John Gilroy (Labour) | Oireachtas source

My good friend and colleague Senator Darragh O'Brien argued that the recall of the Seanad has focused attention on this important issue and is facilitating proper debate. If that proves to be the case it is very welcome. I am very happy to be here today but also somewhat puzzled as to what precisely we are discussing. My main concern regarding this emergency recall is that it might create an impression among the general public that there is something wrong with our system of organ donations. We must ensure that message does not go out from today's debate. The Leader indicated that Fianna Fáil Members had eight Private Members' debate slots, 360 Adjournment debate slots, 120 Order of Business slots and 40 health committee slots in which to raise this issue. Their own spokesperson in the other House called on the Minister last April to implement the measure. Yet we are here today discussing it as an emergency issue. There does not seem to be a great deal of logic in that.

There are essentially three strands to the process of organ donations in this State. The first is the EU directive which is about governance and the quality and safety of organs for transplantation. Second is the infrastructure that is necessary to support that process, including transplant co-ordinators in hospitals and so on. Strand three is about increasing the rates of donation. Why on earth are we here today seeking to annul the first strand before we even get on to the second? It does not make any sense. Ensuring the safety, quality and governance of organ donation and transplantation is surely the first and most important step. There is no logic in seeking to annul this regulatory provision.

According to my count, Senator Mark Daly has, in the past ten days, referred to the provision as flawed more than 70 times. I have asked him on four occasions in that period to point out the precise nature of that flaw. In response, he sent me one general press release which referred to the regulation as weak but failed to point out which particular section is flawed. This leads me to wonder whether something else is afoot here. The Irish Kidney Association has also described the regulation as weak. If that is the case, surely we should be seeking to strengthen rather than annul it? As Senator Jillian van Turnhout observed, if an alternative proposal had been brought forward it would give more credibility to what we are doing today. Senators opposite are simply proposing to annul it, and annul it unlawfully if one takes heed of the voice of the Attorney General. We might attribute the lack of an alternative proposal to the constraints of time, but that is hardly credible. We might accredit it to a lack of ability if not for the fact that Senator Darragh O'Brien's undoubted ability negates that argument. Perhaps the answer is to do with a lack of willingness on the part of the Opposition to engage meaningfully on this issue.

I reiterate my concern that recalling the Seanad in emergency session could well give rise to the impression that there is something wrong with the system of organ donations in this State. That is a dangerous impression which could further deter donations. It is an irresponsible stance which does a great disservice to the many excellent people and organisations working in this area. If we wish to be constructive - I intend to make a proposal in this regard in due course - we should establish an inter-party committee of the House which would engage, in the normal, deliberative course of Oireachtas business, with all stakeholders, including organisations and service users. We should be striving to do something constructive about this instead of posturing here in the middle of August.

I thank the Cathaoirleach for allowing the debate to proceed. I examined some of the legal aspects and saw there were grounds on which the motion might well have been ruled out of order.

It is a credit to the Cathaoirleach's generosity, and the generosity of the Government, that the debate was allowed to proceed.