Breeda Moynihan-Cronin (Kerry South, Labour)
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Question 167: To ask the Tánaiste and Minister for Health and Children the reason the organ retention inquiry is the only inquiry in the history of the State that has been abandoned before reaching a conclusion; the steps taken by her to ensure that no human tissue or organs will ever again be retained during post mortem and used for research or teaching or sold to any pharmaceutical company or other institution without full informed consent of the next of kin; and if she will make a statement on the matter. [28800/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Following a review of all inquiries by the Attorney General during mid-2004, the Government decided in September 2004 that the Dunne post mortem inquiry should submit its report on or before 31 March 2005, on which date the inquiry would cease to exist. The chairman, Ms Anne Dunne SC, submitted her report on the due date. However, following consultation with the Attorney General, I was advised that for legal reasons the report could not be published. On 3 May 2005 the Government approved the appointment of Dr. Deirdre Madden BL, to complete a final report on post mortem practice and procedure. I expect Dr. Madden to present her report on 21 December 2005.

In late 1999, my Department wrote to all health boards and hospitals requesting that they ensure that a policy of informed consent should operate in regard to the retention of organs following post mortem examination, pending the issue of guidelines by the faculty of pathology. These guidelines for post mortem consent and retention of tissues at post mortem examination were issued by the faculty in February 2000.

The Health Service Executive has confirmed that guidelines and protocols are in place for families in regard to both coroners' and non-coroners' post mortems. In accordance with these guidelines, families are to be informed when retention takes place in a coroner's post mortem and permission is to be sought to retention in the case of a non-coroner's post mortem.

European Directive 2004/23/EC requires member states to endeavour to ensure voluntary and unpaid donation of tissues and cells for human applications. The directive, which must be transposed into national law by 7 April 2006, will also make informed consent mandatory.