Discussion Forum: Inquiry Into Presumed Consent for Organ Donation

The Health Wellbeing and Local Government Committee is carrying out an inquiry into the potential for making changes to the way body organs are donated in Wales.

Organ donation can be a sensitive subject, and the Committee wants to find out the views of as many people in Wales as possible.

At present, organs are only taken from people who have died if they have registered as a donor with the NHS Organ Donor Register or carry a card and if their loved ones have no objections. In some countries, a different system operates. When people die their organs can be taken automatically unless they have previously registered an objection. This system is called presumed consent. Some of the countries who use this system allow loved ones to object to or prevent the removal of organs; while others do not.

Presumed consent as a means of obtaining organs for transplantation has increasingly become a focus for public debate in the UK because of a shortage of donors. Concerns are increasing that social and health trends will lead to even greater demand for transplants in the future.

The current system of registering to become a donor means that:

• People have to make their wishes known to their loved ones
• Loved ones can object even if the person wanted to donate their organs
• Loved ones can be asked to make a decision at a time of extreme distress

A system of presumed consent would mean:

• Organs could automatically be taken unless an individual had stated they did not want this to happen.  
• The state would decide whether loved ones would be able to override an individual’s wishes or whether they would not be given that option.
• Loved ones could potentially still be faced with making a decision or facing an unpalatable event at a time of distressing time

A message from Jonathan Morgan AM, Chair of the Committee

The Health, Wellbeing and Local Government Committee wants to hear your views on Organ Donation.

There is little doubt that transplant surgery can save lives and improve the quality of lives of those who benefit from it.  There is also a pressing shortage of donors. In Wales:

-  Around 400 people are waiting for an organ transplant.

-  The gap between the number of organs available for donation and the number of people needing a transplant is increasing.

In Wales and the rest of the UK we have to “opt in” to organ donation by registering or carrying a donor card. One way of narrowing the gap might be if a system of presumed consent, where you have to “opt out”, was introduced as it has been in other countries such as Spain.

However, there may be other things we can do that could make the same or greater impact, such as raising people’s awareness and improving infrastructure. We also have to take into account moral, ethical and religious views and concerns that presumed consent is an intrusion by the state into what should be a private decision.  

What are your views?

Please tell us your views by posting comments in the topic areas below.

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