Barry Andrews (Dún Laoghaire, Fianna Fail)

Subsection (3), prior to the subsection the Senator proposes to delete, expresses a positive obligation on the HSE to consult with the categories of people we are talking about, namely, the child, parent, guardian and, where appropriate, the relatives of the child. Therefore, if this decision is taken by the HSE for the protection of life, health and safety, not to consult with one of those, and it is reasonable to believe this is not in the best interests of the child, then it must explain to the High Court why it is has not done this. The High Court can tell the HSE that it has an obligation under subsection (3) and must discharge that. That is the safety provision which ensures the High Court can tell the HSE, in the event, that it has not established reasonable cause for the best interests of the child or that there is an issue in relation to the protection of life, health, safety, development or welfare of the child. Those are the barriers the HSE has to overcome to satisfy the High Court that it is properly avoiding consultation under subsection (4).