Alan Shatter (Dublin South, Fine Gael)
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Question 76: To ask the Minister for Health and Children if she has sanctioned the Health Service Executive advising HSE and medical nursing personnel that legally consent is only needed from one parent with parental responsibility for a medical examination or treatment to be provided to a child; her views on whether there is a difficulty in this area in the context of parents being joint guardians of their children; and if it is intended to enact more specific and detailed legislation to remove all ambiguity and difficulties that can arise. [13010/09]

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. 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. The legal framework for guardianship is set out in the Guardianship of Infants Act, 1964. Any proposed amendment to this Act is the responsibility of my colleague, the Minister for Justice, Equality and Law Reform.