Brendan Howlin (Wexford, Labour)
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Question 369: To ask the Minister for Health and Children if, in the case of separated or divorced parents who have joint guardianship of their child, the consent of both parents is required in relation to medical treatment of the child or if, as stated by the Health Service Executive, consent is legally only needed from one person with parental responsibility; and if she will make a statement on the matter. [1018/09]

Róisín Shortall (Dublin North West, Labour)
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Question 373: To ask the Minister for Health and Children if she will seek an explanation from the Health Service Executive as to the reason on its literature, School Health Service, it claims that legally, consent is only needed from one person with parental responsibility in relation to the consent required from legal guardians to medical treatment for a minor when this would appear to be contrary to section 6(1) of the Guardianship of Infants Act 1964. [1049/09]

Jan O'Sullivan (Limerick East, Labour)
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Question 494: To ask the Minister for Health and Children if consent to medical treatment for a child is only required from one person with parental responsibility or if, in accordance with the Guardianship of Infants Act 1964, the consent of both parents is required; and if she will make a statement on the matter. [1927/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 369, 373 and 494 together.

The issue of medical consent required for the treatment of children is not governed by any specific piece of legislation. What is required in a given situation falls to be determined on the basis of the facts of an individual case. In medical emergencies, for example, urgent treatment may be provided to a child in the absence of express consents where it is necessary to save the life of the child. The age of the child is also relevant with this issue being provided for in the Non-Fatal Offences Against the Person Act 1997 for children over 16 years.

I have contacted the Health Service Executive in this regard and I understand that the Executive has developed guidelines entitled "Procedure for obtaining consent for non emergency treatment/services from parents of children and young people under the age of 18 years". These guidelines give the necessary clarity in relation to this matter and I shall arrange for a copy to be forwarded to the Deputies as soon as possible. I understand from the HSE that these guidelines will be available on the HSE website in the near future. If the Deputies are aware of any particular case where the issue of medical consent needs to be clarified then the individual concerned should contact his/her Local Health Office in this regard.