Cormac Devlin (Dún Laoghaire, Fianna Fail) | Oireachtas source

I welcome the opportunity to examine and discuss the Human Tissue (Transplantation, post mortem, Anatomical Examination and Public Display) Bill this evening. This landmark legislation includes provisions around organ donation and transplantation, post mortem practice and procedures in hospital settings, anatomical examinations, and public display of bodies after death.

The Bill will support organ donation and transplantation in Ireland and aims to make organ donation the norm in situations where the opportunity arises, thereby helping to increase the pool of organ donation here in Ireland. The proposed Bill will ensure the principles of protection of the bodily integrity of the individual before and after death. It enshrines respect for the dignity and autonomy of the individual, and the rights of the bereaved are enshrined in legislation. It will make consent for non-coronial post mortems compulsory and it will improve communication and information-sharing with families for all post mortems, including those conducted under the direction of the coroner.

I welcome the proposed regulations around transplants. I thank the Minister and the Government for bringing this forward. This issue has been long discussed, not only in this House but in the other Chamber, the Upper House of the Oireachtas. I want, in particular, to put on the record my appreciation of Senator Mark Daly, who has been proposing such legislation for nearly a decade now. He, too, would also warmly welcome the progress of this Bill through the House. It is important to note that families will still be consulted ahead of donation and those individuals who object, for whatever reason, will be able to opt out, something the Minister highlighted very well in his opening remarks. The principle of consent is at the centre of this Bill. Transplantation is currently the only available treatment for end-stage heart, lung and liver failure. It is also the most cost-effective treatment for end-stage kidney disease, and it brings enormous clinical and social benefits to patients who would otherwise remain on dialysis. Last year, about 250 people had life-saving transplants. It is hoped the provisions of this Bill will help save more lives by providing for the first time a national legislative framework to support donation and transplant services in Ireland, helping to increase that donor pool. The legalisation introduces an opt-out approach. This will allow anyone to opt out of the scheme. It is important to note that families can also opt out if they would prefer their loved one’s organs are not donated for any reason.

The Bill will also introduces a new regulatory regime to ensure best practice is followed in respect of post mortem and organ retention. We have seen a number of scandals in this area, again highlighted by the Minister, with tissue being retained for years without the knowledge or consent of families. This was particularly distressing where the tissue and organs of babies were retained without the consent of mothers and fathers. This Bill will introduce regulations in this area, which are very welcome.

The Bill also repeals the Anatomy Act 1832 and puts in place arrangements for the donation of bodies to anatomy schools together with provisions for the setting of standards to be met in the practice of anatomy. The new legislation also deals with the public display of deceased individuals, something which is not legislated for here in Ireland. It will require a licence for public exhibition. This will not impact funeral arrangements or religious ceremonies when someone is in repose, but is aimed at events such as the Real Bodies exhibition, which displays human remains to the public.

I thank not only the Minister for bringing forward this legislation in a timely fashion in this current term of the Dáil but also the officials and many campaign groups which have been in contact with all Deputies across this House over many years, pressing to bring this very important and very welcome legislation forward.

See this speech in context