Written answers
Tuesday, 24 June 2025
Department of Health
Legislative Measures
Mairéad Farrell (Galway West, Sinn Fein)
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771. To ask the Minister for Health regarding the Transplantation, Post-Mortem, Anatomical Examination and Public Display Act (2024), to outline the guarantees in place that participants will only have their organ and tissue used for transplantation purposes, and not, for example, used as part of any commercially driven research; are there any sanctions are in place in the event that any abuse of the scheme takes place; and if she will make a statement on the matter. [33747/25]
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.
Part 2 of the Act, which commenced on 17 June 2025, provides for the first time a national legislative framework for organ donation and transplant services in Ireland.
The provisions of Part 2 centre around the carrying out of transplantation activities. Transplantation activities refers to any or all of the following:
- the removal of an organ from the body of a living or deceased person for the purposes of transplantation,
- the removal of tissues and cells from the body of a living or deceased person for the purposes of human application,
- the use of any organs or tissues and cells removed from the body of a living or deceased person for the purposes of transplantation or human application.
The Act provides for offences related to either carrying out a procedure without consent or failing to keep proper records of consent and management of material.
Offences relating to consent can result in a class A fine and/or up to 6-month’s imprisonment for a summary conviction. If convicted on indictment, it may result in a fine of up to €120,000 and/or imprisonment for up to 3 years.
Offences relating to management of records can result in a class C fine and/or up to a 6-month’s imprisonment for a first-time offence. Subsequent convictions can receive a class A fine and/or imprisonment for up to 12 months.
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