Thomas Byrne (Fianna Fail) | Oireachtas source

I thank my colleague, Senator Daly, who called for and organised today's debate. I know he has worked very hard with his nominating body, the Irish Kidney Association, on this issue. He has played a key role in this regard for quite some time. There has been a great deal of confusion during this debate. It is fair to say that many Members have not had an opportunity to read the relevant legislation. Senator Daly has provided copies of it for anyone who wants it. We are in essence speaking about two pieces of legislation: a directive that was brought into force at EU level in July 2010 and the implementing regulations that have been brought into force by the Minister, Deputy Reilly, to bring the directive into Irish law. There is a difference between the two. We fully support the directive. I understand all the bodies support it too. The issue of consent is referred to marginally in the directive. It is not a major issue at all. As my colleague, Senator Darragh O'Brien, has pointed out, the key issue in the directive is set out in paragraph 24, which states "it is preferable to have a single non-profit making body which is officially recognised with overall responsibility for donation". That is the net issue here. The Minister failed to do that in the regulations.