Joe Costello (Dublin Central, Labour)
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Question 246: To ask the Minister for Health and Children if legal guardians must give joint consent to medical treatment for a child as appears to be the interpretation of section 6(1) of the Guardianship of Infants Act 1964 or if the Health Service Executive is correct in stating that consent is required from only one person with parental responsibility; and if she will make a statement on the matter. [6030/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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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 Deputy 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 Deputy is 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.