Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I move amendment No. 54:

In page 61, between lines 29 and 30, to insert the following: “Amendment of section 2 of Act of 1962

56. Section 2 of the Act of 1962 is amended by—

(a) the insertion of the following definitions:

“ ‘Act of 2023’ means the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2023;

‘Authority’ means the Health Information and Quality Authority;

‘designated person’ means—

(a) in relation to a hospital, the person designated in that behalf by the hospital concerned to receive and act in accordance with authorisations from family members of deceased persons under section 33F, and

(b) in relation to a relevant facility, the person designated in that behalf to receive and act in accordance with authorisations from family members of deceased persons under section 33F;

‘Executive’ means the Health Service Executive;

‘healthcare professional’ means—

(a) a registered medical practitioner,

(b) a registered nurse or registered midwife within the meaning of section 2(1) of the Nurses and Midwives Act 2011, or

(c) a member of one or more of the following designated professions within the meaning of section 3 of the Health and Social Care Professionals Act 2005, namely:

(i) medical scientist;

(ii) psychologist;

(iii) social care worker;

(iv) social worker;

(v) such other designated profession within the meaning of the said section as the Minister considers appropriate and may prescribe by regulations;

‘hospital’ has the same meaning as it has in section 38of the Act of 2023;

‘operator’ means, in relation to a relevant facility, the person who has ultimate responsibility for the running of the relevant facility;

‘register of relevant facilities’ shall be construed in accordance with section 33J;

‘relevant facility’ means—

(a) the Dublin District Mortuary, or

(b) any other facility (howsoever described), other than a hospital, where post-mortem examinations take place in accordance with this Act and which is specified in the register of relevant facilities as being such place;

‘relevant sections’ means sections 33(2B), 33(2C), 33(2D), 33(3A), 33(3B), 33(3C), 33(3D), 33F, 33G, 33H, 33I, 33J, 33K, 33L, 33M, 33N and 33O;”,

and

(b) by the substitution of the following definition for the definition of “stillborn child”:

“ ‘stillborn child’ has the same meaning as it has in the Act of 2004;”.”.

The purpose of this group of amendments to the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022 is to amend the Coroners Act 1962. It is doing this to align the relevant legislative provisions ultimately providing parity of regulation across coronial and non-coronial post-mortem examinations within hospitals and other settings. We are inserting a new section to the human tissue Bill to amend the Coroners Act to include definitions required to aid interpretation of other amendments that are being made to the Coroners Act. New definitions to be inserted into the Coroners Act 1962 include: "Act of 2023"; "designated person"; "hospital"; "operator"; "register of relevant facilities"; and "relevant facilities". The definition of a stillborn child is also being updated.

We are amending section 33 of the Coroners Act to align with section 44 of the human tissue Bill. This is to ensure that pathologists can continue to be supported by professionals such as anatomical pathology technicians or designated medical scientists in the conduct of their work. On foot of this amendment, there are a number of consequential amendments being made, including to numbering regarding what is included in the meaning of "technical or clinical assistance" and the deletion of section 33B of the Coroners Act 1962. We are further amending section 33 of the Coroners Act to clarify that coronial post-mortem examinations that take place in a hospital will be subject to regulation, under regulations to be introduced under the human tissue Bill. Meanwhile, coronial post-mortem examinations that take place in non-hospital sites will be subject to regulation under the regulations to be introduced by the Minister for Justice under the Coroners Act 1962.

In respect of the regulation of coronial post-mortem examinations, whether under the human tissue Bill or the Coroners Act 1962, we have further amended the relevant clause to expand responsibility for attained material, to ensure sufficient scope within the legislation to regulate this. We are deleting section 56(b) because we are no longer amending section 33(3) of the Coroners Act. We are further making an amendment to substitute new text in section 33 of the Coroners Act for the existing amendment under section 56(c). The purpose of this is to more clearly set out the process to be followed for engaging with a family when a coronial post-mortem examination has been directed by a coroner. This also clearly sets out the information that must be provided to the family and at what stage of the process. Under this amendment, the family will be told if material has been retained as part of the post-mortem examination as soon as is possible after the examination. The amendment also provides for arrangements to be made for the burial, cremation or return of material when retention is no longer necessary and sets out the information that must be provided to a family when determining their wishes. Under this amendment, the coroner can delegate duties to mortuary or hospital staff where appropriate. The amendment has been drafted in consideration of the updated HSE national clinical guidelines for post-mortem examination services 2023 and in consultation with the chair of the review group that drafted these new guidelines.

Finally, we are amending section 57 by substituting in new text for the previous amendments. These new provisions are required to regulate coronial post-mortem examinations in both hospital and non-hospital sites, such as the Dublin city mortuary. The provisions correspond, where appropriate, with those in the human tissue Bill for management of non-coronial post-mortem examinations, while also recognising the statutory independence and legal obligations of the coroner. The amendments set out the actions to be taken by the designated person, the facility where the post-mortem examination has been carried out to give effect to the family’s wishes for material retained from the post-mortem examination, the regulations that legally underpin activity, depending on the location of the post-mortem examination, the steps to be taken when there has been no direction from the family or other appropriate person and the steps to be followed when a designated person is not able to undertake his or her duties under the legislation. The amendments also give the Minister for Justice the powers to make regulations for the management of post-mortem examinations in non-hospital locations, and the Minister should be consulted in the drafting of these.

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