'Opt out' system on organ removal sought

LEGISLATION TO allow for “presumed consent” in organ donation will be introduced this week in the Seanad by former supermarket chief Senator Feargal Quinn.

The Cabinet decided last week to allow for the drafting of legislation to regulate organ removal and consent, including the retention and disposal of human tissue during postmortems.

While the Department of Health will engage in public consultations, its proposed Bill will be on the basis of an “opt-in” system, which requires a person or their next of kin to give specific consent to the taking of organs or tissue in the event of death.

Mr Quinn’s legislation however favours an “opt-out” system which operates on the basis that consent has been given unless a statement has been made to the contrary.

“The objective is to save lives,” the former Superquinn chairman said. “Ireland has a rate of organ donation approximately half that of Spain which has ‘presumed consent’ in operation for some years,” he said.

The Government’s legislation is not expected until next year while the Independent senator’s Human Body Organs and Human Tissues Bill is finalised.

He said he hoped the Government would accept the Bill which “is based on legislation already in operation in France and Spain which assumes consent to the removal of body organs for specific purposes unless the donor has withheld consent”.

The 16-page Bill will be introduced in the Seanad on Wednesday during Private Members’ time in a two-hour debate.

The legislation includes provision for the removal, storage and use of human body organs and human tissue “under appropriate circumstances”.

The Government’s proposal is to proceed with a Bill which would implement the recommendations of the Madden report into the controversy surrounding the retention of the organs of children who had died, without the knowledge or consent of their parents.

A section of Mr Quinn’s Bill deals with consent in relation to children.

It “attempts to recognise vulnerabilities of children while at the same time striking the appropriate balance to ensure the availability of human body organs and human tissue”.

Also included are sanctions for breaching the legislation, based on civil rather than criminal law and restrictions on the use of donated material.

Mr Quinn said the legislation should not include additional Exchequer spending or have “any material regulatory impact upon activities in the State”.