Sharon Keogan (Independent) | Oireachtas source

I welcome Senator O'Hara. I am really glad to hear that he has a sense of humour because he will certainly need it in here over the next couple of months. I ask the Leader to write to the Minister for Health regarding the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024, which came into effect on 28 February 2024. The opt-out register is still not in place. This oversight is not just an administrative delay. It is a matter of fundamental rights and individual autonomy that cannot be ignored. In recent years, our Government has emphasised the importance of the autonomy of the human body and the idea of "my body, my choice". Very little consideration, if any, has been given to people who seek to choose not to donate their organs. People's objections could range from sentimental reasons to religious objections or simple personal preferences. The lack of the register from the effective date of the legislation is hypocritical on the part of this Government. What about people's right to choose? It was clearly far from a priority for this Government, particularly given the administrative, logistical and financial gains of the State through having the right to force organ donation by default. Without this register, individuals are left in a state of uncertainty unable to exercise their right to control their bodies, particularly if they are in an unconscious state. Today the next of kin of somebody who is injured and unconscious and who is known to have a conscientious objection to organ donation will likely have to take a court case on the person's behalf in the hope that his or her organs will not be donated. It is imperative that individuals can choose whether they want to opt out from organ donation under this law and this Government has failed by not yet providing this mechanism. It is a fundamental flaw of the legislation. There is no excuse for the abysmal failure of the Government to ensure that this opt-out operated from day one so it is imperative that the Leader writes to the Minister regarding this today.