This item was published during the term of a previous administration that ended in April 2007
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Human Tissue Bill
30/11/2005
Important legislation affecting organ retention, organ donation and transplantation will be debated in the Scottish Parliament today.
Speaking ahead of the stage one debate, Deputy Health Minister Lewis Macdonald said:
"I am pleased that we have fulfilled the pledge we made to families affected by the issue of organ retention in the past. Much has already been done to address this issue but bringing forward this Bill shows that we have really listened to their concerns.
"We have learned from the public reaction to recent organ retention issues that for many people presumed consent does not count as a valid form of consent.
"We have consulted widely over the past three years to ensure that all options and views have been taken in to consideration as we fully recognise the sensitive nature of the legislation.
"That is why the Bill will seek to modernise the legal framework by strengthening the existing system, based on giving effect to people's wishes. We firmly believe that building upon the current 'opt-in' system is the right way forward for Scotland.
"It is important to note, however, that the Executive shares the BMA's concerns about shortage of donor organs for transplantation and that is why we have mounted intensive national campaigns to raise awareness and to get people to talk about the subject - the most recent of these launched last week.
"Millions of people in the UK carry organ donor cards and have made a positive choice to put their name on the NHS Organ Donor Register. I am confident we have produced a Bill that is fully respectful of people's individual rights to make that choice."
Royal College of Nursing Scotland Chair, Jane McCready, said:
"Nurses appreciate the impact waiting for a transplant has on patients and their families. However, an 'opt out' system is both wrong in principle and practically unworkable.
"Previous scandals involving the retention of children's organs have made it clear that health professionals should never presume consent. Neither should we interpret a person's silence as agreement to donate. We cannot allow apathy to become the basis for such an important decision.
"The Executive's proposals show how we can increase the number of donations while safeguarding the wishes of the deceased. Strengthening the current system is the way forward."
Consultant Surgeon and Clinical Director at Edinburgh Royal Infirmary Transplant Unit, John Forsyth said:
"I am delighted that the new legislation attempts to establish the primacy of the donor's views in the tragic situation where organ donation may occur. At this time, relatives will be approached to find out what the potential donor would have wanted. In addition, the organ donor register will be strengthened so that it will act more like a living will.
"These changes will make the legislation similar to the way in which Spanish law is put into effect. I can only hope that we too will see a positive effect on the organ donor rate in Scotland."
The Human Tissue (Scotland) Bill has three main elements:
- Provisions relating to hospital post-mortem examinations
- Provisions relating to organ donation and transplantation
- Modernisation of the Anatomy Act 1984