Written answers

Wednesday, 27 September 2006

Department of Health and Children

Organ Retention

8:00 pm

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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Question 133: To ask the Minister for Health and Children if she will publish in full the report of the Dunne inquiry into organ retention in view of the release of the executive summary under the Freedom of Information Act 1997; and if she will make a statement on the matter. [29465/06]

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 150: To ask the Minister for Health and Children the measures she intends to take to ensure that the recommendations contained in the Report of the Dunne Post Mortem Inquiry are given full effect; if she intends to introduce human tissue legislation; if she will provide a timeframe for implementation of the recommendations and any legislation; and if she will make a statement on the matter. [29546/06]

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 768: To ask the Minister for Health and Children her proposals to release documents to Parents for Justice (details supplied); and if she will make a statement on the matter. [29750/06]

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 133, 150 and 768 together.

When Ms Anne Dunne SC presented her report and appendices on post mortem practice to me in March 2005, I was advised by the Attorney General that the full report was unpublishable for legal and natural justice reasons. Some sections of the report were released on 18 July last in response to a request under the Freedom of Information Acts from Parents for Justice. However, in the light of the legal advice available to me, I have no plans to publish the full report.

Dr.Deirdre Madden, a distinguished expert on medical law, was appointed by Government in May 2005 to provide me with a report on key issues relating to post mortem practice and procedures. Dr. Madden had access to all of the documentation assembled by the previous Inquiry chaired by Ms Dunne.

Dr. Madden's report on Post Mortem Practice and Procedures was published on 18 January this year. It contains 50 recommendations which my Department in conjunction with the HSE and other relevant agencies are in the process of implementing.

The HSE has set up a committee to oversee implementation of recommendations relevant to its responsibilities. Work in progress includes:

conducting an independent audit of retained organs in hospitals

the development of national protocols and guidelines

the standardisation of practice

content of a national information and awareness campaign.

A key recommendation of Dr. Madden's report was that a Working Group be established to examine issues not included in her original terms of reference, that is post mortem issues relating to babies who died before or during birth, minors and adults. This Group, again chaired by Dr Madden, was set up in March, 2006 and its membership includes representatives of Parents For Justice. It will report in October.

In relation to legislation, Regulations were put in place in April to transpose Directive 2004/23/EC on quality and safety of tissues and cells, which include the requirement for consent prior to retention of tissues and cells. An examination of what other Irish tissue legislation is needed is underway, with a view to progressing this legislation as a priority in 2007.

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