Liz McManus (Wicklow, Labour)
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Question 189: To ask the Tánaiste and Minister for Health and Children further to her commitment to introduce legislation on post-mortems and organ removal, which she made on the publication of the Madden report, she will introduce legislation on organ transplant procedures; her views on the need for new and specific legislation in this area; if the reports published in 1987 by the transplant liaison committee still provide a useful starting point in this regard; if the absence of clear statutory rules in relation to issues such as property in a human corpse and the authorisation to remove organs is impeding the flow of donations and the number of transplants that could be performed; her further views on an opt-out, as opposed to an opt-in system in relation to consent to organ donation after death; and if she will make a statement on the matter. [4539/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Dr. Deirdre Madden's report on post-mortem practice and procedures, which was published on 18 January 2006, includes recommendations on the need for a legislative framework governing post-mortems. However, the report did not deal specifically with the issue of organ transplantation.

The European Commission is currently 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.

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 their 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.

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 around the country.

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.