Public awareness crucial to new organ donation law, Society warns

Public awareness will be crucial to the success of an opt-out organ donation system if it is introduced to Scotland, the Law Society of Scotland claimed today.

Ahead of tomorrow's Scottish Parliament debate at stage 1 of the Human Tissue (Authorisation) (Scotland) Bill, the Society called for greater public awareness and guidance on the consequences of such a scheme.

The bill would reverse the current position and presume an individual wanted their organs to be used unless they recorded their views to the contrary.

Giving evidence during the Health & Sport Committee's scrutiny of the bill, the Society said that the role of the family would be key to the success of the proposed system.

Alison Britton, convener of the Society’s Health & Medical Law Subcommittee, reiterated today: “Public awareness is crucial, and we support the Health & Sport Committee’s recommendation for a high profile and targeted public information campaign to meet the needs of our diverse society. However, we feel that any publicity should be over a prolonged period and start sooner than the 12 months recommended by the committee.

“The legislation would bring radical change to the legal basis on which organs can be used for transplantation and has the potential to affect the entire Scottish population. It is important to be as transparent as possible to engage the public, and those working within the healthcare sector, on the proposed changes outlined in the bill.”

She added: “Currently, the wishes of the family are considered, but this has developed through custom and practice, rather than by legislation. The new proposals do not place a duty on healthcare professionals to find out the wishes of the family, but instead to determine the family’s knowledge of the potential donor’s wishes. In practical terms, it would be difficult to proceed against the wishes of the family, and specific guidance should be published for families and healthcare professionals on the consequences of a soft opt-out scheme.”

The Society has also called for further clarity on what will happen to those who are currently registered as an organ donor in Scotland, and for a post-legislative review of the Bill after five years.