This item was published during the term of a previous administration that ended in April 2007
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Organ transplant consultation
18/03/2004
Consultation on new legisation to address the country's
severe shortage of organs for transplantation began
today.
It includes consideration of new ways to help patients
needing transplants and improve safeguards for donors.
Health Minister Malcolm Chisholm said:
"We know that 90 per cent of the population supports
organ donation and transplantation. We need to build on
that support by putting in place a modern piece of
legislation to replace the Human Tissue Act 1961.
"The proposals in this consultation build on the work of
two expert groups and are consistent with proposals for new
legislation in the rest of the UK.
"One of the key proposals for new legislation is aimed
at respecting the wishes expressed by an adult individual
while still alive. We believe that by strengthening the
system of 'opting in' in this way, we will increase the
number of organs becoming available for
transplantation.
"For live donor transplants, the main change proposed is
the extension of independent scrutiny to all live
transplants, not just those between unrelated individuals.
This will ensure that the donor really wants to undergo the
operation, understands the risks of the procedure and has
not been offered any financial inducement.
"This is a very important piece of work and we are
anxious to canvas views from as wide a range of people as
possible."
Commenting on the Executive's current advertising
campaign, aimed at encouraging people to talk to their
families and loved ones about their wishes, Mr Chisholm
said:
"It is essential to get the message across that, as well
as carrying an organ donor card or being on the NHS Organ
Donor Register, people should talk about their wishes with
their loved ones. It's much better if that conversation
takes place quietly in a familiar setting, rather than in
hospital without any preparation in the first anguish of
bereavement."
Chair of the Scottish Transplant Group John Forsythe
said:
"This is an important consultation. There has been a lot
of discussion about issues in transplantation over the last
few months and we need the views of a wide spectrum of
people to influence legislation on this subject in
Scotland."
The proposals build on the Scottish Transplant Group's
Organ Donation Strategy and the reports of the Review Group
on Retention of Organs at Post-Mortem.
On transplantation from people who have died, the
proposals for new legislation are aimed at respecting the
wishes of the adult individual who is now dead,
including:
- Carrying a card or registering should be seen as a
form of authorisation
- Where people expressed an objection to their organs
being retrieved, that would be respected
- Where people had not expressed any wishes, the
legislation would provide for authorisation from those
who were closest in life to the deceased
- In the case of children, organ donation could take
place only if the parents had given their
authorisation
- The new legislation would continue the penalties
for trafficking in organs, currently contained in the
Human Organ Transplants Act 1989, but at present-day
levels
3. The shortage of organs in the UK has led to a growing
emphasis on donation from the living, particularly kidneys,
where the waiting list is the longest. At present,
transplantation of whole organs from living people is dealt
with in the Human Organ Transplant Act 1989.
Proposals for such transplants are subject to
independent scrutiny where the potential donor and
recipient are not related. The main change proposed by the
Consultation Paper regarding transplantation from a living
donor is that that independent scrutiny would be extended
to all live transplants, to make sure that family members
do not exert undue influence on the donor.
In addition, no-one under the age of 16 would be allowed
to authorise the donation of their own organs, and parents
would not be able to authorise the removal of an organ from
a living child under the age of 16.
Currently, independent scrutiny is carried out by a body
called ULTRA (Unrelated Live Transplant Regulatory
Authority) for all unrelated living transplants.