Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

It is important that we support and develop organ donation and transplantation in Ireland, and this soft, opt-out system of consent is how we will do that. Nevertheless, we must communicate that message effectively. The Bill will bring in a system whereby a willingness for organ donation will be assumed unless, while alive, the person registered his or her wish not to become an organ donor after death. It will also introduce frameworks for living donation, including for non-directed, altruistic donation.

Sadly, tragedy happens, and many people who may have wished to donate organs after death might not have had time to discuss the issue with their families. Often, their desires are not acted on because that conversation was never had. Nobody likes talking about death, but this is one way that those who would like to donate will get that chance automatically unless they have expressed that they do not wish to do so. I welcome the fact the Bill addresses the concern raised in the Madden report on the post mortem practice and procedures for 2005 by introducing a statutory requirement for consent for non-coronial post mortems and providing for the regulation of post mortems in hospital settings. Too often, families have suffered because there has been no consent sought or no regulation of a post mortem. What kind of public awareness campaign is planned for this issue?

Another issue relates to the amendment of section 57 of the Coroners Act to introduce a far more formal process for the final interaction between a coroner, the family and a nominated person in a hospital or other facility. My concern relates to the lack of coroners in Ireland. Carlow currently has a deputy and a coroner shared with Portlaoise, and there can be delays for families. Money and resources are going to be so important in this regard. I understand the part-time nature of the coroner system often means families are made to wait longer for a decision than would be satisfactory. What steps are being taken to address the lack of resources in the coronial system?

Are new positions being created in hospitals to facilitate guiding families through the process, or will it be left to the doctor who declared the death? Will hospitals be resourced with social workers or guidance professionals for families? I would be deeply concerned if new steps were put in place and already-hard-pressed staff were expected to add that task to their very busy working day. A coroner must now ensure family members will be made aware as soon as is practicable, and that any material retained following a post mortem examination is no longer required. Are procedures being put in place for the reunification of that material, should the families so desire, with the loved one?

I am also concerned that where no authorisation has been received or where efforts to make contact have been unsuccessful, a coroner is authorised to direct the disposal of material. Such material may include material consideration of an historical nature, which may have been stored for a long period and whose retention serves no further purpose. It still relates to someone, however. What measures are being put in place to ensure this disposal will be carried out with dignity and respect?

I recently received a phone call from a constituent who is very much in favour of the Bill. While she said it was appropriate that we get it passed as soon as possible, she asked me to ask the Minister why, when the Bill concerns death, it contains no definition of a "death”. Would that change depending on the setting where the death is said to have occurred? Would it be open to medical opinion? The death of a prospective donor should be clearly established before vital organs are removed for transplantation.

Not to reiterate what other Deputies said, I very much welcome the Bill. It has the potential to affect many families. As one Deputy said earlier, it is about the gift of life. I know of one family who have gone through this process and it has been exceptional for the person who received the transplant. The Bill is very positive, although some questions will need to be answered and the proposal will need funding. Will the Minister revert to me with responses to my questions at his convenience?

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