Dáil Éireann debate -
Wednesday, 28 Jun 2000

Vol. 522 No. 3

Written Answers. - Post-Mortem Examinations.

Alan Shatter

Question:

185 Mr. Shatter asked the Minister for Health and Children if agreement has been reached with the Parents for Justice group on the terms of reference of the inquiry into organ removal and retention by hospitals without parental consent; the remaining areas of disagreement; when the inquiry will commence; and the resources made available for the inquiry to date. [18415/00]

Minister for Health and Children (Mr. Martin):

As the Deputy will be aware I have already 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 appointed Ms Anne Dunne, senior counse,l to head up the first phase of the inquiry. On completion of the first stage of the inquiry, a report will be made available to me. 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.

The organisation Parents for Justice has expressed some concern in relation to the terms of reference for the inquiry. The group's main concern is that the terms of reference do not specifically require the inquiry to publicly name persons whom the inquiry might regard to be 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, it should be noted that the absence of such a term of reference does not preclude the inquiry from specifying in its report whatever detail it deems necessary. Following previous consultations with Parents for Justice the terms of reference were amended 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 arranged for the group's legal advisers to meet with the Attorney General to discuss this issue and I understand that these discussions are ongoing. I consider it important that these discussions ensure a full and complete understanding and appreciation of the views of all concerned.

The Deputy will appreciate that an inquiry of this nature takes time to establish in terms of putting in place the necessary facilities and acquiring the appropriate resources for it to function properly. Officials in my Department have identified the legal, medical and administrative support required by the inquiry and this is currently being arranged. Also my Department is working with the Office of Public Works to secure appropriate accommodation as soon as possible. The Deputy can be assured that arrangements are being made so that all necessary support is available to the inquiry to commence its important work at the earliest possible date.