Fintan Warfield (Sinn Fein) | Oireachtas source

I welcome this Bill, those who have joined us in the Gallery and those watching elsewhere. I am proud to be a co-signatory to this legislation, particularly given this is World Mental Health Day, a day when the responses to the well-being of our people should be evaluated.

While mental health issues such as anxiety, depression and bipolar disorder know no age, international evidence has demonstrated that mental health issues peak during the adolescent and early adult years. International evidence has also shown that young people carry the burden of mental ill health with mental disorders now the leading cause of disability among young people between the ages of ten and 24 years of age. Closer to home, Ireland currently has the fifth highest rate in the European Union of youth suicide between the ages of 14 to 24.

Our response in terms of child and adolescent mental health services, CAMHS, is at critical levels where we do not meet 43.8% of prescribed whole-time hours set out in A Vision for Change. Our failures in early intervention responses, in particular, will result in a cost ineffective system for years to come and will prolong illness for many. Recognising and treating mental medical conditions early makes as much sense for mental health issues as it does for physical health. However, our CAMHS waiting lists do not allow for early intervention. Early intervention has been shown to have a high success rate for bipolar disorder and anorexia. It has also been shown to benefit young people with schizophrenia, reducing the severity of the illness and leading to better adaptation to the disorder. Early diagnosis of psychosis is vital to the success of specialised treatment packages developed for the individual. On solving mental health problems, the World Health Organization suggests that "early intervention is fundamental to preventing progress to a full-blown disease, in controlling symptoms and improving outcomes."

While this Bill cannot address the resources required to meet our needs towards access of youth mental healthcare, it does allow for a young person's agency towards the treatment that would best suit them and makes early intervention more accessible. As mentioned previously, we allow this same autonomy granted to persons 16 and 17 years of age in cases of physical and dental health, and for good reason. For example, those who soon may wish to avail of abortion services and are deemed intellectually mature and competent for informed consent can do so freely without intervention from their parents. A young person who requires a blood transfusion can do so regardless of parents who may be ideologically opposed to blood transfusions. In stark contrast, if a young person may wish to start on a course of antidepressants, engage in counselling or cognitive behavioural therapy, CBT, they cannot do so without informing their parents as to why and informing them of the illness. Furthermore, a LGBTQI young person cannot gain treatment without potentially having to disclose their identity to their parents. Transgender people aged 16 and 17 require psychiatric assessment prior to accessing either a gender recognition certificate from the State or hormone therapy, none of which can be obtained without parental consent. This can be made even more difficult when the individual may not have tolerant parents.

In Sinn Féin's opinion, this infringes a person's bodily autonomy and contravenes Article 12 of the UN Convention on the Rights of the Child which upholds the rights of children to participate in any decision-making process affecting them. It also diminishes the understanding that our doctors are gatekeepers of recognising any legal capacity to make medical decisions. The Mental Health Act 2001 is flawed and is hindering our responses in a society that is becoming more open, more caring and more responsive to the needs of those who are mentally unwell. The 2015 report has still yet to be fully realised. While I understand the Department is currently preparing legislation to meet these recommendations, the recommendation that forms the objective of my colleague and comrade, Senator Devine's Bill is a no-brainer and should be legislated for with expediency as the disparity between consent and treatment between mental health and physical health infringes on a young person's right.I commend Senator Devine and my friend, Grace McManus, for being champions for positive health and mental health, even long ago when Senator Devine and I were on South Dublin County Council. I urge the Minister to heed the calls of this Bill and of Sinn Féin as well of those in Mental Health Reform, the Children's Mental Health Coalition and the 2015 report.