Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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291. To ask the Minister for Health the reason for the delay in commencing the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024; what steps are being taken to deal with the delay; if she can give a date for the commencement; and if she will make a statement on the matter. [15995/25]

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.

The Act is a composite piece of legislation that includes provisions around donation and transplantation of 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.

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 in it are brought into operation in a coherent manner.

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.

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.

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. 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.

I intend to commence the legislation at the earliest opportunity on a phased basis, beginning with Part 2 of the Act which concerns donation and transplantation. Work is underway in the Department of Health, in the HSE, and with other stakeholders to prepare for this.