Organ donor law change moves closer

Published on Sunday 4 November 2007 00:14

RELATIVES of the dead will be asked to give doctors a reason not to harvest their loved ones' organs under "presumed consent" transplant plans being developed for Scotland.

Under the proposed scheme, families will be asked if they know of any reason why their loved ones might have objected to having his or her organs used. If they do not know any such reasons, the organs will be made available for transplant.

The planned reform is being put forward by Labour public health spokesman Dr Richard Simpson, a former GP, and a long-term campaigner for presumed consent. It marks a major change to the current law under which medics have to ask relatives if they agree to their relatives' organs being used.

It is being considered as a middle way between ensuring more organs are harvested while at the same time meeting the concerns of families who fear that, under a new law, they would have no say over whether or not their loved one had their organs removed.

It comes amid growing pressure for a reform of the law amid warnings grievously ill people are having to wait months or even years for a suitable organ to be made available.

Last night both Scottish Labour leader Wendy Alexander and Scottish Lib Dem leader Nicol Stephen added their support for a change in the law, following the public backing of Health Secretary Nicola Sturgeon and First Minister Alex Salmond.

Alexander said: "I have carried an organ donation card since 1993. Organ donation plays a hugely importantly role in the health system and I am in favour of presumed consent."

A spokesman for Stephen added: "He is in favour of it. However, he hopes that MSPs will get a free vote."

Their support comes after this newspaper revealed that Scotland's Chief Medical Officer, Dr Harry Burns, had declared his own support for a change in the law.

Of the new proposal, Simpson said: "The crucial factor is that you continue to ask the family but you reverse the question. Rather than ask whether or not it will be okay, you ask whether or not they know of any reason why the person may have objected. It is critical to maintain respect for the family."

The system is currently used in Spain where, since it was introduced, there has been a 7% increase in organ availability.

Labour MSP George Foulkes, who has put forward a private members' bill calling for presumed consent, said: "I am happy to consider ways in which we can deal with all the concerns to enable this to get through quickly."

He added: "They say that if you do it in these terms, it makes it easier for dealing with families. I am trying to increase the number of donations but at the same time respecting the wishes of families."

The change also received cautious backing from Scottish Government sources last night.

A Government source said: "What everybody would agree with is that it is important that if we are to bring any changes to this law then it has to carry very broad consensus. That is why building in strong safeguards in order to get people's confidence in any proposed new system is of crucial importance."