The Post Mortem Inquiry

   Following an intensive lobbying campaign on 9th. February 2000, The Minister for Health, Mr. Micheal Martin T.D. announced the establishment of a State Inquiry into Post Mortem practice and procedure in the State 197o. The Inquiry, chaired by Ms. Anne Dunne S.C. began its work on 5th, March 2001. The valuable work of The Dunne Inquiry is ongoing. Parents for Justice have afforded their co-operation to this Inquiry in the hope that it will provide answers to the many legitimate and troubling questions that surround past post mortem practice. It is also the hope of the group that the Chairperson's report will make recommendations which will ensure that past practices will not be repeated and that current/future practices will be in line with best international practice.

   Since the above date the Inquiry Team have invited submissions from parents and next of kin and other interested parties. The Inquiry team have received quite a number of submissions. They have been reading through these and since October last, they have been inviting families into the Post Mortem Office for an oral hearing. This is a non contentious hearing and many members of Parent for Justice have attended. The feedback we have received from members who have already attended is very positive indeed. The closing date for submissions was 5th. March 2002, but if any family has not yet received clarification of organ retention, they may contact the Post Mortem Inquiry office at 01 - 8870042 and every effort will be made to facilitate them. They may also contact Parents for Justice at 01 - 4508194.

   At a recent meeting between Parents for Justice and The Inquiry team, we learned that while quite a large numbers of families have been called in for oral hearing, they have not yet completed this part of their investigations. The Inquiry Team were not in a position to tell us when we can expect the chairpersons, Anne Dunne's, report. The Inquiry Team also stated that the level of co-operation it is experiencing is very encouraging indeed.

Post Mortem Inquiry - Public Notice

   The Inquiry to review all Post Mortem examination policy, practice and procedure In the State since 1970 and, in particular, as it relates to organ removal, retention, storage and disposal by reference to prevailing standards both in and outside of the State, and related matters, has recently commenced its work.

   The first phase of the work involves consideration of the Terms of Reference, the interpretation of those terms, research, the drafting of a detailed programme for the Inquiry and the determination of the manner in which it will operate together with consideration of the practical and legal issues involved. The Chairman is being advised by counsel to the Inquiry on all of these issues.

   This phase of the work will conclude shortly with the publication of the Terms of Reference together with the interpretation of same by the Chairman for the assistance of all relevant persons and bodies. Thereafter the Inquiry will embark upon the principal phase of its work which will include the seeking and consideration of documents, the obtaining and consideration of witness statements and submissions, research in relation to the issues and, in due course, the taking of oral evidence.

   The Inquiry would welcome the assistance of any persons or bodies who might be in a position to contribute to its work. With effect from the 5th day of March, 2001 the Inquiry may be contacted at:

Post Mortem Inquiry.
Inquiry Office, 3rd Floor,
2/3 Parnell Square East, Dublin 1.
Telephone 01-887 0042
Fax 01-887 0056

Terms Of Reference

   To review all-post mortem examination policy, practice and procedure in the State since 1970, and in particular as it relates to organ removal, retention, storage and disposal by reference to prevailing standards both in and outside of the State. To examine the application of these policies, practices and procedures in hospitals, generally and in particular their application in the hospitals listed in the Appendix.

   The inquiry will address the hospitals' policies, practices and procedures in this area of organ removal, retention, storage and disposal, the necessity for such practices and the manner in which they were carried out. The inquiry will take account of best practice regarding post-mortem examinations in and outside of the State together with the reasonable expectations of parents of deceased children and next of kin In such circumstances. In particular, the inquiry will:

(a) examine the hospitals' policies and practices relating to obtaining consent from parents and next of kin for post-mortem examinations, organ removal, retention, storage and disposal.

(b) examine the hospitals' procedures and practices relating to retained organs, including the reasons for such retention, the hospitals management of such retention and storage of organs (including record keeping) and of any other arrangements relating to such organs and the practices adopted for ultimately dealing with retained organs including any arrangements with pharmaceutical companies in relation to those retained organs;

(c) review the nature and appropriateness of the hospitals' overall response to parents of children and next of kin of persons on whom a post-mortem examination was performed.

(d) examine any specific cases in any hospital as it deems
appropriate in relation to post-mortem examinations and post-mortem examination related matters.

   However, it will be at the discretion of the inquiry to examine any other relevant matters which arise in the course of the inquiry in relation to post-mortem examination policy, practice and procedure in the State since 1970.
In these Terms of Reference post-mortem examination refers to any post-mortem examination including, where appropriate, any post-mortem examinations directed by the Coroner.
   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.
   The report will include confirmation that the inquiry received all the information and co-operation from health agencies, persons employed therein and any other persons, which it considered necessary to form its opinions and to arrive at its conclusions. In the event of deficiencies arising in these areas, which the inquiry considers materially, limited the scope of its investigations the report will identify same.

Interpretation Of Terms Of Reference

As Chairman of the Inquiry, I am of the opinion that the Terms of Reference require the following interpretation by me, namely:

1. The term "organ" will have the meaning "human material" and will include all human material, howsoever and in whatsoever form, retained.
   
   
2. The term "hospitals" means all hospitals within the State in which post mortem examinations were carried out and/or hospitals which requested, directed or authorised post mortem examinations to be carried out at another location, since 1970, and in particular - but not exclusively - the hospitals listed in the Appendix.
   
   
3. Where necessary the Inquiry will consider relevant matters arising prior to 1970.
   
   
4. In relation to sub-paragraph "c" of the Terms of Reference, the response of the hospitals to parents and next-of-kin will mean the response before or after the time of the post mortem examination and at any subsequent time.
   
   
5. The term "other relevant matters" contained in the Terms of Reference will mean that the Inquiry may, at its discretion, deal with relevant matters, facts and circumstances not specified in the Terms of Reference.
   
   
6. The work of the Inquiry will extend to all post mortem examinations wherever carried out and will encompass post mortem examinations on persons of all ages including miscarriages and stillbirths.
   
   
7. The work of the Inquiry will deal with the matter of Medical Certificates of Cause of Death.
   
   
8. The Inquiry is a non-statutory inquiry.
   
   
9. The work of the Inquiry will not be conducted in public.
   
   
10. The Inquiry has no power to grant legal representation or to award costs.
    
    
11. The Minister for Health and Children has determined that the time limit of six months for the final report no longer applies. The inquiry will report to the Minister for Health and Children within a period of 18 months unless otherwise determined by him.
    

This interpretation is not intended to be either exhaustive or definitive and I, at my discretion, may add to, alter, or amend this interpretation so as to give full effect to the Terms of Reference.

The Inquiry has been informed that the Minister for Health and Children is examining the issue of costs

Anne Dunne, Senior Counsel, Chairman,
Inquiry Office, 3rd Floor, 2/3 Parnell Square East,
Dublin 1.
Phone: 887 0042. Fax: 887 0056TI

Dated this 23rd of March 2001.
THE INQUIRY INVITES SUBMISSIONS FROM MEMBERS OF THE PUBLIC AND OTHER INTERESTED PARTIES,