Organ Donation Register

Mark Durkan Excerpts

Tuesday 17th June 2014 Westminster Hall

[Mark Durkan (Foyle) (SDLP)]

Thank you, Mr Hollobone, for calling me to speak. It is a pleasure to join in this debate under your chairmanship. I pay tribute to the hon. Member for Burton (Andrew Griffiths) for introducing the debate in a sensitive but passionate way.

I recognise that the hon. Member for Montgomeryshire (Glyn Davies) and I may come at this issue from slightly different perspectives, and may put slightly different emphases on the issues of presumed consent, opt-outs and soft opt-outs, but there is absolutely no difference between us—or between any of us who are present—as regards our fundamental motivation, which is to secure the optimum number of organ donations, and the optimum benefits for the lives of so many of our constituents.

Like other hon. Members, I have personal experience of this issue. I had a friend who, many years ago, benefited from a kidney transplant provided under the fairly primitive arrangements then in place in the grounds of the then Belfast City hospital. It did not seem to be the most propitious setting in which such a significant life-improving operation could take place, but it was life-improving, thanks to the skill and commitment of those involved. Of course, services have developed in so many ways since then.

I have seen a number of people in a family suffer from cystic fibrosis; that family lost children who died while waiting for transplants. Like others, I have made commitments and promises to do everything that I could in any opportunity that fell to me in public life to improve the prospect of more transplants being available for people in such circumstances.

I have also seen people take some consolation in their bereavement and grief from the organ donations of their loved ones, which has meant that someone else has had the gift of life, or improved life. Obviously, I have also seen people who have benefited from organ transplants, although perhaps not for as long as they would have wished. Again, those benefits will be achieved and extended if we can develop and improve the services of those very special skilled people who are involved in delivering the benefits of transplants to people.

I also speak as someone who witnessed, as we all did in Northern Ireland, an act of altruism by a fairly public figure, Joe Brolly, a brilliantly skilled sportsperson and all-Ireland championship winner who played for Derry back in the early 1990s. He donated a kidney to help a friend, Shane Finnegan, whom he had met as a volunteer coach in his local Gaelic Athletic Association club in Belfast, because he knew the difference that it could make. Unfortunately, the transplant has not worked out for Shane, but the cause goes on. Both Shane and Joe are absolutely united in encouraging politicians and legislators in Northern Ireland and elsewhere to achieve more progress on organ donation. They are categorically in favour of moving towards a soft opt-out system.

All of us are sensitive to some of the concerns that are feeding back to us in that regard, however. I was in this Parliament back in 2008, and was supportive of the initial indications coming from the organ donation taskforce, but we were all sensitive to the issues and considerations that came back to us. We want to move forward on this issue, and to achieve progress that is sustainable and durable, with no unforeseen consequences or counter-productive effects. I believe that presumed consent leads to higher donation rates, but the way that it is framed is important.

I note the important point, made by the hon. Member for Burton, that the current opt-in system is essentially a soft opt-in, in that families are able to override it. It might be more productive to discuss and take forward some of the issues connected to the soft opt-out, rather than to go for a hard opt-in; the latter might be more difficult and could create other issues or difficulties, particularly given the point made by the hon. Member for Strangford (Jim Shannon) about the apprehensions or misgivings that are shown in survey research to underlie some of the concerns and reservations that kick in whenever people are asked to think beyond whether they simply support organ donation in principle. When they think about it in practice, reservations or concerns seem to come into play, and all of us who might have a different perspective on how to legislate on this issue need to be sensitive to those concerns. We should not conduct the debate in such a way as to create mixed signals, or leave people thinking that there might be something untoward going on in relation to how organ donations are secured.

It is important to respect the fact that there will be legislation at different levels, not just within the UK but within these islands. The Welsh legislation has been cited, and the Irish Government are committed, under their programme for government, to legislate for a form of soft opt-out. In arguing about the different legislative choices, we need to be careful that we do not send out messages that create any doubts or difficulties.

Steps taken here since 2008 have achieved a much higher rate of organ donation. If the legislation in Wales achieves a higher rate of donations, and if legislation in the Republic does the same—there is also a consultation going on in Northern Ireland—we need to remember that those organs may not necessarily all be used within the jurisdiction in which the relevant legislation has arisen. That is another consideration. If we are to optimise not just the number of organ donations but the number of people benefiting from donations and transplants, we need to look at the networks, systems and infrastructure, to make sure that we fully utilise as many organs as are donated. Some organs are available on a so-called national basis, and others on a regional basis. That creates a disparity in terms of benefits and effects.

One concern I have heard about whether organ donation was worth while came from a constituent, who told me that they had watched a TV drama—I am not sure whether it was “Holby City”, “Casualty” or something else—in which being able to get the relevant organ for donation came down to whether a doctor in one hospital knew somebody in another hospital. My constituent was concerned about the idea that whether the organ donation system actually worked could come down to something so coincidental; they were left thinking that the system was not that sophisticated, and was hit and miss. I do not know whether that anecdote is accurate. If it is, it proves that there is a need to improve networks; if it is not, it proves that broadcasters and others need to be careful about the kinds of indications and suggestions they give about topics such as this, and should not use dramatic licence in a way that gives people cause to doubt the efficacy of the transplant system.

The British-Irish Council takes in all eight Administrations around these islands who legislate and provide services in different ways. It seems to me that it would be a good forum in which to not just discuss the balance, comparability and compatibility of legislative arrangements throughout those jurisdictions—the more consistent they are, the better—but make sure that we optimise the networks, so that organs that become available in any one part of these islands can benefit anybody in any other part. It should not be left to a random mix of different networks, as that sub-optimises the use of organs. They are given for the best of motives, so we need to make sure that we have the best arrangements to extend the benefits of these important gifts.

[Mr Philip Hollobone (in the Chair)]

We have 23 minutes left, so if the Front Benchers will split the time between them in a fair and equitable way, it will be much appreciated.