Written answers

Tuesday, 28 February 2023

Photo of Colm BurkeColm Burke (Cork North Central, Fine Gael)
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567. To ask the Minister for Health the body which will be charged with the organisation of the public information campaign in relation to promoting organ donation under the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022; the funding that will be allocated to such a campaign; and if he will make a statement on the matter. [9650/23]

Photo of Colm BurkeColm Burke (Cork North Central, Fine Gael)
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574. To ask the Minister for Health the steps that will be taken to improve public engagement with the organ donation process; and if he will make a statement on the matter. [9657/23]

Photo of Colm BurkeColm Burke (Cork North Central, Fine Gael)
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576. To ask the Minister for Health his plans for a rapid reaction team to counteract misinformation campaigns regarding the Human Tissue (Transplantation, Anatomical Examination and Public Display) Bill 2022; and if he will make a statement on the matter. [9659/23]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 567, 574 and 576 together.

The HSE will be responsible for the public information campaign in relation to promoting organ donation under the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022. The HSE already runs awareness campaigns on organ donation and has extensive experience in this area.

The public awareness campaign for the Human Tissue Bill will provide the public with clear and concise factual information in relation to organ donation, and provisions in the Bill including the opt-out register and the importance of discussing donation with family and next of kin so that they can honour your wishes. It will stress that the rights of the individual to autonomy, self-determination and bodily integrity will be respected at all times and that consent is central to the legislation - at all times countering any possible misinformation which may exist around the bill.

The campaign will have a number of goals. In particular, it will promote awareness and understanding of organ donation and the changes to be brought forward under this bill. It will also emphasise the difference donation can make to peoples lives and will encourage wider engagement from the public with the organ donation process.

The campaign will be fully resourced in line with our commitment in the Programme for Government.

Photo of Colm BurkeColm Burke (Cork North Central, Fine Gael)
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568. To ask the Minister for Health if he will publish the reports on the investigation into the non-use of an organ donation on 21 November 2021 at the Mater Hospital; and if he will make a statement on the matter. [9651/23]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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As this question relates to a HSE report, it has been referred to the HSE for direct reply.

Photo of Colm BurkeColm Burke (Cork North Central, Fine Gael)
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569. To ask the Minister for Health the steps that will be taken to address the concerns and needs of ethnic minorities that may have concerns regarding organ donation and transplantation under the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022; and if he will make a statement on the matter. [9652/23]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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The Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022 provides protections and safeguards for all people, in line with existing legislation, international best practice and HSE protocols on consent for these groups.

The legislation prohibits coercion of any living donor and does not allow for payment or any non-financial reward to be made for the donation of organs or tissues and cells. Brokering or advertising the need for or availability of an organ will be an offence under the Bill.

A national publicity and information campaign will further provide the public with clear and concise factual information in relation to organ donation, and provisions in the Bill including the opt-out register and the importance of discussing donation with family and next of kin so that they can honour a person's wishes.

Photo of Colm BurkeColm Burke (Cork North Central, Fine Gael)
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570. To ask the Minister for Health if he will clarify the situation that applies/pertains in a case where a person who has previously expressed an intention to donate an organ under the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022 and subsequently loses capacity, such as in a case of a dementia sufferer; and if he will make a statement on the matter. [9653/23]

Photo of Colm BurkeColm Burke (Cork North Central, Fine Gael)
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571. To ask the Minister for Health if he will address the disparity in the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022, whereby a child under the age of 18 years can give consent as a parent of a minor, without recourse to the independent panel, but yet is not permitted to give consent as a designated family member, for example, for their parent or sibling; and if he will make a statement on the matter. [9654/23]

Photo of Colm BurkeColm Burke (Cork North Central, Fine Gael)
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575. To ask the Minister for Health the reason families will not still be approached if their loved ones have opted out of the organ donation system, as is the case in other countries; and if he will make a statement on the matter. [9658/23]

Photo of Colm BurkeColm Burke (Cork North Central, Fine Gael)
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577. To ask the Minister for Health if the proposed legislation on organ donation permits retrieval and transplantation of solid organs, which are not specified in the proposed legislation on organ donation as reserved organs, but which can currently be transplanted, such as cornea, or may become transplantable in the future; and if he will make a statement on the matter. [9661/23]

Photo of Colm BurkeColm Burke (Cork North Central, Fine Gael)
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578. To ask the Minister for Health if the opt-out register facilitates individual opt-out of relevant organs under the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022, as distinct from a collective opt-out; and if he will make a statement on the matter. [9662/23]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 570, 571, 575, 577 and 578 together.

The Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022 will provide, for the first time, a national legislative framework for organ donation and transplant services in Ireland. Consent is the cornerstone of this new legislation.

Under the legislation, all adults in Ireland will be considered to have agreed to be an organ donor when they die unless they have recorded a decision not to donate on an Opt-Out Register or are in one of the excluded groups. This is commonly referred to as a Soft ‘Opt-Out’ Organ Donation system.

Deemed consent does not apply to adults who for a significant period before their death lacked the capacity to understand that their consent would be deemed if they did not register their objection to donate on the opt-out register. In such cases, the family can still be approached and consent to organ donation. Clinical guidelines will set out criteria to assist clinicians in determining whether this situation applies.

In instances involving a deceased child, consent or confirmation that there is no objection to donation must be obtained by a parent or guardian of that child. This provision extends to a parent who is under the age of 18, respecting their rights as a parent to make a such an important decision.

In cases involving deceased adults, consent or confirmation of no objection to donation must be obtained from a designated family member. Children under the age of 18 are not included in this hierarchy and can not provide consent, but can be included in family discussions on such matters.

The opt-out register allows a person who is opposed to becoming an organ donor to opt-out of donation of relevant organs by signing up to the register before their death. This will ensure that their right to autonomy, self-determination and bodily integrity is respected and as such their family will not be approached on the issue of organ donation.

The opt-out register will not facilitate opt-out of individual relevant organs. Relevant organ are defined in the legislation as the liver, lung, pancreas, heart or kidney. If an individual wishes to be a donor but has certain views on what organs or tissues and cells they wish to donate, it is important they discuss this with their family to make sure their family are fully informed of their wishes, whatever they may be.

The Human Tissue Bill permits and supports the transplantation for donation or human application of any organ or tissues and cells currently authorised in the State.

Photo of Colm BurkeColm Burke (Cork North Central, Fine Gael)
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572. To ask the Minister for Health if there are plans to establish an organisation (details supplied) as an independent statutory body to ensure stronger governance and accountability; and if he will make a statement on the matter. [9655/23]

Photo of Colm BurkeColm Burke (Cork North Central, Fine Gael)
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573. To ask the Minister for Health if an independent legal opinion has been commissioned to assess the suitability of the current structure of an organisation (details supplied), as recommended by a recent report; if so, if the report has been published; and if he will make a statement on the matter. [9656/23]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 572 and 573 together.

Organ Donation and Transplant Ireland (ODTI) is the office within the HSE with responsibility for oversight of all aspects of organ donation and transplantation in Ireland.

The HSE is currently engaged in a strategic planning process which is reviewing structures of organ donation and transplantation services including international benchmarking and comprehension of relevant reports which will inform delivery of services for next 5 – 10 years.

Once completed, the Department of Health will consider any findings or recommendations of the assessment and the review.

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