Lynn Ruane (Independent) | Oireachtas source

I welcome the Minister back to the Chamber. I will speak briefly on this only because I have been reminded of the importance of being able to give consent at 16 years in respect of mental health issues. I recently supported a woman whose child was diagnosed as being on the autism spectrum and had generalised anxiety. It reminded me of a similar case I came across years ago when I was in the addiction sector because the situations were similar.

Sometimes giving the child consent does not only empower the person. There are family situations where separated or divorced parents both share guardianship. Sometimes that guardianship is used as a form of control, but yet there is not actual direct relationship with the child or no parenting of the child financially, emotionally or educationally. When it comes to giving consent for treatment, be it for anxiety, attention deficit hyperactivity disorder, ADHD, or several different things, if the 16-year-old does not have the ability to give consent, the consent is sought from the absent parent. That absent parent often refuses to give consent even though they do not have primary carer responsibility for the child. It reminded me of a recent situation whereby a mother had to go back to the courts system to argue the point about dispensing with guardianship to be able to get her child to go on the medication they need.

Although there is an argument for the empowerment of a 16-year-old in consent and decision-making, there are many more complex situations in which the consent of a 16-year-old is necessary because the sharing of guardianship in separation cases causes further issues for the child in accessing the care he or she needs. The amendment would go some way to ensuring children who need the most support get it and that they would have the ability to give consent in respect of their care.