National Assembly for Wales
P-03-076 - Welsh Kidney Patients Association for a Law on Presumed Organ Donation Consent
Petition received: 09 October 2007
Lead petitioner: Mr John Reever
Number of Petitioners: 23
Petition Wording:
The BMA has long called for a concerted action to improve all aspects of transplantation and gave its support to the principle of Presumed Consent in its publication “BMA Organ Donation in the 21st century-Time for a consolidated approach”(2000). In August 2007, the BMA announced “The BMA supports a system of Presumed Consent for organ donation, with safeguards, for those over the age of 16, where relatives views are taken into account”
In his annual report, July 2007, Sir Liam Donaldson, Chief Medical Officer of Health for England, recommended a change in the law on organ donation in favour or Presumed Consent. The Health Secretary, Alan Johnson has now called for the current “opt-in” system of donation to be changed, as there is a severe shortage of donors in the UK, One person on average dies each day on the organ donor waiting list. On 20th, September 2007,Mr. Johnson announced that a taskforce has been set up to investigate a new system, which would assume each person is willing to donate organs upon death unless they have stated otherwise.
In August 2006 BMA Cymru/ Wales published a document “Saving Welsh Lives- The Case for Presumed Consent” In it, BMA Cymru/ Wales calls on the Welsh Assembly Government to take the initiative and use the new legislative powers devolved in the Government of Wales Act 2006 to introduce a system of presumed organ consent, with safeguards, in Wales.
At its AGM on October 7th, 2006 members of the Welsh Kidney Patients Association voted to support the BMA Cymru/ Wales call for a change in the law on organ donation in Wales to one of Presumed Consent.
UK Transplant figures for 2005-2006 show that 31 patients in Wales died whilst on the transplant waiting list and that there were 311 patients in Wales awaiting an organ transplant. Studies have shown that over 70% of the people would donate their organs after death. Yet only 20% of the population have registered on the NHS Organ Donor Register. These facts show that the current system is failing to provide enough organs for transplantation.
In countries where a system of presumed consent is law, there is a higher rate of donation. The following extract is taken from a briefing in August 2007 by the BMA entitled” Organ donation –presumed consent for organ donation “
“A detailed regression analysis (2006) comparing 22 countries over 10 years took account of determinants that might affect donation rates: gross domestic product per capita, health expenditure, religious beliefs, legislative system, and number of deaths from traffic crashes and cerebrovascular diseases. They concluded "When other determinants of donation rates are accounted for, presumed consent countries have roughly 25-30% higher donation rates than informed consent countries." One explanation is that, even if the family has the final say, countries with presumed consent legislation have fewer refusals.”
Reference: Abadie A, Gay S. The impact of presumed consent legislation on cadaveric organ donation: a cross-country study. J Health Econ 2006;25:599-620.
In view of the above the petitioner (s) ask the Welsh Assembly Government to seek legislative powers under the Government of Wales Act 2006 to introduce legislation in Wales to change the current opt-in system on organ donation to one of presumed organ donation consent
Petition Status: Closed on 2 October 2008
Petitions Committee Consideration:
- 17 January 2008
Link to the transcript of the meeting on 17 January 2008
- 2 October 2008
