Brian Lenihan Jnr (Dublin West, Fianna Fail)

Senators are making my argument as to the reason I settled on the period of five years in the first instance, namely, that parents are being extended trust and there was a demonstrated capacity to make decisions. People think of the annual visit to Torremolinos but there is no more important decision than a medical decision and it takes time for a parent to demonstrate a capacity to make that type of decision.

I would be concerned if the provision were inserted in the legislation as a legal formulation and separate matter from the care plan. After all, the position on consent is clear-cut in the Bill and we would muddy the waters if we inserted a provision under which parents could have consent but such consent would have to be notified to the Health Service Executive and social worker. Would this mean the doctor would have to inform the parent that he or she would have to notify the HSE? Would the doctor then not be at fault? The insertion of this provision would create a significant difficulty. The five year period — or four year period if that were to be so decided at a later stage — addresses the issue raised in the amendment.