Marian Harkin
Question:163. Deputy Marian Harkin asked the Minister for Health when the register for opting out of organ donation will be up and running. [15613/24]
View answerWednesday, 10 April 2024
Questions (163)
Written answers
The Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 was passed by the Dáil on 21 February 2024 and signed into law by the President on 28 February 2024.
The Act is a composite piece of legislation that includes provisions around organ donation and transplantation, 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 made a statement of objection to donation. However, it is important to stress that family members will always be consulted before any action is taken.
Furthermore, under the legislation, those who object to organ donation, for whatever reason, can record their objection on a new Register that is to be established. The wishes of individuals on the Register will be respected in full, and their family will not be approached on the issue of organ donation.
I can assure the Deputy that it is my intention to commence the provisions of this Act at the earliest opportunity. There are a number of necessary elements which must be in place before this legislation can come into operation, e.g. supporting legislation, guidelines, and relevant codes of practice. Work is underway with my officials and in the HSE to prepare for the commencement of this legislation at the earliest possible opportunity.
It should be noted that the various Parts of the Act deal with somewhat discreet areas and I will have due regard to this when looking to commence the various provisions of the Act.
Until the Act is commenced, the conditions for organ donation and transplantation in the State remain unchanged. Before any changes to the law take effect, there will be an information campaign to inform the public of the changes and give guidance on how an objection to donation can be registered.