Proposed Legislative Competence Orders relating to Organ Donation and Cycle Paths - Welsh Affairs Committee Contents


Letter to Mr David T.C. Davies MP, Chair, Welsh Affairs Committee from Mrs Eileen Rowlands

I am writing to you as a Welsh, United Kingdom citizen, in your capacity as Chair of the Welsh Affairs Select Committee in Parliament. I am extremely concerned about the Welsh Assembly's current proposal to introduce a law on organ donation, in favour of Presumed Consent.

I am aware that the matter has been referred to the Committee and Attorney General for further scrutiny and have listened to recent debates about the issue on BBC Wales television, in particular, Dragon's Eye, February 17. None of these debates have described how a person will possibly come to be considered as an organ donor or the procedures that will occur when retrieving organs. Very real issues which the general population should know when making vital decisions. In my experience, so few do!

I do not believe that the Assembly are competent enough to legislate on all matters that relate to Health and Health Services in Wales. I believe there is a conflict of interests in this area, especially since the Neurological Department at Morriston Hospital in Swansea has been transferred to Cardiff. Critically head-injured patients in Swansea and further west would have to be transported and treated there, and consequently might lose precious time in which injuries and their effects worsen.

I believe that the AM for Health has a responsibility to these patients, but by closing the critical neurological department at Morriston Hospital she has deprived them of the early intervention they require for optimum recovery.

Research stresses the importance of quick and professional treatment very soon after head injury. In many cases adequate treatment could minimize medical damage and lessen the mortality rate. The importance of getting a patient to a medical centre for appropriate treatment within the VERY FIRST HOUR from the moment of injury...the "Golden Hour" cannot be stressed enough.

Quicker link-up with senior medical personnel, use of advanced technologies of location, diagnosis, monitoring and treatment from the very first moment of injury, should be initiated in order to improve the chances of survival and lessen the chance of death.

Perversely, these will be the patients (not yet cadavers) who will be considered as "presumed donors"! Energy and resources should be directed in this area, rather than towards changing a system which already works, and introducing a law which will do little to improve the chances of potential organ recipients.

Early intervention for critically, brain injured patients could alleviate swelling of the brain and pressure on the brain stem...the main cause of "brain stem death". Brain stem death became a very convenient criteria for diagnosis of death in the UK, when the technology and requirement for human transplantation became more successful and demanding.

However, I as an individual, an intelligent, articulate mother, did not consider the diagnosis of brain stem death to be final expiration of my son, when in 1987, I offered my son's organs for transplant. I understood my son to be fatally injured, with no hope of recovery. But, despite asking to be present when the ventilator was switched off, I was not aware, nor made aware, that my son would still be ventilated when his organs...his heart, his liver, his kidneys, were removed from his body. Moreover, having discussed organ donation with him, I know that he also was completely unaware of this information.

The perception of death is a very personal one, but research has shown that even in someone who has been declared as brain stem dead, the brain still retains residual energy.

Most significantly, in their pursuance at any cost, of introducing legislation for Presumed Consent, AMs, Edwina Hart and Dai Lloyd must consider, that although clinical guidelines have been developed to define brain stem death, these have not been incorporated into legislation, which means diagnosis is NOT A LEGAL DEFINITION OF DEATH.

I enclose several attachments for your perusal and consideration: a letter submitted to my local newspaper and printed as an article.[83] Also enclosed is a copy of research I have discovered since writing this letter, with significant points highlighted for scrutiny.[84]

I understand that Lord Dafydd Wigley plans to raise the issue in the UK Parliament's second chamber and this question is scheduled to be answered in the Lords on Wednesday 23 March.

I trust you will read my letter and its contents and give them consideration in the scrutiny process. If the working parties for Parliament did not find it appropriate to introduce legislation for Presumed Consent for the rest of the UK, then it is not appropriate for Wales!

March 2011


83   Not published in the virtual volume. Back

84   Not published in the virtual volume. Back


 
previous page contents


© Parliamentary copyright 2011
Prepared 4 April 2011