Wales has moved a step closer to being the first part of the United Kingdom to introduce an opt-out scheme for organ donation. A proposed legislative competence order (a form of secondary legislation) relating to organ and tissue donation has been laid before the Welsh Assembly. The aim of the order is to transfer specific powers from the UK parliament to the assembly in relation to consent to organ donation. It would allow Welsh ministers to introduce a system of presumed consent to organ donation. Edwina Hart, the assembly’s minister for health, said, “We would do that in order to increase the number of potential organs available for transplantation.
The number of patients in Israel who die while waiting for a transplant rose last year, and the number of transplantations fell by 20%, the annual report of the Ministry of Health’s National Transplant and Organ Donation Centre has said. As a result the shortage of organs has become more acute. Rafi Biar, chairman of the centre’s steering committee and director of the Rambam Medical Centre in Haifa, said that the main cause of the decrease is a new law that changed the protocol for defining “brain death” after discussions with the Chief Rabbinate. According to Jewish law death can be determined only after cardiopulmonary failure, and until recently the Chief Rabbinate had prohibited organ donation, as it did not recognise brain stem death. However, in 2008 the Israeli parliament passed a law that defines “brain respiratory” death as an indication of death for all legal purposes and also outlined the procedure that should be carried out to ensure that death had occurred.
The therapeutic use of organs poses certain risks which should be limited by a judicial framework covering all stages of the process from donation to transplantation. The safety and quality of organs should be guaranteed, as should the protection of donors and recipients through the competent authorities. ACT Directive 2010/53/EU of the European Parliament and of the Council of 7 July 2010 on standards of quality and safety of human organs intended for transplantation.
The Human Transplantation (Wales) Bill aims to increase the number of organs and tissues available for transplant by introducing a soft opt-out system of organ and tissue donation in Wales.