Medical law expert to complete report on human organ retention

Minister for Health Mary Harney has asked UCC law lecturer and expert in medical ethics Dr Deirdre Madden to complete a report on postmortem practices in Irish hospitals and the retention of human organs without the consent of relatives.

Dr Madden will draw on nearly 3,500 pages of documentation secured by the former Dunne Inquiry into the controversy, which the Government closed down at the end of March.

Ms Harney said yesterday the report of the Dunne Inquiry, which was submitted several weeks ago, could not be published in its present state.

Dr Madden is to examine the documentation obtained by the inquiry and agree terms of reference with the Department of Health in the coming weeks.

The Government has asked Dr Madden to complete the report on postmortem practices by the end of the year.

The representative group for families affected by the organ retention controversy, Parents for Justice, last night expressed "cautious optimism" at the appointment of Dr Madden to finalise a report.

In a statement last night Ms Harney said she had discussed the Dunne Inquiry report with the Cabinet on Tuesday and the strong legal advice from the Attorney General was that it could not be published in its present state.

Ms Harney said it was now necessary to appoint a relevant expert to examine the findings and the key points raised in order to provide the Government with a final report on postmortem policy and practices by the end of the year.

"I am disappointed that the Dunne report cannot be published in its current form, five years after the Government set up the inquiry," she added.

"Until this report is produced there cannot be closure on the matter for many families and next of kin affected by postmortem practice and organ retention," Ms Harney stated.

"The overall objective of the postmortem inquiry is to establish the facts, to report on them and to provide recommendations for the future so that closure may be put on the matter for all concerned."

She said that it was envisaged that "certain aspects of Dr Madden's work would be conducted in public and that she would engage with Parents for Justice and all relevant parties".

Ms Harney yesterday met representatives of the Parents for Justice organisation which, in general, welcomed the appointment of Dr Madden to complete the inquiry.

The group's spokeswoman Fionnuala O'Reilly said the organisation was gratified that the State had finally acknowledged the pain of families and established an investigative process. Ms O'Reilly said she hoped Dr Madden would complete the report efficiently and expeditiously.

The Dunne Inquiry received around €13 million in State funding. Hospitals and the Parents for Justice group have received around €8 million to cover their costs.