Johnny Mythen (Wexford, Sinn Fein) | Oireachtas source

Commendations must go to the previous youth advisory committee of St. Patrick’s Mental Health Services which campaigned on this issue during the previous Oireachtas term. My colleague and former Senator, Máire Devine, also worked tirelessly to progress this issue during her time in the Seanad and began this important work that we are now carrying on.

This Bill is fundamentally about the rights and protection of young people. Children aged 16 and 17 years should be presumed to have capacity to consent to or refuse admission and treatment. This change would be in line with the principle of Article 12 of the Convention on the Rights of the Child - the right to be heard. This right needs to be expressly stated in mental health legislation, which is what this Bill will do.

The expert group that reviewed of the Mental Health Act 2001 in 2015, the national youth mental health task force in 2017 and over 50 other organisations have called for this legislative change. The change was also included in the programme for Government.

I understand there may be some difficulties for 16- and 17-year olds if they are suffering with their mental health and might not have the capacity to consent. It is important to note that this Bill does not take away any existing protections from vulnerable young people. As we know, capacity legislation has protections for vulnerable adults. These protections also apply for 16- and 17-year olds.

Young people should not need to wait any longer for this long-recommended change. It is time we recognised and respected their ability and their capacity, and increased their legislative protections in accessing mental health treatment.

The Mental Health (Capacity to Consent) Bill 2021, above all, and without prejudice, gives a voice to children and gives them an equal opportunity to be heard. I support the Bill.

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