Dáil Éireann díospóireacht -
Tuesday, 16 Nov 1999

Vol. 510 No. 6

Written Answers. - Drug Treatment Services.

Bernard Allen

Ceist:

225 Mr. Allen asked the Minister for Health and Children if his attention has been drawn to the concerns of health board management regarding potential legal issues surrounding the position of drug treatment services to under-aged addicts, where obtaining parental consent is difficult; and the steps, if any, he proposes to take to deal with this concern. [23224/99]

Minister for Health and Children (Mr. Cowen):

I have not been made aware of any specific concerns of health board management regarding potential legal issues surrounding the position of drug treatment services to under-aged addicts, where obtaining parental consent is difficult.

The position regarding consent of minors is that under section 23 of the Non-Fatal Offences against the Person Act, 1997, the consent of a minor who has attained the age of 16 years to any surgical, medical or dental treatment, which in the absence of consent, would constitute a trespass to his or her person, shall be as effective as it would be if he or she were of full age: and where a minor has by virtue of this section given an effective consent to any treatment it shall not be necessary to obtain any consent as it applies to that treatment.

In relation to treatment of under 16 year olds the issue of consent of minors to medical procedures versus the consent of parents has yet to be addressed by Irish courts. Persons involved in the provision of treatment should obtain, wherever possible, the consent of parents or guardians before commencement of such treatment to under 16 years olds. If this is not available or forthcoming they must seek legal advice on the matter.