Holyrood committee fails to back organ transplant law change
MSPs on Holyrood's Health & Sport Committee have declined to give their backing to a member's bill designed to increase the number of organs donated in Scotland.
Labour MSP Anne McTaggart's Transplantation (Authorisation of Removal of Organs etc) (Scotland) Bill would introduce a "soft opt-out system" for organ donation, which would allow (in certain circumstances) the removal of parts of a deceased adult’s body for the purposes of transplantation in the absence of express authorisation, with scope not to proceed if this would cause severe distress to the family.
Concerns were expressed in evidence before the committee over provisions including the appointment and registration of proxies to take a decision on donation after a person's death, over "authorised investigating persons" who would determine whether a peson's organs could be lawfully removed, and how the bill would apply to adults with incapacity.
In the committee's stage 1 report, the majority of members conclude that they have not been persuaded that the bill is an effective means to increase organ donation rates, due to serious concerns over some of the practical implications. They also consider that there is not enough clear evidence to demonstrate that specifically changing to the opt-out system would, in of itself, result in an increase in donations. As a result they cannot recommend the general principles of the Bill.
However, they believe that along with ongoing efforts to increase organ donation rates, there may be merit in developing a workable soft opt-out system for Scotland. They therefore call on the Scottish Government to begin work in preparation for a detailed consultation on further methods to increase organ donations and transplants in Scotland, including soft opt-out, as an early priority in the next Parliament, learning from the experiences of Wales which is currently implementing its own opt-out legislation.
A minority of the committee do support the general principles of the bill and consider that it needs to be introduced now so that the resulting increase in organ donation rates can benefit those currently on transplantation waiting lists.
Committee convener Duncan McNeil MSP commented: “There is no doubt that everyone we heard from is passionate about the need to increase organ donation rates in Scotland. As a committee we heard of the transformative effects of organ donation on those who receive organs and their families. We recognise the devastating impact on all aspects of family life of those who are waiting for donated organs.
“As a committee we have to consider all the evidence placed in front of us and it was clear that there are differing views about the best way to increase donation rates.
“Whilst the committee supported the aim behind the legislation, a majority couldn’t support the detail."
The full Parliament will now decide whether the legislation should progress.