David Norris (Independent)

I share Senator Fitzgerald's doubts about this provision. Section 23F(4) states the HSE may choose not to consult, having regard to the protection of the life, health and safety of the child, in other words, in circumstances where the child may be in serious danger. The provision that it will not consult the child appears strange. Will the Minister of State outline the circumstances in which he or his advisers believe this power will be necessary? I find it difficult to imagine such a circumstance. The only one which comes to mind is where a child is in danger from actions of the parent. While such cases have arisen, if the child was in a secure placement, I am not sure how such a circumstance could arise. If these circumstances could arise, they would be remote. I ask the Minister of State to provide some examples. It may be just about arguable that a guardian or parent who has custody of a child should not be consulted but I cannot envisage circumstances in which it would not be appropriate to consult the child. Do the words "a person acting in loco parentis" in subsection (4)(d) also cover a guardian ad litem? If a court appoints someone to be a guardian ad litem, it would be odd if this function was removed in certain serious circumstances. I, therefore, ask the Minister of State to give examples of circumstances in which it would not be appropriate to consult the child and indicate whether the words in subsection (4)(d) also cover a guardian ad litem.