Dáil debates

Wednesday, 8 November 2023

Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022: Report and Final Stages

 

4:15 pm

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein) | Oireachtas source

I move amendment No. 20:

In page 35, to delete lines 34 to 38, to delete pages 36 and 37, and in page 38, to delete lines 1 to 4, and substitute the following:

“CHAPTER 50

RELEVANT ORGAN DONATION REGISTER

Relevant Organ Donation Register

31. (1) The Executive shall, as soon as practicable after the commencement of this section, establish and maintain in such form as it considers appropriate, a register to be known as the Relevant Organ Donation Register (in this Part referred to as “the Register”). (2) The Executive shall make an entry in the Register of the details specified in subsection (3)of section 32in respect of an adult who has registered their wishes in relation to their relevant organs in accordance with that section.

(3) Where the Executive has made an entry in the Register, it shall contact the person in respect of whom the entry has been made, in the manner specified by the Executive, to confirm the details of the entry.

(4) Only the Executive may access the information contained in the Register and the contents of the Register shall not be available to the public.

(5) The Executive shall take such steps as it considers necessary to ensure that the particulars entered in the Register are accurate.

(6) The Executive may, for the purposes of maintaining the accuracy of the Register and, where it considers it appropriate to do so, amend or delete any particulars entered in the Register. Application to register choice in relation to being relevant organ donor

32. (1) An adult (in this section referred to as the “applicant”) may apply to the Executive to register their choice in relation to being an organ donor of their relevant organs and where they do so, the Executive shall register that choice on the Register. (2) An application under subsection (1) shall—
(a) be in writing or online, and

(b) subject to subsection (3), be in such form and manner as is specified by the Executive.
(3) When making an application under subsection (1), an applicant shall provide the following information to the Executive:
(a) their forename, surname and any former surnames;

(b) their mother’s birth surname;

(c) their address;

(d) their sex;

(e) their nationality and date and place of birth;

(f) their personal public service number (if any) (within the meaning of section 262 of the Social Welfare Consolidation Act 2005);

(g) where known, their individual health identifier (within the meaning of the Health Identifiers Act 2014);

(h) such other information as the Executive may, from time to time, reasonably specify for the purposes of maintaining the Register.
(4) A person may apply to the Executive to—
(a) amend their information on the Register provided in accordance with subsection (3), or

(b) change their choice provided in accordance with subsection (1)and have their details amended in the Register.
(5) An application under subsection (4) shall—
(a) be in writing, and

(b) be in such form and manner as specified by the Executive.
(6) A registered decision on the Register by a person under subsection (1)shall remain on the Register for the lifetime of that person unless they change their choice in accordance with subsection (4)(b).

(7) A person shall not make—
(a) an application under subsection (1)to register any person other than themselves on the Register, or

(b) an application under subsection (4)(a)or (b)in respect of the information or choice contained on the Register relating to any person other than himself or herself, without that person’s knowledge and consent.
(8) A person who contravenes subsection (7)shall be guilty of an offence. Application to ascertain if choice is registered on Register

33.(1) A relevant professional shall, for the purpose of determining whether or not deemed consent applies in respect of a deceased person, apply to the Executive to ascertain whether or not the deceased person has registered their choice on being an organ donor in accordance with section 32. (2) On receipt of an application under subsection (1), the Executive shall, as soon as practicable, consult the Register and confirm whether or not the person the subject of the application has registered their choice on being an organ donor.

(3) An application under subsection (1)shall be made in such form and manner as may be specified by the Executive.

(4) Where a relevant professional has received information provided by the Executive in relation to a person in accordance with subsection (2), they may disclose such information to the designated family member—
(a) where the person the subject of the application has registered their choice in relation to organ donation on the Register in accordance with section 32and the designated family member has enquired about potential organ donation relating to the person concerned, or

(b) where the person the subject of the application has not registered their objection to organ donation on the Register in accordance with section 32and deemed consent applies to the proposed donation.
(5) A relevant professional shall not remove any relevant organ for the purposes of transplantation activities from a person where the person has registered their objection to organ donation on the Register in accordance with section 32and that objection has not been withdrawn at the time of the person’s death.”

Could the Minister respond first while I find my pages?

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