Chris Marshall: Boosting organ donation in Scotland

New proposals on organ donors would create a system of presumed consent. Picture: Rob McDougall

This sobering statistic is one of many behind steps being taken to force a change in the law in Scotland in favour of an “opt-out” system.

Currently, anyone wishing to donate their organs after death must make their intention known during life by joining the Organ Donor Register. But under proposals put forward by Glasgow MSP Anne McTaggart, Scotland would create a system of presumed consent, meaning anyone unwilling to have their organs posthumously removed would have to make their objection known before their death.

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The proposed system is referred to as having a “soft opt-out” because it allows relatives to confirm their loved one had an objection, even if this has not previously been recorded.

Evidence seems to suggest Scots are in favour of the change: a YouGov survey on behalf of the British Medical Association in 2007 indicated that 74 per cent of respondents in Scotland supported a system of opt-out.

However, there are dissenting voices. In its submission to the ongoing consultation, the Catholic Church’s Bishops’ Conference said it opposed the move as it removed the “important principle of consent” and undermined the “integrity of the person”.

And the Law Society of Scotland called for more research, adding that clinicians would be put in an invidious position where there had not been an opt-out but there was “strong objection or severe distress” among relatives to the idea of organ donation.

However, it seems these concerns could be removed at a stroke by a system which would require by law that anyone opposing donation would have to register that opposition.

The Scottish Government is currently waiting to see the outcome in Wales, where an opt-out system will be introduced in December 2015. Public health minister Michael Matheson told the Scottish Parliament earlier this year that his government remained “unconvinced” of the need for a system based on presumed consent.

What is convincing, however, is the Scottish public’s stance on the issue of donation. According to a survey carried out by the Scottish Government in 2012, only 5 per cent of the population oppose organ donation in principle.

Anne McTaggart’s proposal is currently just that – a draft proposal for legislation, nothing more. But it’s one the Scottish Parliament should look seriously at.

The latest figures show there are just under 7,000 people across the UK on a waiting list for new organs. A system of presumed consent would give these people a much better chance of finding a donor and a new chance in life.