Health, Wellbeing and Local Government Committee

Committee Inquiry: Presumed Consent for Organ Donation

Call for Evidence

The Health, Wellbeing and Local Government Committee is undertaking an inquiry into the presumed consent for organ donation, and is calling for those with an interest or expertise in this area to submit written evidence.

Background

Terms of Reference

Questions to consider in preparing evidence

Written Consultation Responses

Final Report

Minister's Response

Background

Set against this are the concerns of those that have moral, ethical or religious concerns about the issue or of those that feel that the donation of organs is a matter for individuals and their families and that the state should not intrude into this sensitive area.

The Committee has agreed to undertake its own inquiry looking at issues such as the possible legal framework for a system of presumed consent, the views of the public and interested parties, and how any system in Wales would work in conjunction with the rest of the UK.

Although the Assembly does not currently have legislative competence in this area, there appears to be no fundamental reason why it could not seek the powers it would need by introducing a Legislative Competence Order (LCO).

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Terms of Reference

The Committee has agreed the following terms of reference for the inquiry:

Moral, ethical, religious and social views on presumed consent
The potential legal framework for such a system
Examples of weak and strong systems of presumed consent
Existing infrastructure, resources and organisations
Additional resources and infrastructure that would needed
The interaction between Welsh and UK Transplant arrangements
The views of the public, including minority groups.
Options for improving levels of organ donation without introducing presumed consent

Questions to consider in preparing evidence

1. Presumed consent is currently being considered by the UK Government and within the European Union. Should Wales move ahead on its own or should changes only be introduced on a wider basis? How problematic would it be to operate different systems of consent in different parts of the UK or the European Union?

2. Systems of presumed consent are usually described as "weak” (where loved ones are able to object to or prevent the removal of organs) or "strong” (where the views of loved ones do not carry such weight). What are your views on the two systems?