Garret Ahearn (Fine Gael)
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I welcome the Minister of State to the Chamber and thank her for coming here to speak on this matter. I am aware the issue is important to her, her colleagues and the Department. However, it is also an issue that is important to the Government, because it commits in the programme for Government to addressing this in its lifetime.

Instead of having our current system for people who wish to donate their organs when they pass away, whereby they must sign a donor card that allows for donation if something happens to them, I recommend what is done in Spain, where one has to opt out of donation. This is important for several reasons. One reason our current system fails is that the organs of those with organ donor cards may not be donated after their death if they have not had a conversation about donation with their next of kin. It happens quite often that the next of kin are uncomfortable with organ donation. Even when someone with an organ donor card tragically passes away, the next of kin still have to be asked if they are okay with donating his or her organs. Often this happens in very tragic circumstances. There are many things the next of kin have to worry about in addition to organ donation. Obviously, the decision has to be made extremely quickly. The next of kin may not be comfortable with donation and, most important, the conversation between a potential donor and his or her partner or next of kin may not have happened. If we introduce an opt-out system, it will be the choice of the next of kin not to have the organs of the deceased donated if they have a strong view on it. In Spain, about 14% of the population over 18 have opted out of donation.

It is obvious what an opt-out system does: it gives more opportunities to those who need an organ donation. In Ireland, about 650 people need an organ donation. I believe 270 organ donors died last year, affording an opportunity to donate, but only 190 transplants actually happened as a consequence. Of these, 123 were kidney transplants, 37 were liver transplants and 16 were lung transplants. Nine patients received a heart transplant. Some 650 people need an organ transplant but we have 190 transplants per year. That means 450 people are still waiting and going through very traumatic times, be it on dialysis or otherwise. Many of these are young kids. We do not want people waiting longer than necessary to receive a donation, be it of a kidney, lung or heart.

From my experience, many are willing to be organ donors but have not applied. They all have busy lives and may not have had the conversation. If there were an opt-out system, they would be happy with it. There would be no need to do anything. This is about caring for and protecting people and making it as easy as possible for those in very difficult circumstances and who need a donation to receive one as quickly as possible. I look forward to the Minister of State's response.

Mary Butler (Waterford, Fianna Fail)
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I wish everyone a happy St. Brigid's Day, Lá Fhéile Bríde. The Cathaoirleach is a very strong advocate for St. Brigid, and I commend him on his mask; it is lovely. From next year on we will celebrate a bank holiday on Lá Fhéile Bríde. We can all look forward to that.

I thank the Senator for raising this issue and for the opportunity to speak on it on behalf of my colleague, the Minister for Health, Deputy Donnelly. I am very glad to get the opportunity to speak on this subject because I am a very strong advocate for organ donation. I remember as a teenager signing up to that particular card. The reason I did it was we lost a young girl in Portlaw many years ago and it was the first time I had heard of organ donation. At the time, when we heard her organs were being donated, it struck me how important it was. One person dying is a tragedy, but the gift of life could be given to so many other families. By coincidence, the girl's brother has been a Member of this House.

It is such an important thing and it is the most selfless act that we can bestow on each other. 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. In that context, the Government allocated an additional €1 million in funding in 2022 to continue to improve organ donation and transplantation services in the State. This funding will support the ongoing development of transplant services, enhance our ability to access organ donors from abroad, and improve organ donation staffing and infrastructure. This funding will also ensure that our organ donation and transplantation services are equipped to meet the additional demands arising following the enactment of the human tissue Bill.

The programme for Government includes a commitment to "Enact the Human Tissue Bill, providing the legal basis for an opt-out system of organ donation and deliver a public information campaign." Reference was made to Spain, and I was struck by the fact that 14% of people in Spain have opted out. This means that 86% of people are included, which is a phenomenal figure. The aim with the Bill is to make organ donation the norm in Ireland in situations where the opportunity arises.

Under the soft opt-out system, consent for organ donation will be deemed unless the person has, while alive, registered their wish not to become an organ donor after death. It is proposed, however, 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 for a person to ensure that their wish to become an organ donor is realised is to have that conversation with their family, discuss their intention around organ donation and make their wishes clearly known to family members.

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 to not become an organ donor after death. 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 enactment of the human tissue Bill is a priority for the Government. The Department of Health continues to engage closely with the Office of the Parliamentary Counsel to progress the drafting of the Bill with the objective of bringing a memorandum to Government to secure approval to publish the Bill as soon as possible in the 2022 spring legislative session.

Garret Ahearn (Fine Gael)
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I thank the Minister of State for her response and her support. The most important line in her response is "Signing up to the opt-out register will be a definitive expression of the person’s wish to not become an organ donor after death." This means that the current confusion will be gone. One organ donor can save eight lines. It is phenomenal.

She give an example of the case in her own county. Members may also have seen video footage of other families who have met the individuals who received organs donated from their loved ones. Each donation has saved the life of an individual. There is a sense of pride and amazement among the family when they hear the heartbeat of their loved one in the other person's body, or when they understand that a young child may be alive and living a normal life because of the contribution made by their loved one.As the Minister of State said, 86% of people in Spain are in favour of it. I think the people of Ireland would be the same once we introduced it. The quicker we do it, the more lives we save and the more people who will be proud of the things they have done when they are deceased.

Mary Butler (Waterford, Fianna Fail)
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I welcome Senator Ahearn's support for our efforts to increase the rate of deceased organ donation. I do not want to pre-empt any Bill but I am confident that when the Bill comes before both Houses, it will get a lot of cross-party support.

The Senator nailed it on the head when he said the proposal is to introduce a soft opt-out system of consent. Nobody will be forced and everyone will have the opportunity to opt out. It is important that message goes out there. The Department continues to work with the HSE's organ donation transplant Ireland, the intensive care units and the transplant hospitals, namely, Beaumont, Mater and St. Vincent's, in building a better future for organ donation in Ireland as we continue to recover from the pandemic.

The Bill will be accompanied by a campaign which will aim to ensure individuals understand the opt-out system and encourage individuals to have the conversation and make their wishes in relation to organ donation known to their next of kin and other family members. We look forward to the Bill coming before the Houses soon.