David Cullinane (Waterford, Sinn Fein)
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2061. To ask the Minister for Health when she will commence the human tissue Act 2024 in full; the status of each section; if it has been commenced; if regulations have been prepared, as necessary; when she will commence sections relating to retention and disposal; and if she will make a statement on the matter. [19043/25]

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 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.

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.

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.

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 aspects 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 donation and transplantation. Work is underway in the Department of Health, in the HSE, and with other stakeholders to prepare for this.

Following commencement of Part 2, the remaining Parts of the Act dealing with post-mortem practice and procedures, anatomical examination, and public display of bodies after death will be progressed to commencement at the earliest opportunity.