Mary Butler (Waterford, Fianna Fail)

The Bill still defines as a child as being someone aged under 18 years of age. However, it proposes to amend the definition of capacity assessments in section 2 to clarify that capacity assessments refer to children aged over 16 years of age because the Bill is changing the age of consent so that 16- and 17-year-olds have autonomy as to whether they accept care. We can go into that at a later stage. It is quite complicated.

I am not trying to undermine the importance of the point, but the Bill still defines a child as someone under 18 years of age. Under the new Mental Health Bill 2024, if enacted, as is the case with any other healthcare where someone who is 16 or 17 years of age can make up their own mind without the consent of their parents, they will also be able to do so in regard to their mental health.

There are significant safeguards in place in respect of young people with enduring mental health conditions, the courts, eating disorders and so on. This is a technical amendment to amend the definition of capacity assessment in section 2, which will now refer to children over 16 years of age, having previously referred to 16- and 17-year-olds up to the age of 18.