Bernard Allen
Question:217 Mr. Allen asked the Minister for Health and Children the members of the commission set up to inquire into pathology practice in hospitals; and if there is a time limit on its deliberations. [10424/00]
Written Answers. - Tribunals of Inquiry.
Question:
281 Mr. Hayes asked the Minister for Health and Children the reasons he has refused to establish a tribunal of inquiry in connection with the issue of organ retention; and if he will make a statement on the matter. [10780/00]
I propose to take Questions Nos. 217 and 281 together.
I assume the Deputy is referring to the inquiry into all issues relating to post-mortem examinations, organ removal, organ retention and organ disposal, which I announced on Wednesday, 9 February 2000.
Last week I outlined the details of the format of the inquiry which will essentially be conducted in two phases. The first phase of the inquiry will be headed up by Ms Anne Dunne, who is an eminent senior counsel.
The terms of reference for the inquiry provides that the inquiry will make its final report within six months. On receipt of this report I will then table a motion that the report be presented to the Oireachtas Joint Committee on Health and Children. The committee has powers of compellability and discoverability available to it under the Committee of the Houses of the Oireachtas (compellability, privileges and immunities of witnesses) Act, 1997.
I considered a full range of options with regard to the format of the inquiry and decided that the non statutory inquiry, as outlined above, is the most appropriate. The advantages of a non statutory inquiry include: the needs and concerns of the parents representative group Parents for Justice can be met by this route, speed of establishment, flexibility in its approach and less rigid in its implementation; relatively informal and less adversarial, and it can deal with the painful issues involved over a shorter period of time.
In announcing the inquiry I clearly stated its purpose will be to establish the full facts in regard to past practice relating to post-mortem examinations and I am confident that the format proposed will succeed in this.
I am very aware that considerable trauma and sorrow has been revisited on parents and next of kin by the disclosures in recent months relating to post-mortem examinations. I fully recognise that all affected are anxious that a professional inquiry be conducted which will allow for the full facts to emerge. I am confident that the inquiry as outlined will provide a new context in which all relevant issues can be dealt with and that the inquiry will assist everybody concerned in moving forward in a spirit of co-operation and mutual respect between patients and service providers to the benefit of all those who rely on our health services.
Having considered all the options, including establishing a tribunal of inquiry, I am of the opinion that the best way forward lies in the proposed non statutory route supported by allowing for referral to the Oireachtas Joint Committee on Health and Children.