Wales: Organ Donation

Baroness Finlay of Llandaff Excerpts

Wednesday 23rd March 2011 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, as we do not yet have any legislation, the first part of my noble friend’s questions about the provision of services may be premature. I simply observe that practical issues could arise if such legislation were to come to pass, given that the Human Tissue Act 2004 and the equivalent legislation for Scotland means that in England, Northern Ireland, Scotland and at the present time in Wales there is no presumed consent. There has to be active consent. Therefore, if there was a donation from Wales, the question would arise whether that was allowed to be used in other parts of the United Kingdom if there had only been presumed consent.

With regard to Europe, there has been a recent EU directive, to be implemented by August 2012, that requires member states to verify donor or donor family consent. It recognises that different states have different opt-in, opt-out systems of consent. There are no specific plans for a European donor card, but member states are working together to raise the important profile of donation and to encourage more people to support or agree to donation.

[Baroness Finlay of Llandaff]

My Lords, will the Minister explain what work is currently being undertaken to ensure that where Welsh patients are transferred to ITU beds, that system would be able to continue in the future, and how IT intensive care beds are being increased? A shortage of intensive care beds across both England and Wales is in part responsible for some of the low donation rates, so conflicts may arise when Welsh patients are in English intensive care beds.

[Lord Wallace of Tankerness]

My Lords, it is difficult to speculate about what might happen, although if there was opt-out legislation in force in Wales, for example, and a person ordinarily resident in Wales was in hospital in England or another part of the United Kingdom, would somebody have to look up not only the donor register for the whole of the United Kingdom but also a possible opt-out register for Wales? There could be practical difficulties. No doubt that matter will be addressed should any legislation come before the National Assembly for Wales.

It is also important to stress the fact that, following on from the independent organ donation task force report in January 2008, considerable efforts are being made to raise the profile of donation and to put in place trained nursing and clinical staff who can take on the important task of talking to relatives. Indeed, since the recommendations of that report were implemented, donations have increased by some 28 per cent.