Tom Brabazon (Dublin Bay North, Fianna Fail)
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680. To ask the Minister for Health if all sections of the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 have commenced yet; if not, the details of any sections yet to take effect; and if she will make a statement on the matter. [4621/25]

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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The Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 was enacted in February 2024 and has not yet been commenced.

The Act is a composite piece of legislation that includes provisions around organ donation and transplantation, post-mortem practice and procedures, 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.

The Act provides, for the first time, a national legislative framework for organ donation and transplant services in Ireland. In doing so, it introduces a soft opt-out system of consent for organ donation meaning that when a person dies it is presumed that they would wish to donate their organs after their death unless they have made a statement of objection to donation. However, it is important to stress that family members will always be consulted before any action is taken.

The Act also includes provisions in respect of storage, handling, transportation, disposal or return of organs, tissues or body parts. The aim is to ensure that these will be undertaken with due regard to the dignity, bodily integrity and privacy of the deceased.

As this important piece of legislation establishes a framework for the governance of practices relating to human tissue, it is important that the changes contained are brought into operation in a coherent manner.

There are several prerequisites which must be in place before the Act can come into operation. Before full commencement, it will be necessary to ensure that all required supporting legislation, guidelines, and relevant codes of practice are in place.

Every effort is being made to ensure that commencement takes place in a timely manner, while ensuring that the legislation is set up for success by having the relevant prerequisites in place to enable it to be operated effectively.

It should be noted that the various Parts of the Act deal with somewhat discrete areas and due regard is being given to this feature of the legislation when approaching commencement. I intend, subject to the prerequisites being in place, to commence sections of the legislation at the earliest opportunity. The Act will be commenced on a phased basis, beginning with Part 2 of the Act which concerns organ donation and transplantation. Work is underway in the Department of Health, in the HSE, and with other stakeholders to prepare for this.