Michael D Higgins (Galway West, Labour)
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Question 152: To ask the Tánaiste and Minister for Health and Children the steps she intends to take on implementing the human tissues legislation which has been long promised in view of the recent publication of the Madden report on organ retention; and if she will make a statement on the matter. [3028/06]

John Gormley (Dublin South East, Green Party)
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Question 221: To ask the Tánaiste and Minister for Health and Children the reason there will be no report on the information collected by the Dunne inquiry in relation to stillbirths and maternity hospitals. [3085/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 152 and 221 together.

The Madden report on post mortem practice and procedure, which I published recently, contains some 50 recommendations. Some of the recommendations are exclusively the remit of my Department, for example, the formulation of human tissue legislation, others are a matter for the HSE, for example, an audit of organs retained in hospitals, and others fall under the aegis of other agencies, for example, the coroners' legislation is a matter for the Department of Justice Equality and Law Reform. My Department is examining each of the recommendations in consultation with relevant bodies. I have asked for an action plan to be prepared for the implementation of the recommendations and progress made will be closely monitored.

EU Directive 2004/23/EC which sets quality and safety standards for procurement, testing, processing, preservation, storage and distribution of tissues and cells is in the process of being transposed into Irish law. This legislation will only deal with tissues and cells for human application.

As regards stillbirths and maternity hospitals, Dr. Madden had access to all of the information collected by the Dunne inquiry, with particular reference to the issue of pituitary glands which is dealt with in chapter six of her report.

As recommended in the report, I am establishing a working group to examine issues pertaining to non-paediatric post mortems, that is, babies who died before or at birth, minors and adults. I have asked Dr. Madden to chair the group and will announce the full membership shortly.