Dáil Éireann Debate, Tuesday - 28 March 2023
707. Deputy Carol Nolan asked the Minister for Health further to Parliamentary Question No. 650 of 14 February 2023, and the written reply from the HSE dated 20 February 2023, his views on whether any amendment is needed to the legal position as outlined by the HSE in its letter; and if he will make a statement on the matter. [15141/23]
View answerThe reply the Deputy refers to from the HSE, sets out the HSE National Consent policy (2022) which is that it adopts a position that the consent of a young person aged 16 and 17 years (who has decision-making capacity) is sufficient (except where the Mental Health Act 2001 applies). This is in line with long established current practice and with the Medical Council, Guide to Professional Conduct and Ethics for Registered Medical Practitioners (2019) as well as with a reasonable interpretation of s. 23 of the Non-Fatal Offences Against the Person Act 1997.
The general issue of consent to certain medical treatments for 16-year-olds is dealt with in the Non-Fatal Offences Against the Person Act, 1997 which I understand is under the remit of the Department of Justice, should the Deputy wish to raise any amendments and request any further information.
