Written answers

Thursday, 8 December 2022

Department of Health

Legislative Programme

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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336. To ask the Minister for Health the safeguards that are in place for minors and for persons incapable of making legal decisions in the proposed the human tissue (transplantation, post-mortem, anatomical examination and public display) Bill; and the provisions the bill will contain in relation to the age of consent. [61554/22]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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The Minister secured Government approval for publication of the Human Tissue Bill on 29 November 2022, and the Bill is expected to be published on the Oireachtas website shortly. 

The Bill is a composite piece of legislation that includes provisions around organ donation and transplantation, post-mortem practice and procedures in hospital settings, anatomical examination, and public display of bodies after death. Crucially, it embeds in legislation the idea that consent is the defining principle across all these sensitive areas.

Among other things, the Bill provides, for the first time, a national legislative framework for organ donation and transplant services in Ireland.Under the legislation, anyone under the age of 18 is considered a child. 

The Bill has been drafted to include additional protections and safeguards for both children and adults who lack capacity in line with international best practice and existing HSE protocols on consent for these groups. 

Following publication, the Bill will begin the legislative process through the Houses of the Oireachtas, and there will be opportunities for Deputies to engage with the provisions of the legislation. 

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