John Gormley (Dublin South East, Green Party)
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Question 203: To ask the Tánaiste and Minister for Health and Children, further to organ donation, if she agrees that everyone is considered to be an organ donor unless they opt out by registering not to be one; that there would be a comprehensive database with the names of all donors; that the Irish Blood Transfusion Service could carry donor forms for people to fill out; that it would be mandatory for medical doctors to ask family members about organ donation in the event of a loved one's untimely death; that there would be an intensive and hard-hitting television advertising campaign, similar to drink driving advertisements, which would encourage people to donate organs; and if she will make a statement on the matter. [3836/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The annual organ donor awareness campaign, which is organised by the Irish donor network and administered by the Irish Kidney Association, highlights the necessity for organ donation generally. The campaign, which is supported by my Department, highlights the need for organ donors by promoting the carrying of a organ donor card.

There are two systems that can be used to ascertain an individual's wishes on organ donation: the opt-in system and the opt-out system. The former system, which operates in this country, requires that the specific consent to donation of each person or the person's relatives be obtained before organs or tissues are removed. The opt-out system presumes that all citizens consent to donation unless they have specifically expressed a wish to the contrary.

The practice in this country is that, even when a person has indicated his or her willingness to donate organs by way of carrying an organ donor card or a driving licence marked accordingly, the consent of the next-of-kin is always sought. Even where opt-out systems are in operation, the relatives of the deceased are approached as part of the donor screening process to seek a medical history of any high-risk behaviour. Thus, the relatives will always be aware that a donation is being considered and can register an objection to the donation.

The European Commission is considering the question of a directive in respect of organ transplantation, including the issue of consent, and proposes to conduct a thorough scientific evaluation of the situation. It will present a report on its analysis to the Council of the European Union and it is expected that this report will inform decisions regarding the development of a legislative framework in this area.

In the context of increasing the number of donor organs available for transplant, the Health Service Executive has been asked by the Department to undertake a review and analysis of the factors that impact on organ procurement and retrieval rates in hospitals.