Lords setback for organ opt-out system

Published on Friday 14 November 2008 21:46

THERE is no convincing case to support an opt-out system for organ donation in the United Kingdom, an influential House of Lords committee said yesterday.

Peers accepted that there was a severe shortage of organs available for transplant and this was a serious public health problem.

But they said the case had not yet been made for a move to a system of "presumed consent" in the UK.

It comes after reports that the government's advisory body – the Organ Donation Taskforce – is also set to reject an opt-out system, where everyone is automatically considered to be a donor unless they or their family object.

The recommendations of the group – due on Monday – are not binding and the government may choose to press ahead with the system, for which the Prime Minister, Gordon Brown, has previously voiced support. But the opposition to an opt-out system – widely supported by campaigners and the medical community – is a serious blow to efforts to increase donors. The House yesterday heard from crossbencher Baroness Howarth of Breckland, who led an inquiry by the Lords European Union Committee into transplant services across Europe. She said that organ donation levels in the UK were substantially behind other parts of Europe at 12.8 donations per million people. Spain, which operates a system of presumed consent, has a rate of 35 per million.

But the committee was told this higher rate was down to improved training and better organisation rather than the presumed consent law.

"Pending the outcome of this study, and on the basis of the evidence we heard during our inquiry, we do not believe that a convincing case has yet been made for an immediate move to presumed consent in the UK," Lady Howarth said.

The Conservativeory Lord Sheikh spoke out against presumed consent, claiming that the problem was one of "infrastructure and organisation" rather than the lack of an opt-out system.

"The state does not own our bodies and it should not have the right to take organs after death," he said.

The British Medical Association (BMA) said it continued to believe in a system of "soft" presumed consent, where relatives could still prevent organs being taken if they wanted.

Dr Tony Calland, chairman of the BMA's medical ethics committee, said they welcomed other measures to increase the availability of organs.

"We still believe, however, that in the longer-term, the UK will need to consider legislative change," he said.

"Public support for such a change is already growing."

The Scottish Government said it was "awaiting with interest" the report of the UK-wide taskforce.

A spokesman said: "Nicola Sturgeon, has stated that an opt-out system could be key to tapping into the stated willingness of most people."