“Opt-out” organ donation bill comes before Holyrood

Scotland will move to a “soft opt-out” system for organ and tissue donation, under legislation just introduced to the Scottish Parliament.

The Scottish Government's Human Tissue (Authorisation) (Scotland) Bill will change organ and tissue donation from the current “opt in” system to one in which, if someone has not stated a decision about donation, they may be deemed as having authorised it.

Under the proposed system there will be protections for adults without capacity to understand deemed authorisation, adults resident in Scotland for less than 12 months – in both categories the “nearest relative” can give authorisation on their behalf – and children under 16, for whom there is a separate part of the bill governing authorisation, providing distinct schemes for children aged 12 or over and those under 12.

There are further safeguards in the bill to ensure that people’s wishes regarding donation are followed and that families will be asked about their loved one’s views to ensure donations do not occur where the person would not have wished it.

Ministers can also make regulations, after consultation, prescribing “excepted body parts” to which the opt-out scheme does not apply.

The move to an opt-out system received 82% support from respondents in a public consultation in 2017.

Public Health Minister Aileen Campbell commented: “We need to do all we can to further reduce the number of people in Scotland waiting for transplants. We have made significant progress over the past decade, and moving to an opt-out system will be part of driving a long term change in attitudes towards organ and tissue donation.

“Organ and tissue donation is an incredible gift. Importantly, under the proposed system, people will still be able to make a choice about donation as they can now, and there are safeguards to ensure their wishes are followed. I would encourage people to continue to make a decision about donation and to tell their family.

“Organ donation can only occur in tragic circumstances, and every donor, supported by their family, makes a selfless decision that can save other people’s lives.”

Fewer than 1% of people die in circumstances that enable organ donation to proceed, as a potential donor usually has to be in an intensive care unit and there may be medical reasons that mean organs are unsuitable for transplantation.

Click here to access the bill and related papers.