Not long after coming into office, I announced my intention to hold an inquiry into post-mortem examination, policy, practice and procedure in the State since 1970. The inquiry will be conducted in two phases and I have confirmed that I have appointed Ms Anne Dunne, Senior Counsel, to head up the first phase.
The terms of reference stipulate that the inquiry will make its final report, including its findings to the Minister for Health and Children, within six months unless otherwise determined by the Minister. It will make recommendations to the Minister on any changes it considers necessary on foot of its findings. 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, on considering the report, will come to its own conclusions having regard to the terms of reference of the inquiry, holding a public hearing and calling witnesses as appropriate.
While the terms of reference for the inquiry were drawn up after consultation with a number of parties, including Parents for Justice, the arrangements for the inquiry are a matter solely for Ms Dunne. I understand she is currently putting in place the resources, including support staff, which she deems necessary to conduct the inquiry, and expects it to commence in the very near future.
Parents for Justice have expressed concerns relating to three issues. The first refers to the scope of the inquiry with particular reference to circumstances surrounding post-mortems which relate or should relate to the coroner. I have clarified that the terms of reference refers to all post-mortem examinations carried out in the State since 1970 and, as such, this will encompass those post-mortem examinations carried out in the circumstances of concern to Parents for Justice.
The second concern relates to the fact that the terms of reference do not specifically require the inquiry to publicly name persons who the inquiry might regard as culpable in any way for any wrong doing which may have occurred. The legal advice available to me is that the terms of reference should not contain a specific reference in this regard and in any event such a reference would not be in accordance with the principles of natural justice. However, the absence of such a term of reference does not preclude the inquiry specifying in its report whatever detail it deems necessary. The terms of reference were amended following consultations with Parents for Justice by the inclusion of the word "findings" in the fifth paragraph to ensure that the inquiry would provide a comprehensive report which would not merely confine itself to conclusions, opinions or recommendations. In addition, I recently arranged for the legal representatives of Parents for Justice to meet the Attorney General and this issue is currently subject to discussion between these parties.
The third concern of Parents for Justice relates to the absence of a guarantee that in the event that the health agencies or health personnel concerned fail to co-operate with the inquiry, a statutory inquiry would be established. As Minister for Health and Children I expect that all hospitals and their personnel will fully co-operate with this inquiry and my Department has received confirmation in this regard. I would consider it most inappropriate if such co-operation is not forthcoming.
Additional information.I also emphasise that the second stage of the inquiry, the referral of the report to the Oireachtas Joint Committee on Health and Children for consideration, has a statutory basis and the committee has powers of compellability and discoverability and may hold a public hearing and call witnesses as it deems appropriate. The Deputy will appreciate that I want the inquiry to be carried out in an non-adversarial fashion and I want to ensure that it establishes the facts to the satisfaction of all concerned while at the same time preserving the independence and integrity of the inquiry. I hope the inquiry will also help to relieve the hurt and distress which has been caused to thousands of parents and relatives and that the outcome will ensure that no such hurt will ever occur again.