Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

As flagged during Report Stage in this House, I brought forward a number of amendments in the Seanad to align the Human Tissue Bill with the Assisted Decision-Making (Capacity) Act 2015. These amendments include the insertion of definitions including: “Act of 2015” to refer to the Assisted Decision-Making (Capacity) Act 2015; “capacity”, which will be construed in accordance with the 2015 Act. That provides for a functional assessment of capacity to be undertaken, which is the appropriate means of conducting capacity assessments in the State; and “decision-making representatives” and “decision-making representation orders”, which will be construed in accordance with the 2015 Act.

These amendments also update the term previously referred to as “specified family member” to that of “specified person”. For the purposes of this Bill, a “specified person” is a person who may give “appropriate consent” in certain situations where a living adult who lacks capacity may be involved in the donation of organs, tissues, or cells. The updated term better reflects the scope of different persons captured who are not necessarily family members.

In addition to updating the term, the list of different “specified persons” in section 25(4) is proposed to be revised. The current list has been reviewed to ensure that there is consistency across this Bill and the Assisted Decision-Making (Capacity) Act 2015.

Following this review, and engagement between my officials and the Department of Children, Equality, Disability, Integration and Youth, I am including in the list of “specified persons”, “decision making representatives” as defined in the 2015 Act where the terms of the decision-making representation order confers such functions. Further, I am removing references to attorneys appointed under the Powers of Attorney 1996 Act, given the nature of the matters for which appropriate consent is sought.

A new section, section 105 is being inserted. Currently, both the human tissue Bill and the Assisted Decision-Making (Capacity) Act 2015 contain provisions governing the donation of organs by living persons lacking capacity, however there are differences in the arrangements for dealing with such donations. This new section amends the relevant provision of the 2015 Act and provides that matters relating to the donation of an organ from a living person lacking capacity will be determined in accordance with the human tissue legislation.

A number of consequential technical amendments are also being made including an amendment to the long Title of the Bill.

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