Written answers

Wednesday, 7 March 2012

6:00 pm

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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Question 243: To ask the Minister for Health, further to Parliamentary Question No. 654 of 24 January 2012 regarding the issue of whether consent of guardians is required when making a medical decision in the case of a child born within a marriage, when he referred to the 2006 Health Service Executive guidelines on obtaining consent to clinical treatment in an acute hospital setting but made no reference to the most recent document, staff guidelines for obtaining consent for non-emergency treatment-services from parents of children and young people under the age of 18 years, if he will explain the difference between both documents; and if he will make a statement on the matter. [13192/12]

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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There are clearly differences between the two HSE guidance documents referred to in the Parliamentary Question as they pertain to different service areas: The 2009 document Staff Guidelines for Obtaining Consent for Non Emergency Treatment/Services from Parents of Children and Young People Under the Age of 18 Years relates to the non-acute services and the 2006 document Guidelines in relation to obtaining consent to Clinical Treatment in an Acute Hospital setting pertains to the acute hospital setting.

The HSE recognises that a national consent policy is required and in 2011 the Quality and Patient Safety Directorate established a National Consent Advisory Group with broad stakeholder representation to develop one overarching consent policy and supporting documentation, which will include national guidelines. It is anticipated that the policy will be available in the latter part of 2012.

Comments

Cathal Garvey
Posted on 15 Mar 2012 5:43 pm (Report this comment)

The Parliamentary Question No. 654 of 24 January 2012 referred to can be found at http://www.kildarestreet.com/wrans/?id=2012-01-24.2322.0.

The Minister is obviously perplexed when it comes to Guardianship issues. The document http://www.hse.ie/eng/services/Publications/services/Childre... indicates that BOTH LEGAL GUARDIANS must give consent whereas the document http://www.lenus.ie/hse/bitstream/10147/75681/1/Guidelines%2... claims that If the parents of a child are legally separated, either parent can consent to medical treatment. However, if the Court, in dealing with the legal separation conferred sole custody on one parent, a condition or direction would normally attach with regard to medical treatment for the child.
This is simply not true. Court Orders are covered in the secrecy of the "In Camera" rule and can only be shown to persons prescribed by http://www.courts.ie/Courts.ie/library3.nsf/(WebFiles)/9D6ED... Hospitals are not prescribed by this.

However, the Minister fails to answer the question if he will explain the difference between both documents as there is no explanation why the right of a child to have both Legal Guardians act on their behalf can be ignored, unless in an emergency.

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