Enda Kenny (Mayo, Fine Gael)
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Question 199: To ask the Tánaiste and Minister for Health and Children the reason the Parents for Justice Limited group were neither consulted nor included in the drawing up of the terms of reference for the Madden inquiry as promised by her on 4 May 2005; the reason the inquiry has been restricted to include only children born alive but who died before the age of 12 years; if she will confirm that the terms of reference do not require the inquiry to deliver findings as compared to recommendations; and if she will make a statement on the matter. [27142/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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On 1 September 2004, following an examination of the work of all inquiries by the Attorney General, the Government decided that the post mortem inquiry should furnish its final report not later than 31 March 2005 and that the inquiry would then cease to exist. The chairman of the inquiry, Ms Anne Dunne, SC, was so advised and requested to furnish her report to me on or before that date.

She submitted her report on the due date. However, having examined the content of the report, the Attorney General advised me in April that it could not be published, for a number of legal reasons. The Government subsequently approved the appointment of Dr. Deirdre Madden, a distinguished expert on medical law and ethics, on 3 May 2005 to provide me with a report on post mortem policy and practice by 21 December 2005.

Following her appointment and prior to finalisation of her terms of reference, Dr. Madden met various groups including Parents for Justice. She also spoke to key persons in Northern Ireland and the UK who were involved in similar inquiries. In view of the tight timeframe for her work and in order to deliver a comprehensive report by the December deadline, it was decided to concentrate on children born alive and under 12 years of age. Her terms of reference also include inquiring into allegations that pituitary glands were removed from children undergoing post mortem examination for sale to pharmaceutical companies within and outside the State.

Dr. Madden will inquire into, examine and review various aspects of post mortem practice and organ retention and will report on her findings and observations on each matter. She will also make recommendations on policy and legislative changes which she considers necessary. I am hopeful that Dr. Madden's analysis of the material available and her contact with relevant agencies will result in a comprehensive report that will help to put closure on the matter for the many families and next of kin affected by post mortem practice and organ retention.