Barry Andrews (Dún Laoghaire, Fianna Fail)

Situations arise where parents, guardians or other persons acting in loco parentis are not available to give consent. Section 23ND(2) ensures that in such situations the HSE has the right to consent to a medical or psychiatric assessment, an examination and treatment. However, I brought forward an amendment to insert a new subsection (3) in section 23ND which ensures any consent given, had we not included the provision giving a right of consent to the HSE, remains valid. Therefore, the HSE's right to consent does not affect the validity of any decision on medical treatment lawfully made by any other person such as a parent, guardian or child. Contrary to the Senator's suggestion, it will not eliminate that right of consent. The guardian ad litem is not a relevant person in this context. For that reason, I am not accepting the amendment. The functions of the guardian ad litem are separate from issues of consent to medical treatment.