Róisín Shortall (Dublin North West, Labour)
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Question 102: To ask the Minister for Health and Children her views on an opt out system of organ donation in order to increase the number of organs available to those who need transplants; and if she will make a statement on the matter. [9317/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Two systems that can be used to ascertain an individual's wishes on organ donation are the opt-in system and the opt-out system. The former system (which operates in this country) requires the specific consent of the donor or, where he or she is deceased, their relatives, before organs or tissues are removed. The opt-out system presumes that all deceased persons consent to donation unless they have specifically expressed a wish to the contrary. My Department is advised that even where opt-out/presumed consent systems are in operation the relatives of the deceased may be approached as part of the donor screening process to seek a medical history of any high-risk behaviour. In these circumstances the relatives can register an objection to the donation.

The practice in this country is that, even when a deceased person had indicated his or her willingness to donate organs, the consent of the next-of-kin is always sought. There are differing views as to the appropriateness and effectiveness of a change to the existing arrangements covering the question of consent.

My Department is formulating proposals on human tissue legislation to meet the key recommendation of the Madden Report on Post Mortem Practice and Procedures. The scope of the Bill will cover the removal, retention, storage, use and disposal of human tissue from deceased persons, and related matters.

A Consultative Forum on the development of the legislative proposals was held in June 2007 followed by a public invitation for written submissions. One of the matters that has been raised in this context is the issue of consent for the donation of tissue and organs for transplantation. Discussions are ongoing with the major stakeholders on issues identified from the submissions. It is expected that proposals will be submitted to Government this Spring seeking approval to draft Heads of a Bill.