Leo Varadkar (Dublin West, Fine Gael)
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Question 462: To ask the Minister for Health and Children her plans to introduce legislation regarding the retention of human tissue samples by hospital or clinical bodies; and if she will make a statement on the matter. [30051/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Proposals for Human Tissue legislation are currently being developed by my Department. The purpose of the legislation will be to meet the key recommendation of the Madden Report on Post Mortem Practice and Procedures that no post-mortem examination should be carried out and no tissue retained for any purpose whatsoever without authorisation. The scope of the Bill will include comprehensive provisions on the removal, retention, storage, use and disposal of human tissue from deceased persons, and related matters.

Consent for retention and use of human tissue once the Coroner's process has been completed will also be provided for, and will complement the provisions in the Coroners Act 1962 and the Coroners Bill 2007 which is awaiting Committee stage in the Seanad.

The legislation will encompass consent procedures for the use of tissue from deceased donors for research and transplantation. One of the related matters which is being considered for inclusion is a similar provision for living tissue donors. Retention of tissue donated for the purpose of research will be addressed in the context of obtaining informed consent.