Frances Fitzgerald (Fine Gael)

This section deals with the functions of the HSE when providing special care. Once a special care order has been made, it gives the HSE far-reaching powers to carry out various medical or psychiatric assessments, while it also deals with the issue of the passport.

There is no requirement on the HSE to apply to the court to dispense with parental consent. These powers would appear to exclude the child's family or a guardian ad litem in a way that could disadvantage the child. There does not seem to be any right of the child to be heard. It is important that this should be possible. Does the Minister of State expect the HSE to consult in the normal way if a guardian ad litem was in situ? I take it that the guardian ad litem does not go away just because the child is in care. It seems important therefore not to exclude a requirement to dispense with parental consent in these situations. It is also important not to exclude the child's family or the guardian ad litem because that could disadvantage the child. It is similar to some of the discussions we had earlier. These are cases where the exclusion we discussed earlier does not necessarily apply. To begin with, there may well have been consultation with the child's family. It is just that when one is going that step further in terms of treatment, there is no consultation requirement. I would be interested to hear what the Minister of State has to say about that.