Teenagers aged 16-17 should be allowed to access contraception without parental permission, according to a 
new report by the Law Reform Commission (LRC).
This is in spite of research from the UK showing that allowing teenagers easier access to contraception does not reduce rates of teenage pregnancy, and may be associated with higher levels of sexually transmitted infections (STIs).
Also, it is despite the fact that the age of consent in Ireland is 17. Taoiseach Enda Kenny in 2006 strongly supported keeping the age of consent at 17.
The report follows a consultation paper published by the LRC in 2009, which proposed that 16- and 17-year-olds should be allowed to consent to and refuse medical treatment including surgery and contraception.
It also proposed that 14-and 15-year olds should be allowed to make their own decisions about medical treatment provided they understand the nature and consequences of the treatment. This would also include access to contraception without their parents’ knowledge or permission, The Irish Times reports.
The latest LRC paper seems to have drawn back from this particular recommendation.
At the time, the proposals drew criticism from leading parents group the National Parents’ Council (NPC), who said that it had serious concerns about handing over decision-making powers in relation medical and health matters to 15-to 17-year-olds.
The proposal would put us in line with British law. The pregnancy rate among British teenagers aged under 16 is six times higher than here. It is twice as high among 18 and 19 year olds.
The Association of General Practitioners (GPA) also criticised the LRC proposal when it was first mooted, saying that children who have an idea of what is in store medically are the exception, rather than the rule.
The proposals also drew from Professor David Paton, an economist from the University of Nottingham.
Professor Paton, an expert in UK teen pregnancy strategies, in a submission on behalf of the Iona Institute to the LRC, noted that rates of teenage pregnancy in Ireland were far below those in England and Wales.
Comparing Irish pregnancy rates for under-16s with those in England and Wales (where parental consent for contraception is not required), he found there “were an estimated 73 pregnancies to Irish girls below the age of 16, a rate of 0.91 per thousand girls aged 13-15.”
According to the data, these comprised 27 abortions conducted in England and Wales and 46 births.
Professor Paton wrote: “The comparable rate for England & Wales was 5.51 per thousand, over 6 times higher than in Ireland.”
In his paper, Professor Paton said that the Irish rate of teenage pregnancy here was amongst the lowest in Europe.
This latest report, Children and the Law: Medical Treatment will, be published by Minister for Children Frances Fitzgerald this evening.
The report, reflecting this consultation, includes a draft Bill.
It argues 16- and 17-year-olds should be regarded as “young persons” with the capacity to make judgments about their own health and wellbeing.
Children under that age should also have their views taken into account, but should not be regarded as having the capacity to consent to or refuse medical treatment. The report suggests that, in exceptional circumstances, some children aged under 16 may have such maturity.
The LRC report also sets out considerations that should be taken into account in assessing whether this is the case, including the nature, purpose and utility of the treatment and its risks and benefits; the stability of the child’s views and whether they reflect the child’s values and beliefs; and any other specific welfare, protection or public health considerations.
Where any person under 18 refuses life-sustaining treatment an application to the High Court would be required to decide on the validity of the refusal.
The report also recommends 16- and 17-year-olds should be enabled to make advanced care directives, specifying their treatment in the event of future loss of capacity to make decisions due to accident or progressive illness.
It recommends the development and publication of a code of practice by the Minister for Children, in consultation with the Minister for Health, based on the assistance of a broad-based working group, to provide detailed guidelines to supplement the legislation.