Dáil Éireann Debate, Tuesday - 6 February 2018
392. Deputy James Browne asked the Minister for Health the way in which young persons will be considered in the development and implementation of legislation, policy and services for youth as per recommendation one of the national youth mental health taskforce report 2017; and if he will make a statement on the matter. [5724/18]
Amharc ar fhreagraAn Expert Group Review of the Mental Health Act 2001 was published in 2015. This Review was carried out in consultation with service users, carers and other stakeholders, such as the Children's Rights Alliance, the Children's Mental Health Coalition and Barnardos, and was informed by human rights standards. The review contained 165 recommendations.
Specifically in relation to children, the Group made 13 recommendations as to how our mental health legislation could be improved and this includes, for example, that a list of child appropriate guiding principles should be included and also that children aged 16/17 should be presumed to have capacity to consent/refuse admission and treatment.
Amendments to the Mental Health Act 2001 based on the recommendations of the Expert Group Review of the Act are currently being progressed. Government approved plans to proceed with the general scheme of a bill and officials are working on the heads of the amending bill which will legislate for the recommendations of the Review, including those relating to children.
The National Youth Mental Health Task Force were very much aware of the recommendations of the review and wanted to ensure that there priority was maintained to ensure that the voice of all children and young people is heard. The Task Force agreed that young people are to be consulted in a meaningful way about the drafting of policies and legislation and the design of services that may affect their mental health. A Youth Forum has already been established in DCYA and such a mechanism would work well to assist policy makers when drafting reports.
In the future it is intended that a new inter-departmental Pathfinder Team, will take a lead in formalising mechanisms to ensure that the voices of young people are fully considered in the development and implementation of legislation, policy and services for youth. The Pathfinder team would be in a position to develop mandatory protocols which will work to safeguard young people against potential changes in policy that could negatively impact on youth mental health. A process for youth consultation would also routinely be carried out when designing mental health and other support services and facilities for young people. Pathfinder is currently being considered by DPER.
