Mary Butler (Waterford, Fianna Fail)

I will answer Senator Ruane first. She raised the issue of a 17-year-old or a 17-and-a-half-year-old who may not have capacity and how we make sure. This is where the care orders come in. It is also where the consultant psychiatrist who is looking after the child comes in. If there is no parental consent, because parental consent is still allowed to be included, they may have to take to the courts. There are safeguards there. I was concerned. I am a mother myself. I was concerned about the need for sufficient safeguards to be in place regarding those particular supports for a young child aged 16 or 17 who is very ill and might not have the capacity to make that decision. I believe those safeguards are in place. I worked closely with the College of Psychiatry Ireland on this in order that psychiatrists feel, in real time, when a 16- or 17-year-old comes in at 2 a.m., who might have been found on the street or attempted suicide or something, that they can work in the best way possible. I believe those safeguards are there.

The other point I will make is that when any child or adult is involuntarily detained, the first to be informed is the Mental Health Commission in order that it is aware a child or young person has been involuntarily detained.

In respect of Oberstown, Tusla has responsibility for any children in Oberstown. We also have in-reach mental health services going in there, but I do not think that is the point of what the Senator was saying. What I am trying to say is that this Bill will protect all people with mental health challenges. There are safeguards with regard to those aged 16 and 17. This might add a little bit of clarity.

The technical amendment I am speaking about provides, “In page 15, line 1, to delete 'a child' and substitute 'a child aged 16 years or older'." In the 2001 Act, a child was defined as up to 18 years of age. This amendment seeks to delete the word "child", because everyone knows, defined in the law, what a child is, and substitute “ a child aged 16 years or older”. That is for a 16- or a 17-year-old. That is just making the Bill representative of what is going to change in the Bill when it is passed and enacted.