Changes to organ donation are set to come into force after the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill completed its passage through both the Dáil and the Seanad. The Bill means everyone will automatically become an organ donor unless they opt out.
The law, once signed by the President, will introduce an opt-out system of consent for deceased organ donation and associated register. It will also formalise practise and procedures and introduce a legal framework for the donation of organs for transplantation.
The Bill introduces a new statutory requirement for consent across all activities as well as safeguards to “protect the integrity of the human body before and after death and to prevent any organ retention without consent in the future,” a government press release read.
Increased funding of €1.6 million in 2024 was announced last week by Minister for Health Stephen Donnelly.
Commenting, Minister Donnelly said the passage of the Bill marked a “meaningful moment for healthcare” in Ireland.
He said that the Bill would enshrine “respect for the generosity of donors and their families, and respect for the dignity of the deceased.
“The Bill represents a significant step forward in the regulation of human tissue use in Ireland. It provides a robust, transparent, and ethical legal framework for the donation of organs for transplantation, the carrying out of post-mortem examinations, the use of bodies and body parts for anatomical examination and education, and the public display of bodies and body parts,” he said.
“To support and maximise the outputs from progressing this Programme for Government commitment, the Minister for Health is today confirming the additional €1.6 million of new development funding for services.
“This funding will support the implementation of the early phases of the 2024-2026 Organ Donation Transplant Ireland’s (ODTI) Strategic Plan, with the goal of increasing organ availability for transplantation, reducing the existing transplant waiting list of 601 people, funding the expansion of the National Potential Donor Audit (PDA), and promoting organ donation through the implementation of the Human Tissue Bill and a public awareness campaign.”
Under the new legislation, individuals will have the option to opt out of organ donation.
If a person chooses not to opt out, families will still be consulted, as is current practice. If a person registers their decision not to donate, this will be respected and their families will not be approached.
The Irish Kidney Association said it was calling for a clear public information campaign refatding the implications of the Bill, saying this would assure families they will continue to have a vital role, noting that the media has “an important role” to play also.
“The Bill introduces a soft Opt-Out register, signifying a cultural shift where it is assumed that everyone is a potential donor unless they register to Opt Out,” the organisation said.
“In cases where a person has recorded their decision not to donate on the Opt-Out register their decision will be respected and their families will not be approached. It’s important to clarify that while individuals have the option to opt out, families will still be consulted in cases where a loved one has not opted out. This ensures that an individual’s autonomy and the consent of families remains central to the organ donation process.”
In stressing the importance of family involvement, Carol Moore, Chief Executive of the Irish Kidney Association, stated, “It is crucial that there is an effective public information awareness campaign providing clarity about the new legislation and the vital role of families. Amidst the legislative changes, the decisions of families remain at the heart of the organ donation process.
“Therefore, the continued need for individuals to openly share their wishes regarding organ donation with their loved ones cannot be overstated.“The key difference under the new legislation will be that rather than being asked to consent to organ donation, families will be asked if they know any reason why their loved one would not consent to organ donation for transplantation.”
Cystic Fibrosis Ireland also said it welcomed the soft opt-out legislation, stating: “Under this system, consent for organ donation will be deemed unless the person has, while alive, registered their wish not to become an organ donor after death.”