Hospitals may be prosecuted over organ retention

HOSPITALS may face criminal prosecution in the organ retention scandal for suspected breaches of legislation governing post mortem procedures and death registrations.

An extraordinary general meeting of Parents for Justice (PfjfJ) yesterday mandated the organisation's officers to turn over details of members' cases to the gardaí. The cases are already the subject of investigation by the Dunne Inquiry but PfJ withdrew co-operation with the inquiry last Thursday in frustration at delays over a promised statutory element to the investigation.

Between 400 and 500 people from more than 700 families represented by PfJ attended yesterday's meeting and spokeswoman Fionnuala O'Reilly described the mood as "very angry".

Their concerns are due to be raised in the Dáil by Sinn Féin TD Caoimhghín Ó Caoláin during private members time next week PfJ was set up by four bereaved mothers in late 1999 following revelations that Our Lady's Hospital for Sick Children in Crumlin, Dublin, had removed the organs of dead children without the consent of their next of kin and stored them in jars for years or incinerated them The Dunne Inquiry announced in March, 2000 is now examining these and similar allegations, and post mortem practices in general, in more than 70 hospitals and institutions around the country.

PfJ has raised a number of concerns about the inquiry in recent months.

* The September deadline for a final report from the inquiry has been exceeded and it is thought it could take until mid-2004 to complete.

The inquiry has no statutory powers to compel witnesses or disclosure of documents.

There is evidence that co-operation by some hospitals and medical professionals has been poor.

Parents who refused to sign a confidentiality clause preventing them speaking publicly of their involvement with the inquiry have been denied information relating to their case.

No progress has been made on a government promise to set up a committee to consider legislation on the treatment of human tissue.

Parents also suspect wholesale breaches of the Coroners Act and Registration of Births and Deaths Act.

"There is a clear statutory requirement that any death under anaesthesia or within 24 hours of surgery be notified. Many families say those deaths were not notified," said Ms O'Reilly.