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Organ retention report 'robust' - Harney

Mary Harney - Promises speedy drafting of legislation
Mary Harney - Promises speedy drafting of legislation

The Tánaiste and Minister for Health, Mary Harney, has described the Madden Inquiry report into organ retention as robust.

Ms Harney said no parent should have had to cope with what happened. She said that legislation to deal with the issue would be drafted speedily.

The report published this afternoon has recommended urgent legislation to ensure no children's organs are obtained by hospitals in the future without parental consent.

It says 'grief and anguish' suffered by parents over organ retention was caused by a failure of doctors to communicate openly and honestly with families at the time of death.

The 140-page report into post mortem practice also criticised the Department of Health and Children for not co-ordinating the response to the controversy, which it says could have spared parents extra trauma.

Hospitals are criticised for insensitivity giving inaccurate information and delays when the controversy erupted.

The report says nearly 14,000 pituitary glands from children, but mostly from adults, were supplied to two drug companies to make products without the consent of next of kin. It says this practice was wrong.

'Doctor knows best' culture blamed

According to the report, the root causes of the controversy were a lack of communication with parents as to why organs were retained, different perspectives regarding their symbolic significance and an absence of legislation.

It concludes that doctors conducted post mortem examinations in line with best standards and did not cause intentional disrespect but it was down to a 'doctor knows best' culture.

The inquiry says it cannot reconcile views in individual cases, as to why parents were not informed of the practice which occurred mostly up to 1999. 

The controversy over organ retention began when four mothers claimed their deceased children's organs had been retained and later disposed of by a Dublin hospital, without their knowledge.

It led to the establishment of the campaign group, Parents for Justice, and the Government decision in 2000 to set up a private inquiry, headed by senior counsel, Anne Dunne.

That inquiry faced delays and the withdrawal of support from many parents affected over its lack of statutory powers.

The Dunne Inquiry was wound up by the Government last March without concluding its investigations and having cost around €13 million.

Dr Deirdre Madden, an expert in medical law and ethics, was then asked to complete the investigation.