Mary Butler

I inform the Deputies present that section 59 provides for the application of the relevant provisions of the Child Care Act 1991 to proceedings involving the courts in this Bill. I will move further amendments in this regard on Report Stage. I just wanted to flag this point.

We did speak about this aspect last week. I explained to Deputy Clarke, and she took on board, that that amendment was ruled out of order not by me but by the Bills Office. It is important to state that good progress has been made over many years. Last year, for example, five young people aged 17 plus were admitted, with the consent of their parents, to adult psychiatric wards for a short time. We…

I move amendment No. 158: In page 69, line 13, to delete “view” and substitute “opinion”.

I move amendment No. 167: In page 74, between lines 37 and 38, to insert the following: “(b) the Commission,”.

I move amendment No. 168: In page 77, after line 42, to insert the following: “(8) The Executive shall notify the Commission, in the form and manner specified by the Commission, of the decision to involuntarily admit or the decision not to involuntarily admit a child under this section.”.

I move amendment No. 170: In page 78, line 6, before “take” to insert “take all reasonable measures necessary to”.

I move amendment No. 171: In page 78, line 12, to delete “a Superintendent or Chief Superintendent” and substitute “a member of An Garda Síochána not below the rank of Inspector”.

I move amendment No. 172: In page 78, to delete lines 20 to 25 and substitute the following: “(4) Where a member of An Garda Síochána takes a child into custody under subsection (1) and the parents of the child, or either of them, or guardian, or, in the case of a child the subject of a care order, the Child and Family Agency are contacted, the child shall be released into the care of that perso…

I move amendment No. 173: In page 78, to delete lines 26 to 30.

I move amendment No. 175: In page 78, line 38, to delete “view” and substitute “opinion”.

I move amendment No. 176: In page 78, lines 39 and 40, to delete “it is unsafe or not in the best interests of the child to release the child into the care of that person or persons” and substitute the following: “there is an immediate and serious risk to the health or welfare of the child by releasing the child into the care of that person or persons”.

I move amendment No. 177: In page 78, line 41, to delete “shall arrange for the child to be released” and substitute “may request that the child be released”.

I move amendment No. 178: In page 79, between lines 2 and 3, to insert the following: “(7) Where the member or members of An Garda Síochána make a request to the Executive under subsection (6), the Executive shall comply with the request as soon as practicable.”.

I move amendment No. 179: In page 79, line 7, to delete “view” and substitute “opinion”.

I move amendment No. 180: In page 79, lines 8 and 9, to delete “it is unsafe or it is not in the best interests of the child to do so” and substitute the following: “there is an immediate and serious risk to the health or welfare of the child by releasing the child into the care of that person or persons”. This amendment was drafted following consultation with An Garda Síochána, as queries were…

I move amendment No. 182: In page 79, line 21, to delete “view” and substitute “opinion”.

I move amendment No. 184: In page 79, line 26, to delete “view” and substitute “opinion”.

We are discussing that now.

Would Deputy Quaide like to speak to it and then I can come in?

Okay. I have heard Deputy Clarke and I have read what the other Deputies have sent in. I do not have a prepared speaking note because I want to work with both Deputies on getting this right for Report Stage. We know that in the past ten years there have been no cases where ECT has been used on 16- or 17-year-olds. We also know it is necessary to go to the High Court to get approval. I have though…

I move amendment No. 187: In page 89, to delete lines 15 and 16 and substitute the following: “(c) the interaction of the administration of electro-convulsive therapy and the guiding principles;”.

I am agreeable to deleting section 83 with the opportunity to reintroduce a section 83 along the lines of what we have discussed. There may be no need for it but I must keep the opportunity open in case wording is required. However, its purpose will be that we will not be legislating for 16- and 17-year-olds to have access to ECT.

I move amendment No. 189: In page 89, lines 35 and 36, to delete all words from and including “(1) In” in line 35 down to and including line 36.

I move amendment No. 190: In page 90, lines 1 and 2, to delete “after such application, but no later than 24 hours after the application concerned” and substitute “, but no later than 24 hours after the initiation of the application”.

I move amendment No. 191: In page 91, between lines 4 and 5, to insert the following: “(c) where it is the least restrictive practice possible in the circumstances,”.