Dáil Éireann Debate, Tuesday - 16 July 2013
1037. Deputy Thomas Pringle asked the Minister for Health the action he plans to take to prohibit the trafficking of human organs from non-consenting persons; and if he will make a statement on the matter. [35379/13]
View answer1141. Deputy Maureen O'Sullivan asked the Minister for Health if on his visit to China he discussed the issue of forced organ harvesting practised against practitioners of Falun Gong in China; and if he will make a statement on the matter. [35461/13]
View answer1149. Deputy Patrick Nulty asked the Minister for Health in view of the allegations of forced organ harvesting in China, if he will consider the need for legislation, at national and European Union level, to prohibit the trafficking and use of such organs in the State; and if he will make a statement on the matter. [35524/13]
View answerI propose to take Questions Nos. 1037, 1141 and 1149 together.
Human trafficking for the purpose of the removal of organs is criminalised under the Criminal Law (Human Trafficking) Act 2008.
In addition, the removal of human organs without consent or for payment is an offence under the European Union (Quality and Safety of Human Organs Intended for Transplantation) Regulations 2012 - S.I. No. 325 of 2012. These Regulations give effect to Directive 2010/53/EU. Under the Regulations, it is an offence to traffic, harbour, import or export organs contrary to the Regulations and the Directive. The Regulations set out a framework encompassing the establishment of competent authorities, the authorisation of transplantation centres and the establishment of conditions of procurement and systems of traceability.
My Department is also preparing legislative proposals for a Human Tissue Bill which will set out a detailed consent framework for the removal, donation and use of organs from deceased and living persons for the purpose of transplantation.
I wish to advise the Deputy that the issue of forced organ harvesting practised against practitioners of Falun Gong in China was not discussed during my visit in August 2012.
