for the treatment of children is not governed by specific legislation. What is required in a given situation falls to be determined on the basis of the facts of an individual case. In medical emergencies, for example, urgent treatment may be provided to a child in the absence of express consents where it is necessary to save the life of the child. The age of the child is also relevant with this issue being provided for in the Non-Fatal Offences Against the Person Act 1997 for children over 16 years.

The Deputy's questions suggest that there is a lack of consistency with regard to the issue of consent for separated parents between national guidelines developed by the HSE and those being operated by individual hospitals at local level. My Department is advised by the HSE that the issues raised by the Deputy have been the subject of specific consideration with a view to developing guidance on how the complexities of these matters may be addressed. The HSE sought and obtained legal advice on these matters and this is currently under consideration within the Executive.

The legal framework for guardianship is set out in the Guardianship of Infants Act, 1964 and is the responsibility of my colleague, the Minister for Justice and Law Reform.

With regard to contact between children and parents with whom they do not live, the Health Service Executive, the Office of the Minister for Children and Youth Affairs, Ballymun Regeneration Limited, the Family Support Agency and Pobal have recently concluded an agreement to progress the development of a co-funded Child and Family Contact Centre Initiative. The purpose of the initiative is to provide, for a specified period, a child and family contact centre service, to evaluate the impact on children and families of the service and to inform the development of any future child and family contact centre services in the Irish context.