Written answers

Thursday, 11 February 2010

Department of Health and Children

Proposed Legislation

5:00 pm

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 24: To ask the Minister for Health and Children when the Human Tissue Bill will be published; the further information she will put into the public arena in relation to the use of children's organs without parental consent; and if she will make a statement on the matter. [6982/10]

Photo of Mary HarneyMary Harney (Dublin Mid West, Independent)
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I intend to bring a draft General Scheme of a Human Tissue Bill to Government as soon as possible for its approval. Subject to this approval, I will publish the General Scheme of the Human Tissue Bill. The purpose of the legislation is to meet the key recommendation of Dr. Deirdre Madden's '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 and to address related issues. The scope of the legislation will include the removal, retention, storage, use and disposal of human tissue from deceased persons.

Among other issues, Dr Madden's report inquired into the policies and practices relating to the removal, retention and disposal of organs from children who have undergone post-mortem examination in the State since 1970. Dr Madden's report was published in 2006 and it included her findings on policies and practices, together with a set of recommendations on the importance of legislation in this area. A subsequent report of a Working Group, also chaired by Dr Madden, on other areas of post-mortem practice and procedures was published in November 2006. In line with one of the recommendations in Dr Madden's report, an independent audit of all retained organs in the State was carried out by Ms Michaela Willis and this report was published in 2009.

The forthcoming human tissue legislation will address the issues arising from both of Dr. Madden's reports. In light of the publication of both Dr Madden's reports in 2006 and the Retained Organs Audit in 2009, I have no further information on the use of children's organs without parental consent that can be put into the public arena.

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