Organ donor law overhaul still on cards

Published on Saturday 15 November 2008 18:42

A RADICAL change to Britain's organ transplant laws could be started as early as 2013, a report will recommend this week.

Government experts are expected to rule out an immediate change to a system of presumed consent, saying that recent reform of the existing system should be given a chance to work.

But they will advise that if the number of lifesaving transplants has not increased by 50% by 2013, then presumed consent should be considered. Under the system everyone would be on the organ donor register unless they opt out.

The Organ Donation Taskforce was set up in 2007 to explore ways of boosting transplants across the UK.

Last year there were 1,408 transplants from deceased donors across the UK, including 50 Scots.

One donor can save the lives of several people. But the number waiting for lifesaving organs is far greater – 7,944 patients. Many patients die while waiting for a transplant.

The report, which is due to be officially unveiled tomorrow, is also expected to call for health departments across the UK to set targets to increase the number of people signing the NHS organ donor register, which stands at 30% of Scottish adults.

The move follows support for a change in the law from senior medics and politicians including the Prime Minister, Health Secretary Nicola Sturgeon and Scotland's chief medical officer Harry Burns. It also comes in the wake of a Scotland on Sunday campaign for the introduction of an opt-out system to address the chronic shortage of organs and save thousands of lives.

The Organ Donation Taskforce is understood to be cautious about presumed consent because some critics believe it would be complicated to implement.

Instead it wants improvements to the way potential donors are identified and the way organ donation is managed to be allowed five years to work.

A source close to the group said: "The report will say that an opt-out system should be reviewed in five years' time but not immediately.

"It was a fairly close decision among members of the group. They were minded to go to an opt-out system but they wanted to see their other recommendations implemented first."

Yesterday campaigners said they were disappointed that the expert group had not called for an immediate change but welcomed the review.

Labour MSP George Foulkes said: "I believe the situation should be monitored and if patients are needlessly dying because of a lack of suitable donors, then the review should be brought forward. Donor numbers are increasing but I believe we are going to need a change in presumption."

Gillian MacCormick, a mother of two from Livingston, West Lothian, who recently underwent a liver transplant after a two-year-wait, called on Sturgeon to continue to push for the policy.

MacCormick, 40, said: "Having experienced the wait for an organ, I don't think people realise how important it is to get a system of presumed consent put in place.

"I hope that Nicola Sturgeon will not have a defeatist attitude about this and that she tries to keep pushing for it.

"Five years is five years too long for those who need transplants now."

A spokeswoman for the British Medical Association said: "The BMA continues to believe that alongside investment to build capacity in the transplant network, as recommended by the task force's first report, a move to a system of presumed consent will save lives."

Last night the Health Secretary would not comment on the report, ahead of its publication.