William Aird (Laois, Fine Gael)
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1038. To ask the Minister for Health to report on the changes to the organ donation framework; the number of those opting out; and if she will make a statement on the matter. [63124/25]

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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Part 2 of the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 commenced on 17 June 2025. It provides, for the first time, a national legislative framework for organ donation and transplant services in Ireland.

Under the legislation, all adults in Ireland are considered to have agreed to be an organ donor when they die unless they have recorded a decision not to donate on the Relevant Organ Donation Opt-Out Register or are in one of the excluded groups. It is important to reassure people that family members will always be consulted before any action is taken. This is commonly referred to as a soft opt-out organ donation system.

Families will continue to be consulted as part of a safe and respectful organ donation process, while the wishes of the deceased should be central to any decision.

Most people in Ireland are in favour of organ donation, and the new system changes the default assumption to one that matches the prevailing public attitude regarding organ donation. Meanwhile, the Register is intended to ensure that a person’s right to autonomy, self-determination and bodily integrity is respected.

The wishes of those on the Register will be respected in full, and their family will not be approached on the issue of organ donation. This objection applies to the relevant organs under the Act, namely, the liver, lung, pancreas, heart or kidney.

I have been informed by the Health Service Executive that as of Friday 14 November 2025, 57,749 persons are on the Relevant Organ Donation Opt-Out Register. The current figure represents a small proportion of the eligible population.

The Act introduces the concept of the designated family member i.e. the person who will be consulted regarding consent or confirmation of no objection to donation. The Designated Family Member Guidelines have been published which outline the role of the designated family member in the context of consent under Part 2 of the Act and the conditions which must be met.

Part 2 also expands pathways for living organ donations to include non-directed altruistic donation allowing living donors to donate to the transplantation system rather than to a specific person.

Finally, the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) (Living Donor Reimbursement Scheme) Regulations 2025 have been introduced to place the Living Donor Reimbursement Scheme on a statutory footing. To date, the policy has been operated on a non-statutory basis. The intention is to minimise financial disincentives for potential living organ donors, with a view to ensuring the pool of living donors continues to expand. The policy is based on the premise that although reimbursement may be granted, such reimbursement cannot confer any financial reward on a potential donor.