Cathal Berry (Kildare South, Independent) | Oireachtas source

I am grateful for the opportunity to contribute on the Bill. As the Minister pointed out, it is historic legislation. There are so many people and families waiting for organs or clarification. I very much welcome the Bill, though I wish it had come before the House long before now. I am very happy to support its passage through the Dáil for several reasons.

The first is from a school of anatomy point of view. As a person who is fortunate and privileged to have passed through medical school, I recognise the extraordinary gift given by the many people who have provided their bodily remains for medical students. It is important that those cadavers are treated with the height of respect. They are already treated with the height of respect but when a law is more than 190 years old, that is probably a sign it needs modernisation and to be upgraded. A phrase used in medical school is that these cadavers are the students' first patients and their first teachers. I pay tribute to those who have donated their bodies and to the families who facilitated that. They have made an astronomical contribution to the study of medicine and had a profound impact on the lives of medical students.

The second reason I am in favour of the Bill relates to post mortems. It tightens the legislation in respect of post mortems, thereby protecting the integrity of the human body before and after death. As colleagues have noted, we are aware of the retention of human organs without the consent or even the knowledge of the relatives. This is particularly pertinent when it comes to the retention of the organs of children. I am glad there has been at least some improvement in terms of tightening that up. The scandals of recent years should never be allowed to happen again. I like the fact that there is more guidance in the Bill in respect of coroner-directed post mortems, with a stipulation that there will be more information sharing and communication with the families concerned. I very much welcome that.

The third reason I am supportive of the Bill relates primarily to the flagship component of the Bill, namely, organ donation. This is hugely important. I agree that it is likely to increase the organ pool significantly and it does so in a very balanced way. People will not be pressurised or forced into it as there is a soft opt-out mechanism. That is a very good way to go forward. It is in keeping with international best practice. I like the living donor component of the legislation, as well as the aspect relating to altruistic donors. Finally, patients or other persons who wish to make an altruistic donation of an organ to a person whom they do not know will not have to leave the jurisdiction to make the donation; they will be able do so in this jurisdiction from now on. That should be very much welcomed.

Most important is the fact that the Bill embeds consent, including informed consent, into the entire process. There will be a register run by the HSE and people will be allowed to opt in or out. It will even allow for the fluctuation of people's consent, such as a person changing his or her mind on getting older. The Bill will allow people to move onto or off that register as required. It emphasises the centrality of the patient and the donor, as well as the family of the patient, which is important.

I recognise there has been extensive consultation in the formation of the Bill. That is to be welcomed. The Bill has arrived later than expected but there seems to be consensus that it is a positive step forward. In conclusion, I am happy to support the Bill and I look forward to its swift implementation.

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