Aodhán Ó Ríordáin (Dublin North Central, Labour)
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211. To ask the Minister for Health if he will provide an update on the programme for Government commitment to allow for an opt out system for organ donation; and if he will make a statement on the matter. [32326/13]

James Reilly (Dublin North, Fine Gael)
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The Programme for Government envisages the introduction of an opt-out system of organ donation, with a view to improving the availability of organs for patients in need of transplantation. This will require detailed consideration and further consultation and I am developing proposals for Government on this matter. The public consultation process in relation to how such an opt-out system should operate, will generate greater public awareness of the need for organ donation.

In addition to consent systems, there is evidence from other countries that good co-ordination at hospital level and counselling arrangements for relatives are significant factors in achieving high organ donation rates. In conjunction with the HSE's National Organ Donation and Transplantation Office my Department is also examining what practices and organisational changes could further improve donation rates.

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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212. To ask the Minister for Health in view of the MSM blood ban, if sexually active gay men are also prevented from being organ donors; and if so, if he or his Department have considered removing such a ban [32327/13]

James Reilly (Dublin North, Fine Gael)
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EU Directive 2012/53/EU requires Member States of take all necessary measures to safeguard the recipients of organs. This was transposed by the European Union (Quality and Safety of Human Organs Intended for Transplantation) Regulations, S.I. No. 325 of 2012.

The Regulations apply to donation, procurement, testing, characterisation, transport and transplantation of organs. They set out a clear legal framework for the application of quality and safety standards for human organs intended for transplantation. The Regulations, however, do not specify who should or should not be donors, but state that selection assessments carried out pursuant to the regulations may provide for the exclusion of persons whose donation could present unacceptable health risks.

In order for transplantation to proceed safely all potential donors are risk assessed in order to prevent inadvertent transmission of infection. All potential donors, or in the case of deceased donors their next of kin, must answer a range of questions prior to the organ donation process proceeding. They include questions in relation to certain risk behaviours. The decision on whether someone who is gay may become a donor is not based on sexual orientation, but because it is known that there is an increased level of HIV infection rates in MSM in Ireland. Testing for HIV remains very sensitive and effective, but there remains a period between infection and detection which could permit the transmission of the virus to a recipient. For this reason sexually active gay men are currently excluded from becoming organ donors.