Memorandum by Sean O'Neill MA and Paul
Tighe MA
We are writing to you in response to a call
for public submissions on the scope/content of the proposed human
tissue legislation. In particular, we wish to address the question
of whether an individual who has given no indication of his/her
wishes in respect of organ donation whilst alive, and has not
nominated a personal representative, should be dealt with on the
presumption that he/she would have agreed to the donation of organs
after death.
We are of the opinion that the presumption should
indeed be that the deceased wishes to donate their organs.
The current system is flawed in that the emphasis
is on the potential donor to get an organ donor card. We believe
that the majority of people would not have a problem with donating
organs and those who do object to the procedure on personal/religious
grounds are more likely to have their intentions known prior to
their death.
We believe that in the event of a person's death
unless they have chosen to add themselves to a "do not remove"
list any working organs should be available for transplant.
The capacity to opt out of donating is an important
facet of any new legislation in this area, including a high standard
of positive identification and a reliable register of non-donors.
We also believe a sympathetic approach should be taken to next
of kin who believe that the deceased may have wished to opt out,
but who for some reason remain on the register.
Given the current waiting lists for organs it
is a doubly terrible reality that of the many tragic deaths that
happen everyday no good can come from them to benefit others.
There is nothing more honourable than saving another life.
We urge you to include the presumption of a
will to donate in any new legislation.
23 August 2007
| 
