National Assembly for Wales

Ref: LCO-007

Proposed Organ Consent Legislative Competence Order

Jenny Randerson

Pre-ballot Information: Outline Proposed Legislative Competence Order

Outline of proposed Order

Field 9 (Health and Health Services) of Part 1 of Schedule 5 to the Government of Wales Act 2006 is to be amended as follows:

At the end of Field 9 ‘health and health services’ insert: Provision allowing that in certain circumstances appropriate consent relating to human organ donation is presumed unless the contrary is established ".

Pre-ballot Information: Explanatory Memorandum

Policy Objectives of the Proposed Order

Reasons for conferral of legislative competence

Some people with liver cancer and other conditions would benefit from early organ replacement and current levels of organ donation are too low. Hundreds of people die each year in the UK awaiting a transplant (460 in 2004/05). As at 31st 2005 March 21% of the Welsh population are registered potential organ donors. Many people wish that on death their organs be used to save the lives of others but have not opted in to the current system.

According to the British Medical Association studies show that around 90% of the UK population would be willing to donate organs after their death, yet only 22% of or 13 million people are registered on the NHS Organ Donor Register.

Why the LCO is the most appropriate vehicle?

It would transfer the presumption of organ donation consent into Field 9 in Part 1 of Schedule 5 of the Government of Wales Act: health and health services.

Current Legislative competence of the Assembly

The Welsh Assembly Government currently has no powers over organ donation

Support Received

British Medical Association

The Assembly proposes that for the purposes of disease treatment Welsh residents are presumed to be organ donors on death unless:

  1. They have opted out
  2. The person cannot be identified
  3. The persons place of residence cannot be identified
  4. The wishes of the deceased can be proven to be contrary after relatives have been contacted
  5. Immediate relative or relatives object

Appropriate consent is presumed forthe activities specified in section 1(1)(c) of the 2004 Human Tissue Act for the purposes specified in Field 9 of Part 1 of Schedule 5 of the Government of Wales Act: health and health services where this is required for the treatment of disease.