Dáil Éireann Debate, Tuesday - 28 February 2023
570. Deputy Colm Burke asked the Minister for Health if he will clarify the situation that applies/pertains in a case where a person who has previously expressed an intention to donate an organ under the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022 and subsequently loses capacity, such as in a case of a dementia sufferer; and if he will make a statement on the matter. [9653/23]
View answer571. Deputy Colm Burke asked the Minister for Health if he will address the disparity in the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022, whereby a child under the age of 18 years can give consent as a parent of a minor, without recourse to the independent panel, but yet is not permitted to give consent as a designated family member, for example, for their parent or sibling; and if he will make a statement on the matter. [9654/23]
View answer575. Deputy Colm Burke asked the Minister for Health the reason families will not still be approached if their loved ones have opted out of the organ donation system, as is the case in other countries; and if he will make a statement on the matter. [9658/23]
View answer577. Deputy Colm Burke asked the Minister for Health if the proposed legislation on organ donation permits retrieval and transplantation of solid organs, which are not specified in the proposed legislation on organ donation as reserved organs, but which can currently be transplanted, such as cornea, or may become transplantable in the future; and if he will make a statement on the matter. [9661/23]
View answer578. Deputy Colm Burke asked the Minister for Health if the opt-out register facilitates individual opt-out of relevant organs under the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022, as distinct from a collective opt-out; and if he will make a statement on the matter. [9662/23]
View answerI propose to take Questions Nos. 570, 571, 575, 577 and 578 together.
The Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022 will provide, for the first time, a national legislative framework for organ donation and transplant services in Ireland. Consent is the cornerstone of this new legislation.
Under the legislation, all adults in Ireland will be considered to have agreed to be an organ donor when they die unless they have recorded a decision not to donate on an Opt-Out Register or are in one of the excluded groups. This is commonly referred to as a Soft ‘Opt-Out’ Organ Donation system.
Deemed consent does not apply to adults who for a significant period before their death lacked the capacity to understand that their consent would be deemed if they did not register their objection to donate on the opt-out register. In such cases, the family can still be approached and consent to organ donation. Clinical guidelines will set out criteria to assist clinicians in determining whether this situation applies.
In instances involving a deceased child, consent or confirmation that there is no objection to donation must be obtained by a parent or guardian of that child. This provision extends to a parent who is under the age of 18, respecting their rights as a parent to make a such an important decision.
In cases involving deceased adults, consent or confirmation of no objection to donation must be obtained from a designated family member. Children under the age of 18 are not included in this hierarchy and can not provide consent, but can be included in family discussions on such matters.
The opt-out register allows a person who is opposed to becoming an organ donor to opt-out of donation of relevant organs by signing up to the register before their death. This will ensure that their right to autonomy, self-determination and bodily integrity is respected and as such their family will not be approached on the issue of organ donation.
The opt-out register will not facilitate opt-out of individual relevant organs. Relevant organ are defined in the legislation as the liver, lung, pancreas, heart or kidney. If an individual wishes to be a donor but has certain views on what organs or tissues and cells they wish to donate, it is important they discuss this with their family to make sure their family are fully informed of their wishes, whatever they may be.
The Human Tissue Bill permits and supports the transplantation for donation or human application of any organ or tissues and cells currently authorised in the State.
