Rónán Mullen (Independent) | Oireachtas source

Potentially in the absence of any statutory provision, and relying on the Medical Council and HSE guidance, a circumstance could arise where a doctor becomes aware of some key information, namely, that the girl is pregnant and that this may be as a result of a sexual offence committed against her. How can we stand over a situation where a doctor does not have a legal duty to inform parents of earth shattering news such as this? Doctors should have duty in all cases, except where I have provided otherwise in the amendment, to inform a girl's parents or guardians of this. We have had too many investigations in this country to deal with the fallout of persons in authority failing to report important information. We have seen several situations where doctors and a range of other professionals were aware of the signs of abuse but did not act. It is incredible that in the wake of several such cases, there is still no absolute duty on doctors to notify parents of a pregnancy in a child under 16 years or any other evidence of sexual activity which may amount to sexual offences having been committed against their child.

I appeal to the Minister to accept the amendment. If it is not accepted, I implore him to consider accepting a more narrowly drafted amendment on Report Stage that would deal solely with the issue of the age of consent. I ask the Minister to comment on that in his response. He indicated on Committee Stage in the Dáil that he might accept a narrower version of this amendment on Report Stage but none was forthcoming. It might be worthy of his consideration to indicate whether this can be achieved in the Seanad.

Neither the Medical Council guidelines nor the HSE policy document on consent has the status of law. As I said, both allow exceptions if the child is mature, it is in their best interests and so on. As a familial abusive situation could arise, my amendment provides that the High Court, "upon application made to it by any interested party, and if satisfied that it is in the best interests of the minor concerned, may make an order dispensing with any requirement for service provided for under this section." The use of the word "service" here means service of notification on the parent. The exceptional situation where it would not be appropriate to notify a parent is, therefore, provided for by reference to the role of the High Court. On reflection, I am not happy that the text of subsections (6) and (7) is clear. I have spoken to the principles of the amendment because I am anxious to hear from the Minister as to whether the Government is open to the principle or to the introduction of a narrower amendment on Report Stage. I will not press the amendment at this point but I will bring forward an amendment at Report Stage, which will depend on the Minister's reply.