Seán Fleming (Laois-Offaly, Fianna Fail)
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Question 880: To ask the Minister for Health his policy in relation to obtaining parental consent jointly when children are being vaccinated; and if he will make a statement on the matter. [41150/11]

James Reilly (Dublin North, Fine Gael)
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Consent must always be obtained before immunisation. In line with custom and practice, consent is only required from one parent.

Under the Guardianship of Infants Act, 1964, the mother is automatically given responsibility for her child. The father is also given parental responsibility if he is married to the mother at the time of the child's birth or if they marry after the birth of the child or if both adults adopt the child together. However, if a child is born outside of marriage, the mother is given automatic responsibility for all decisions relating to the child.

The Non-Fatal Offences Against the Person Act, 1997, Section 23 permits a minor who has attained the age of 16 to consent to treatment. At this age the individual is deemed to be sufficiently competent to give consent for a medical procedure. For any individual younger than this, parental consent is required, for example, for the administration of a vaccine. In 2011, the HSE established a National Consent Advisory Group in order to draft a national policy on consent for health and social care. I understand the work of the Group will be completed by the end of the year.