An Cathaoirleach: I welcome the Minister of State back to the House. Amendments Nos. 37 and 38 are related. Amendment No. 38 is a physical alternative amendment No. 37. The amendments may be discussed together by agreement. Is that agreed? Agreed.

Government amendment No. 37:
In page 23, to delete lines 6 to 20 and substitute the following:
“(c) that in the case of a child who is aged 16 years or older—
(i) it shall be presumed that the child has the necessary maturity and capacity to make decisions affecting himself or herself in relation to his or her admission, care and treatment under this Act, and
(ii) the views of the parents or guardian or the Agency shall be recorded;
(d) that in the case of a child who is under 16 years of age and is capable of forming his or her own views, where practicable—
(i) the child shall be consulted at each stage of diagnosis and treatment,
(ii) the views and will and preferences of the child shall be recorded and given due regard, and
(iii) regard shall be given to the age and maturity of the child;”.....

Amendments Nos 39 to 41, inclusive, not moved.
Senator Frances Black: I move amendment No. 42:

In page 23, between lines 29 and 30, to insert the following:

“(2) No child shall be precluded from accessing mental health care or treatment by virtue of the fact that they are acutely drug or intoxicant affected, or are addicted to drugs or intoxicants.”...

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