Jonathan Wellington, of Watkins and Gunn Solicitors,
considers the current issues surrounding the emotive topic of organ
donation in theUK.
The issue of organ donation has been in the news with the
proposal by the Nuffield Council of Biotechnics that the NHS should
pay for the funerals of organ donors and the recent announcement by
the Welsh Assembly Government.
Currently the demand for organs far outstrips the availability
of organs for transplant, and inWalesone person dies every 11 days
whilst awaiting a transplant.
Payment for organs remains illegal and currently the organ
donation system operates on an "opt in" basis,that is that you must
make an active choice to join the Organ Donation Register and your
relatives retain the right to veto the decision after your
death.
Recently steps have been taken to increase donors, most notably
with the amended Driving Licence Applications including a question
about organ donation.
Walesis very much at the forefront, with the Welsh Assembly
Government having announced plans for a new law for organ donation
by 2015. Under the new law you will be presumed to give your
consent unless there is an indication to the contrary, although
your relatives will still be consulted and unless they object the
donation would proceed.
It is clear that action is overdue as 90% of us are reported to
support organ donation whereas only around 25% have actually
registered on the Organ Donor Register. The Nuffield proposal of a
partial move towards payment is controversial one ,however this
together with the Welsh Assembly Government's plans, are part of a
growing movement to increase the number of available organs to
avoid unnecessary future deaths.