Leo Varadkar (Dublin West, Fine Gael)
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Question 34: To ask the Minister for Health and Children the legal situation regarding the retention of organs by pathologists without the consent of the next of kin and their subsequent sale by hospitals; and if she will make a statement on the matter. [35310/08]

Leo Varadkar (Dublin West, Fine Gael)
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Question 35: To ask the Minister for Health and Children when she will introduce legislation with regard to consent for the retention of organs by pathologists and hospitals; and if she will make a statement on the matter. [35311/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 34 and 35 together.

The Deputy may be referring to the supply of pituitary glands by hospitals to pharmaceutical companies for the production of human growth hormone between 1976 and 1988. Dr. Deirdre Madden, a distinguished expert on medical law, was appointed by Government in May 2005 to provide a report on key issues in paediatric post mortem practice and procedures, including the issue raised by the Deputy. Dr. Madden addressed the matter in detail in Chapter 6 of her report (the Madden Report) and concluded that "These glands were consistently taken at post-mortem examination without any specific consent of parents or next-of-kin and without any statutory regime in place for so doing." In relation to the question of payment she stated that "The payment made was modest and was not a payment for the pituitary gland itself but for the additional work required in its recovery and storage, pending delivery to the pharmaceutical companies concerned." The Madden Report recommended that:

1. No human organs removed from a deceased child at post-mortem examination should be supplied by hospitals to any pharmaceutical company or other third party without the knowledge and authorisation of the parents.

2. Where such organs are supplied, arrangements should be clearly approved by hospital management and documented, and all information supplied to the parents on request.

3. The use of human organs derived from post-mortem examinations should be regulated by law.

On 23 September last, the Government approved the preparation of the General Scheme and Heads of a Human Tissue Bill to regulate post-mortem examination, including the removal, retention, storage, use and disposal of tissue; anatomical examination; public display; import/export of human tissue from deceased donors and consent for the use of donated tissue from living and deceased persons for the purpose of transplantation and research. It is also proposed that the legislation will prohibit the commercialisation of human tissue from living and deceased donors for transplantation.

The proposed legislation will address hospital post-mortems, which are voluntary procedures, as distinct from coroners' post-mortems which are part of the legal process of determining the cause of death and which come within the ambit of the Coroners Act 1962. The legislation will take account of the recommendations made in the Madden Report and consent/authorisation will be the defining principle underpinning any of the specified activities involving human tissue.