Assembly Committee backs proposal to obtain powers to make laws on organ donation

4 February 2011

A Cross-Party group of Assembly Members has backed, in principle, a proposal to obtain powers that would allow the National Assembly to make laws on organ donation in Wales.

The proposed National Assembly for Wales (Legislative Competence) (Health and Health Services) Order 2011 would enable a new law to be proposed for a system of ‘presumed consent’ for organ donation.

The Welsh Government intends to use the powers to introduce a soft opt-out system of presumed consent.

This means that doctors would be able to remove organs from adults who live and then die in Wales where the law applies, unless a person has registered to opt out, but would adopt good practice by asking relatives for their agreement at the time of death. The current UK opt-in system of organ donation would still apply alongside the new arrangements.

The proposed Order says that new laws would only apply to people aged 18 and over.

Chair of Legislation Committee No. 1, Rosemary Butler AM, said: “The Committee received strong support for presumed consent from a number of organisations and members of the public during our inquiry.

“But support wasn’t unanimous and because of the emotive and sensitive nature of organ donation, one of our recommendations is for the development of a public education programme as part of the legislation which would arise as a result of this proposed Order.”

ENDS