Oireachtas Joint and Select Committees

Tuesday, 25 January 2022

Joint Committee On Health

General Scheme of the Mental Health (Amendment) Bill 2021 (Resumed): Office of the Ombudsman for Children

Photo of Mark WardMark Ward (Dublin Mid West, Sinn Fein) | Oireachtas source

I thank Dr. Muldoon and all the witnesses for the opening statement and for attending today's meeting. I have a couple of questions. The first is in relation to the Assisted Decision-Making (Capacity) Act that is to run in parallel on the Joint Committee on Children, Equality, Disability, Integration and Youth, of which I am also a member. There seems to be contradictions between the amendment of this Act, which seeks to give 16- and 17-year olds the capacity to consent to their mental healthcare, but it does not seem to be doing the same in the Assisted Decision-Making (Capacity) Act in relation to wardships of court. Do the witnesses think that the Assisted Decision-Making (Capacity) Act should be amended while we are waiting for the reform of the Mental Health Act? Do they have any concerns about what will happen if it is not addressed at the Joint Committee on Children, Equality, Disability, Integration and Youth and we have to wait for this Bill to move through both Houses? My understanding is that it has taken seven years to get to the point following the commencement of the Assisted Decision-Making (Capacity) Act to provide for under-18s. We have this great Part 8 in the proposed reform of the Mental Health Act, but how will children's rights be upheld in the meantime?

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