Dáil Éireann Debate, Wednesday - 20 March 2024
1534. Deputy Gino Kenny asked the Minister for Health following an Inquiry (details supplied) on the investigation into the retention of baby’s organs and other individuals whose organs were taken without their families consent, what procedures and protocols were given to notify individuals that their loved ones organs were removed; if apologies were issued to affected families; and if he will make a statement on the matter. [13238/24]
Amharc ar fhreagraThe Dunne Inquiry was established to investigate post-mortem practice and procedure in all hospitals in the State since 1970. The Inquiry commenced its work in March 2001 and submitted a report to the then Minister for Health in March 2005.
In May 2005, Dr. Deirdre Madden was appointed to examine the key points raised and findings in the Dunne Report and to provide Government with a final report on post-mortem policy and practice; this Report was published in 2006. 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. An independent audit of all retained organs in the State, which was commissioned by the HSE, was carried out by Ms. Michaela Willis and this report was published in 2009.
The HSE developed the "Standards and Recommended Practices for Post Mortem Examination Services" and circulated these to relevant hospital staff in March 2012. The overall aim of the 2012 guidelines for post-mortem examinations was to drive high quality post-mortem examination services, based on the prevailing legal requirements and in keeping with best professional practice. These guidelines were recently updated to HSE National Clinical Guidelines for Post Mortem Examination Services in April 2023.
The Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 was enacted in February 2024. Part 3 deals with Pathology Practice and implements many of the findings of the Madden Report from 2005. This will establish a new regulatory regime to ensure best practice is followed in the conduct of post-mortem examinations.
The Act introduces consent provisions for non-coronial post-mortems and sets out a clear framework for how consent is to be obtained and the information that must be given to individuals or their families when seeking such consent. The Act also provides for the regulation of the retention, storage, use, disposal and return of organs and tissue from deceased persons following all post-mortems in hospital settings, including those directed by a coroner.
The Act amends the Coroners Acts 1962-2024 to address issues with regard to material removed and retained from the deceased person in a post-mortem examination directed by a coroner.
This is something that families directly impacted by recent controversies have called for, and it is important that the legislation has not only acknowledged these requests but has addressed them.
