Jim Daly (Cork South West, Fine Gael) | Oireachtas source

I thank the Senator for raising this issue and for the opportunity to speak on it in the Seanad on behalf of my colleague, Minister for Health.

It is appropriate that we are debating this issue during Organ Donor Awareness Week.

Organ donation is among the most selfless acts we can bestow on one another. The improvement in the quality of life for organ recipients and their families cannot be overstated. We have a duty to do everything we can to ensure that as many people as possible benefit from organ donation. Work is continuing to finalise the general scheme of a Human Tissue Bill and to deliver on the commitment in the programme for Government to provide for a soft opt-out system of consent for organ donation and an associated register.

The aim is to make organ donation the norm in Ireland in situations where the opportunity arises. Under the soft opt-out system, consent will be deemed, unless the person has, while alive, registered their wish not to become an organ donor after death. However, it is proposed that even though consent is deemed, the next-of-kin will always be consulted prior to removing any organ. If the next-of-kin objects to the organ donation, the donation will not proceed. The best way to ensure that a person's wish to become an organ donor is realised is to have a conversation with one's family and to make one's wishes clearly known to them.

The proposed opt-out register for organ donation will create a clear and easily communicable choice to individuals to either opt-out of deceased organ donation entirely, or to allow deemed consent to apply. Signing up to the opt-out register will be a definitive expression of the person’s wish not to become an organ donor after death.

The Senator’s proposal to share code 115 on a driver’s licence in respect of organ donation with the HSE's Organ Donation and Transplant Ireland would not guarantee that the person’s wish to become an organ donor would be carried out. This is also the situation in regard to organ donor cards. The decision to donate organs in the case of a deceased person rests with the next of kin. Health service personnel will not proceed to transplant organs without the permission of family members, irrespective of whether the deceased person carried an organ donor card or had ticked code 115 on their driving licence.

Furthermore, due to the need for medical practitioners to be informed about the medical history of the potential donor to ensure the safety of the recipient, the co-operation of the family will always be required as part of a safe organ donation process. An opt-out register will make organ donation the clear default option, and signal to citizens the move towards organ donation being the norm. The general scheme of a human tissue Bill is being finalised at present and will be submitted to Government shortly.