Willie Penrose (Westmeath, Labour)
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Question 14: To ask the Tánaiste and Minister for Health and Children the action she intends to take arising from the publication of the Madden report into organ retention; when she intends to introduce the long promised human tissue legislation; and if she will make a statement on the matter. [8556/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Madden Report on Post Mortem Practice and Procedures contained 50 recommendations. Some of the recommendations, such as the formulation of human tissue legislation, are a matter for my Department. Others, such as an audit of organs retained in hospitals, are a matter for the HSE, 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 officials have met officials from the National Hospital Office, NHO, and have agreed that a national implementation group will be set up by that office to oversee implementation of the recommendations in the report. This group, on which my Department will be represented, will hold its first meeting before the end of this month.

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 be announcing the full membership shortly.

In relation to legislation, Dr. Madden's report recommended that "communication and authorization are vital, and must be enshrined in legislation". My officials, in consultation with key agencies, are examining the gaps in Irish legislation and they have started work on drafting legislation to address these gaps.

The heads of a Bill for a new coroners Act have been prepared by the Department of Justice, Equality and Law Reform. That Department is examining the implications, if any, Dr. Madden's recommendations will have for this legislation.

EU Directive 2004/23/EC relating to standards of quality and safety of tissues and cells for human application must be transposed into Irish law by 7 April 2006. The regulations that will transpose the directive will deal with the donation of tissues and cells to another living person, but not with procurement or donation for research or clinical investigation.