Joan Freeman (Independent) | Oireachtas source

Last night, the motion on Senator Swanick’s amendment was passed and included in the 2017 Bill a section which provides that due regard shall also be given to the following principles, which are listed. The words used are "insofar as practicable”. The point I am trying to make is that this is the difference between what the Minister of State is allowing to be passed today, for which I am terribly grateful, and what was spoken about last night. However, as I have made clear on numerous occasions, those principles do not go far enough when it comes to the practical and timely treatment of children in this country. Senator Swanick's words are flexible almost to the point of not being accountable and it is that lack of accountability and absence of anyone standing over the decision-making that results in substandard care for our children. We would not accept that standard of care for a physically unwell child. We would not accept that, insofar as practicable, they should be separated from adults and that an effort will only be made to provide a safe environment where that is possible. That is an important point. The Minister of State is encouraging people to see that there should be no difference in the treatment of children who are physically unwell and those who are mentally unwell. I thank him again for that.

I am delighted that, again, the Government is not opposing today’s Bill and I want to briefly outline the history of the legislation to date. The Mental Health (Amendment) Bill 2016 was introduced by me in October 2016. At that stage, I worded the Bill to reflect a rigid standard whereby children simply would not be admitted to adult units. Having worked in this area for a long time, it was my view that this practice is no longer acceptable.

The Minister of State will remember that he and I spoke at great length. My suggestion was rigid and quite black and white and I thank him for involving me in the conversation about making it more flexible.

The code of practice relating to the admission of children states that the admission of a child to a unit in an approved centre providing care and treatment to adults is undesirable and may be detrimental to the child. I am trying to make this such an important case. Sometimes we have to weigh up whether it is more acceptable for a child to be put into an adult unit or the effect it could have on that child. The Minister of State and I have seen many cases recently where it has had a detrimental effect, but allowing the consultant psychiatrist to make a determined effort to get the best possible care for the child means that both the Minister and I will be able to sleep easier at night. That is what this Bill is about. It is about making our clinical teams accountable for ensuring that the child is in the best possible place.

I have about another 200 pages of notes which I will not read because the Acting Chairman proposed that the Bill do now pass so eloquently but I want to again thank the Minister of State and the Government. I would be delighted if the Minister of State could bring this Bill through the Dáil as part of his mandate and achievements in 2018.