Ms Ber Grogan:

I was supposed to attend in person today but Covid-like germs came along and I thought it was better to stay home. It is lovely to link in and hear from everyone. I thank Deputy Ward for his question. He is probably sick of listening to us talk about this issue at this committee and at the Joint Sub-Committee on Mental Health. Basically, the reform of the Mental Health Act will amend the Non-Fatal Offences Against the Person Act, which allows 16- and 17-year-olds to consent to or refuse treatment for physical healthcare, but there is no such amendment allowing 16- and 17-year-olds to do likewise with respect to their mental healthcare. The reform of the Mental Health Act is in progress but who knows when it will be commenced.

Section 84 of the amendment Bill before us deals specifically with an advance healthcare directive, which refers to a person aged 18 years or over. That reference could be amended to include 16- and 17-year-olds. There would be wider implications were the whole 2015 Act to apply to 16- and 17-year-olds because much of that legislation relates to property, wealth and estate. We are seeking parity of esteem in respect of decisions on healthcare. That would involve either amending section 84 of Part 8 of the amendment Bill to provide that 16- and 17-year-olds could make those decisions or including in the amendment Bill an amendment to the Non-Fatal Offences Against the Person Act, given that it provides for small technical amendments to five or six Acts. There are loads of ideas.