Ref: LCO-083

Proposed Presumed Consent for Organ Donation Legislative Competence Order

Nerys Evans

Pre-ballot Information: Outline Proposed Legislative Competence Order

Outline of proposed Order

To provide that appropriate consent is presumed for the activities set out in section 1 (1) (c) of Human Tissue Act 2004 for the prevention of disease in adults.

Pre-ballot Information: Explanatory Memorandum

Policy Objectives of the Proposed Order

At least one person dies every day while waiting for an organ transplant.  At the same time, bodies are buried or cremated complete with organs that could have been used to save lives, not because the deceased objected to donation but simply because they did not sign up to the Organ Donor Register or inform their relatives of their wishes.

An increase in the number of donors is therefore urgently needed. A system of presumed consent for adults where it is assumed that people are willing to donate their organs after death unless they opt out would play an important part in improving the organ donation system so that more lives can be saved.  Such a system would require certain caveats to be identified.

This Order would require amendment to Schedule 5 Field 9 Part 1 of the Government of Wales Act.