Tim Lombard (Fine Gael)
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This Commencement matter asks the Minister for Health to make a statement on the proposed human tissue Bill, which has been mooted for so long. I have raised this issue here previously. On 10 November 2021, I asked the Minister to make a statement on the incineration of baby organs in Cork University Maternity Hospital, CUMH, and asked what changes he proposed to bring forward.

The backdrop to this is a sad case in which the organs of 18 children in the maternity hospital in Cork were incinerated without the knowledge or licence of their parents. The parents were horrified that this happened. It was the subject of an "RTÉ Investigates" report afterwards. These poor kids were lost and their organs, which were kept to understand what happened, were subsequently destroyed by incineration in Antwerp, Belgium.

We have been talking about bringing forward legislation to make sure that this could never again happen. As a matter of principle, we should have legislation to ensure this kind of issue can be dealt with so we do not have a scenario in which parents are now protesting again and looking for information as to when this legislation might be brought forward.

The Minister of State, Deputy Butler, took my previous Commencement matter on this issue and gave me a commitment that the work of the Parliamentary Counsel was progressing and that the Bill would be published by the end of 2021. 2021 has come and gone and there is no legislation that I can see. The Bill started its progress through the Oireachtas in 2019. It was proposed in May 2019. The damning issue here is that the Bill brings forward recommendations from a report published in early 2006 by the then Minister, Mary Harney. We have been fighting since 2006 to bring this legislation all the way through the Oireachtas so that parents in this unbelievable scenario will have due responsibility and due rights when it comes to these organs that are being kept for medical research and an understanding of what happens.

This is a traumatic moment for people. They have been promised legislation continuously but it has not been brought forward. This is the safeguard and the safety net they require at all times so they can make sure that the incident we have seen in Cork, which has also happened in other jurisdictions, will never again happen.

I spoke about baby Hope Kelleher when I raised this issue previously. Her parents contacted me from Australia about the issue. Her organs were destroyed. The parents had hoped her organs could be buried in a family plot. Her organs were never brought back to them. We need a timeline brought forward to ensure this can never happen again. The families affected have heard promises, promises, promises. The human tissue Bill has gone around these Houses since long before I came here. I want a timeline as to when the Bill will be published so we can get this legislation on the Statute Book and offer due protection in order that what happened in Cork in 2020 can never again happen.

Frank Feighan (Sligo-Leitrim, Fine Gael)
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I thank the Senator for bringing this important Commencement matter to the floor of the Seanad.As committed to in the programme for Government, the enactment of the human tissue (transplantation, post-mortem, anatomical examination and public display) Bill remains a priority for the Government. It is complex legislation that will include provisions on organ donation, transplantation, hospital post mortem practice and procedures, anatomical examination and public display of bodies after death. In particular, the Bill seeks to further embed in legislation the idea that consent is a defining principle across all of these sensitive matters.

A key priority for the Government in bringing forward the Bill is to increase organ donation and transplantation rates and to make organ donations the norm in Ireland in situations where the opportunity arises. The human tissue Bill will help to achieve this through the introduction of a soft opt-out system of consent for organ donation under which consent will be deemed unless a person has registered a wish to not become an organ donor after death. The Bill will also legislate for living organ donation and altruistic donation, both of which will help to increase the donor pool in Ireland.

Given the complexity of the Bill, a number of challenges have been encountered in drafting the legislation that have had to be resolved before publication is possible. Among other things, officials have had to develop three separate regulatory frameworks and amend the extant EU directives of 2006 and 2012 accordingly. This has necessitated intensive engagement between the Department of Health and the Health Products Regulatory Authority, the Health Information and Quality Authority and the Medical Council. Department of Health officials have also undertaken an intensive round of engagement with stakeholders engaged in organ donation and transplantation over recent months to ensure the legislation meets the needs of this very important community.

As Senator Lombard is aware, as well as providing a legislative basis for organ donation and transplant the Bill will introduce a regulatory regime for the conduct of post mortems in hospital settings. Under the general scheme of the Bill provisions were to be restricted solely to hospital post mortem activities. However, in light of recent events a review is being undertaken to see whether an expansion of provisions to encompass certain aspects of coronial post mortem activities might be possible. Intensive engagement is ongoing between officials in the Department of Health and the Department of Justice with the Attorney General and his officials to find a resolution to this issue. Any solution found will be complementary to the recommendations of the recent HSE internal audit report on compliance by hospitals with the HSE standards and recommended practices for post mortem examination services and the work of the post mortem examination services group that is working on updating guidelines for post mortem practice. Department of Health officials continue to work on finalising the legislation and drafting the Bill and it is at an advanced stage. Government approval for publication of the human tissue Bill will be sought as soon as possible and is expected this Oireachtas term.

Tim Lombard (Fine Gael)
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I thank the Minister of State. To say I am disappointed is an understatement. It is almost verbatim word for word of what I heard from the Minister of State, Deputy Butler, 11 months ago on this issue. On that occasion she told me the Bill would be published before the end of 2021. Now we are saying it will be done towards the end of this Oireachtas term. This is a frightening statement. The past 12 months have come and gone. These parents have no security when it comes to the legislation that has been promised. They have been through an horrendous experience and they need the State to stand up and make sure the failure in the legislative process that allowed this to happen will be dealt with.

I fully understand this is a complicated issue. I fully understand the great need for consultation. From what I heard 11 months ago, and from what I have heard this afternoon, unfortunately I have no confidence we will have the legislation published. It is a priority in the programme for Government. It is a priority in the legislative programme. It has been this way since 2019. We are trying to bring forward legislation that will enact a report published by the then Minister for Health and Children, Mary Harney, in 2006.It is frightening that we do not have a timeline on when this legislation will be brought forward.

Frank Feighan (Sligo-Leitrim, Fine Gael)
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I again stress that the passage of the human tissue Bill remains a priority for the Minister of Health and the Government. While it is regrettable that publication of the Bill has been delayed, this reflects its complexity and the sensitivity of the areas is covers. The Bill will introduce safeguards to protect the integrity of the human body before and after death, and it will underpin the primacy of consent in these matters.

The legislation will support the Government's commitment to increase organ donation and transplantation in Ireland. More than €7 million additional funding has been provided for the development of services in recent years, which has, among other things, enabled the development of a dedicated national organ retrieval service, as well as the recruitment of additional staff across transplant services.

It is equally important that the regulation of the practice of post mortem examinations is advanced without inadvertently impacting on the crucial work of coroners. Officials in the Department of Health continue to work actively and intensively with the Attorney General and his office on resolving this and many other outstanding issues.