Organ Donation (Presumed Consent) Bill

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A Private Members' Bill was presented, through the ballot procedure, to parliament on January 21.

The aim of the Bill is to introduce a presumption that consent has been given for the donation of organs for transplantation unless the person who has died has previously registered an objection to this. Exceptions to this presumption would be made only:

* if the person’s spouse, partner, parent or child could provide information that the person had expressed an objection to organ donation that had not been registered
* if proceeding with the donation would cause distress to the person’s spouse, partner, parent or child.

Shadow chief secretary to the Treasury, Jeremy Browne (Lib Dem, Taunton), opened the second reading debate Organ Donation (Presumed Consent) Bill.

Browne said that 8,000 people in the UK are currently on the organ donor list awaiting an organ transplant, and highlighted that approximately 1,000 people die every year because a suitable organ does not come up in time to save them.

Browne outlined that under the existing system, 26 per cent of the population is on the organ donor register, but 90 per cent say they have no objection in principle to their organs being used.

Dr Brian Iddon (Lab, Bolton, South-East) emphasised the need to persuade more people from the black and ethnic minority communities to donate organs.

Browne acknowledged that certain ethnicities are more prone to some genetic predispositions.

He said that under the Bill, there would be an opt-out register. He outlined that there would be a presumption that people’s organs would be available for transplant unless they specified that that was not what they wanted.

He added that people would be able to opt out of giving some organs and not others, or to opt out altogether. Browne also highlighted that the chief medical officer has argued that the only way to meet the current demand for organs is to change the legislation to an opt-out system.

Browne suggested that the presumption of consent should not apply to those under the age of adulthood.

He went on to say that the period between the Bill becoming law and taking effect should be three years, as it will not be easy to make the transition in a short time. He outlined the need for an educational process to raise public awareness, and enhance the availability of hospital facilities.

Christopher Chope (Con, Christchurch) asked what protection the Bill would provide to foreign visitors or illegal migrants whose identity would not be known to the authorities.

Browne argued that there should be “an element of quid pro quo”.

Stephen O’Brien (Con, Eddisbury) said that the current system is “clearly asymmetric and out of balance”, referring to the recent finding that more than 800 organs are going to non-EU nationals, but close to 100 are coming as part of the quid pro quo.

The parliamentary under-secretary of state for health, Ann Keen, highlighted that the Organ Donation Taskforce made fourteen recommendations, including the creation of a UK-wide organ donation organisation. This organisation should be the responsibility of NHS Blood and Transplant.

She said that an independent UK-wide donation ethics group was also recommended, as well as electronic online donor registration and organ offering systems.

Keen said that the government’s view is that “the arguments in favour of moving towards a system of presumed consent, as opposed to retaining current arrangements, are finely balanced.”

The debate was adjourned, to be resumed on Friday June 19 2009.


Progress

House of Commons

First reading: January 21 2009 [HC Bill 21]

Second reading: March 13 2009

June 19 2009