Mary Butler (Waterford, Fianna Fail)

Okay. I have heard Deputy Clarke and I have read what the other Deputies have sent in. I do not have a prepared speaking note because I want to work with both Deputies on getting this right for Report Stage. We know that in the past ten years there have been no cases where ECT has been used on 16- or 17-year-olds. We also know it is necessary to go to the High Court to get approval.

I have thought long and hard about this since last week and have thought long and hard about it all afternoon. I do not feel comfortable with legislating even as it is in the original Bill, where it would have to be brought to the High Court. I have asked my officials to consider a new amendment on Report Stage to prohibit ECT for children aged 16 and 17. It is already prohibited for those aged 15 up to 16 years. I want to work with everyone here. Contrary to what my colleague in Waterford, Deputy McGuinness said at the weekend, namely, that I was not prepared to accept any amendments, I am prepared to work with all Deputies here to get the correct wording because we cannot have any unintended consequences. If the Deputies are supportive, I propose to ask that section 83 be withdrawn at this time and reintroduced, if required, so that there are no unintended consequences.

For anyone aged 18 years or over, ECT is available if that is the clinical decision and they agree. They may not agree, as the case may be. We are changing consent in this Bill down to age 16 years, but I still think we need to protect the 16- and 17-year-old in relation to ECT. This Bill does not provide for ECT from ages 16 and below. I want to work with the Deputies on this. I have only landed this on my officials in the past hour and a half. I have spoken to several consultant psychiatrists on this this afternoon and they varied on it. However, my opinion, as someone who has put four years into this Bill, is that I am not minded to include it in the Bill. Because I am not prepared, the only thing I can do now is to remove the section, withdraw it for now and reintroduce it and I will work with the Deputies in the interim to come up with a wording that is suitable to us all. I give my word on that.

See this speech in context