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Seanad
‹ An tOrd Gnó - Order of Business

Mental Health Bill and safeguarding

Summary

Senator McCarthy said amendments to the Mental Health Bill should address co-parenting rights, parental responsibility and child safeguarding after discussions with Andrew McGinley.

I recently had a meeting with a gentleman called Andrew McGinley who lost his three children to familicide. We were discussing the Mental Health Bill 2024 and how it has been addressed in this House. He noted that three areas were glaringly missing from the legislation, and these were basically at the heart of child safety, parental responsibility and basic safeguarding.

The first was co-parenting rights. When clinical decisions are being made about a parent that could impact their children, the other parent cannot be left without that critical information. Parents share responsibility for their children under the Children First Act 2015, but it is not possible for parents to protect their children if they are not given the information, are not told the truth, and if it is not transparent and the risks are not shown. When information is withheld, a parent is not just uninformed but prevented from safeguarding their own children, and that cannot happen.

Second, on the control of prescription medication, where clinicians know that a patient is accessing medication that has not been prescribed to them, especially where suicidal ideation has been recorded, there is a clear duty to intervene. We need statutory safeguards for return of medication after a person dies and clear legal consequences where prescription drugs are supplied outside proper clinical care. These are simple protections that could save lives.

Third, children must come first. The law is clear. The best interests of the child must come first. If one parent’s capacity to protect their children is impaired, then the system itself must ensure that the other parent is fully informed so that children remain safe. Children cannot be invisible in clinical notes or in decision-making and only visible when tragedy occurs. It is not about looking backwards but about making sure the law is strong in this regard to protect children in the future. In the end, the mental health system is judged not only by how it treats mental illness but by how well it protects the most vulnerable, and in this case children.

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