Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

1626. To ask the Minister for Health to provide and update on the Human Tissue Act 2024 with regard to organ donation opt out; and if she will make a statement on the matter. [11367/25]

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 was enacted in February 2024.

The Act is a composite piece of legislation that includes provisions around donation and transplantation or organs, tissues, and cells, 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 objected to donation. It is important to reassure people that family members will always be consulted before any action is taken.

Under the legislation, those who object to organ donation, for whatever reason, can record their objection on the new Relevant Organ Donation Opt-Out Register that is in the process of being established. The wishes of individuals on the Register will be respected in full, and their family will not be approached on the issue of organ donation.

There are a number of necessary elements which must be in place before this legislation can come into operation, e.g. supporting legislation, guidelines, and relevant codes of practice. It is my intention to commence the legislation at the earliest opportunity on a phased basis. Work is underway in the Department of Health and in the HSE to prepare for the commencement of the provisions concerning organ donation and transplantation including the Opt-Out Register, at the earliest possible opportunity.

Until the Act is commenced, the conditions for organ donation and transplantation in the State remain unchanged. Before any changes to the law take effect, there will be an information campaign to inform the public of the changes and give guidance on how an objection to donation can be registered.