The Welsh Assembly has voted in favour of changing the law to introduce a system of “presumed consent” for organ donation.
The Human Transplantation (Wales) Bill was approved by the Assembly in a vote of 43-8 on Tuesday (2 July).
Prior to the change, doctors were strictly prohibited from removing organs upon death unless an individual had expressly opted-in by joining the Organ Donation Register (ODR).
But under the new legislation, all those who are over 18 and have lived in Wales for more than 12 months will be presumed to have consented to organ donation unless they file a formal refusal prior to their death.
Proponents claim that the system, which could be enacted by 2015, will boost organ donation by up to 30 per cent.
Unnecessary
But Dr Peter Saunders of Christian Medical Fellowship said that the move was both “unnecessary” and “unethical”.
“The claim that donation rates could increase by up to 30% through presumed consent legislation is disingenuous as there is little evidence that this is any better than other schemes in other countries, and there are alternative ways of increasing donation rates," he said.
“Donation rates in countries with ‘presumed consent’ laws do not actually differ from countries requiring explicit (opt-in) consent. In fact, some countries operating presumed consent systems have lower rates of organ donation!
“Differences in rates are due to other factors including the numbers of potential donors, provision of intensive care facilities, end of life care, use of transplant coordinators, trust in the donation system and trust in the medical profession (particularly those treating dying patients).”
The legislation has been strongly opposed by the Archbishop of Wales Dr Barry Morgan, who said that organ “donation ought to be a gift of love.”
“If organs can be taken unless someone has explicitly registered an objection, that's not an expression of love. It's more a medical use of a body," he said.
Joyce Robins of the campaign group Patient Concern warned that the “legislation will result in human bodies being treated like clapped-out cars.
Outrageous
"You strip them of parts for reuse, unless the owner prefers to scrap the whole vehicle. Its outrageous to pretend that people feel no differently about a human heart from a used car horn," she said.
Andrea Williams of Christian Concern said: “Silence does not amount to consent.
“A system of presumed consent is unethical and will result in organs being treated as the property of the state rather than a voluntary gift by the donor.
“It will also undermine the relationship of trust between patients and healthcare professionals, potentially decreasing rather than increasing the number of donations.”
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