Joe O'Toole (Independent)

I congratulate Senator Quinn on the amount of work he invested in preparing this legislation, which is very important. It is my privilege to second the Bill.

I should declare a related interest in that my sister has been the national kidney and transplant co-ordinator for many years. I am, therefore, quite familiar with many aspects of this matter and I know families that experienced great joy and others who underwent great bereavement. The circumstances dictate that one family donates while the other receives. I have often thought that the people who work in this area must deal with the extraordinary heights and depths of emotions, namely, joy and bereavement. Their job must be very difficult.

I completely support what is proposed in the Bill. For many years, people have ticked the box on the back of their driving licences to indicate their willingness to donate their organs. I have argued on numerous occasions that we should do what Senator Quinn's Bill proposes, that is, introduce the notion of presumed consent. The latter represents the way forward.

I should have welcomed the Minister of State, Deputy Moloney, and wished him well with his portfolio. I am aware of his concerns regarding matters of this nature because we discussed them in the past. I apologise for not welcoming him at the outset. If the Bill is not to the exact liking of the Department in every detail, I would be happy if the Minister of State would say that, indicate the changes that need to be made or commit to introduce parallel legislation. However, I ask him to concede that there is a need for legislation in this area, if not along the precise lines of the Bill then along similar lines.

There are many levels between where we currently stand — with no legislation — to a position of presumed consent. If the Government is not prepared to go as far as Senator Quinn wants it to go in his Bill, which, in my opinion, represents the correct way to proceed, there is also the option of considering the notion of a required request. Where a person with healthy organs is fatally injured, there should be a requirement that his or her family should at least be requested to donate those organs. When a tragedy occurs and when a family is in the midst of grief, it does not cross the minds of its members that there is one small positive they can take from their bereavement. If they had been asked, many families would have been happy to accede to a request to donate their loved ones' organs. If the Bill, as proposed, were accepted, there would be no need for required requests because people would be asked the relevant question automatically.

In certain countries, presumed consent of the type proposed by Senator Quinn obtains. Let us consider the reality of what happens there. Discussions regarding organ donation often take place in or adjacent to intensive care units in hospitals and involve families that are grieving. There is usually a great deal of emotion and activity involved. To my knowledge, even in circumstances where it is widely known that a person has consented to his or her organs being donated, the people present to harvest those organs will invariably discuss the matter with the next of kin before proceeding.

Senator Quinn and I are not proposing that someone's next of kin should be pushed out of the way and that the relevant medical professionals should then harvest whatever viable organs remain. Those charged with harvesting organs go about their work in a sensitive, caring and understanding manner. They work in a way that draws the next of kin and those who are grieving into the process. I have met people who stated that they never got over the shock or grief of losing their son or daughter and that there is never a day on which they do not remember him or her, but that at least they receive a card from the transplant society or unit or from the parents of the person who benefited from the donation of their son's or daughter's organs, thanking them once more. Each year they are reminded that there are people with their son's kidney, eye or otherwise. There is some element of consolation there. Of course, it is poor consolation for the loss of life but at least there is a feeling that they, or their dead child, has given something to society which lives on in a positive way.

A very important part of drawing in the next-of-kin into these situations is the gift element. Although the next-of-kin are expressing their grief and shock about the death, it is helpful to allow them to respond positively to the request of the person who has died. These are important elements which come within the remit of Senator Quinn's Bill. As he said, the Bill is written in cold, technical language but we need to think about how it is implemented. I am glad he gave the examples of the gift of life given to people because we have seen that work.

A very good friend of mine from the Minister of State's constituency had kidney failure and was on kidney dialysis for many years. He finally got a kidney but it was a flawed and it had to be taken out. We were all devastated. He got a second kidney but it was rejected. Again, it was devastating to see this happen. He got a third kidney more than ten years ago. It is working perfectly and he is living a very healthy life, playing golf every day. That was a very unusual case but his life has changed completely.

It is important the Minister of State speaks in positive terms in his contribution. I would also like to hear him speak about the importance of a public awareness campaign. The Department is doing an audit of the harvesting, transplantations and donations taking place in Ireland currently. The situation in that regard is very healthy but it is important that this debate receives some recognition in the Department and that there is increased public awareness and education on the importance of a community, Government and political commitment to the elements proposed in this Bill, even if the Minister of State does not accept the exact wording as outlined by Senator Quinn.

There can be no argument against what Senator Quinn is trying to achieve. I understand people might want to amend the Bill or deal with it differently. There is never only one right way to find a resolution; there may be 24 right ways. I am not putting words in Senator Quinn's mouth but I believe he wants to hear, and I certainly want to hear, that the Government will either accept this Bill or amend it.

Let us not leave the vacuum which currently exists and which should not be there. We need to legislate for this issue. The legislation is important not only for the reasons outlined by Senator Quinn but to show that this society cares about these issues, will legislate and deal with them and considers them important in our community. As long as we leave the vacuum, the finger can be pointed at us and people can ask what legislators are doing about it. I was not aware of the fact that Malta is the only other country in the EU which does not have legislation in this area. That is a sign for us to act quickly.

We are putting an issue of concern to many people on the agenda and are bringing it to the fore in our Legislature. It is an issue which in no way could be seen as party political or as divisive. I presume Members on the other side of the House would, in general terms, take a similar approach to us. It is important that message goes out. There may be slight differences in emphasis here and there but we want to encourage organ donation and ensure we facilitate it in legislation and that it comes into operation. That is what this is about and the reason I ask the Minister of State to support Senator Quinn's Bill which I feel privileged to second.