Jump to content

Draft:Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022

From Wikipedia, the free encyclopedia
Act of the Northern Ireland Assembly
Long titleAn Act to amend the Human Tissue Act 2004 concerning consent to activities done for the purpose of transplantation and make consequential amendments about the provision of information about such consent.
Citation2022 c. 10 (N.I.)
Introduced byRobin Swann MLA, Minister for Health
Dates
Royal assent30 March 2022
Other legislation
AmendsHuman Tissue Act 2004
Relates toNorthern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
Text of the Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022 (c. 10 (N.I.)) is an act of the Northern Ireland Assembly. The Act changed the law regarding organ donation so that unless someone expressly opted out, they would be deemed as having given consent.

Provisions

[edit]

The Act defines the concept of "excepted adults" who will continue to fall under the existing consent system.[1] Like the Organ Donation (Deemed Consent) Act 2019, in the absence of an expressed decision by the deceased adult in force immediately before their death, their consent to organ donation will be deemed unless ‘a person who stood in a qualifying relationship to the person concerned immediately before death provides information that would lead a reasonable person to conclude that the person concerned would not have consented’.[1]

The Act places a duty on the Minister for Health to promote the scheme and raise public awareness.[1]

Legislative passage

[edit]

In June 2021, the bill was introduced to the Assembly.[2] In July 2021, the Assembly passed the bill at first reading.[3] In September 2021, the Assembly passed the bill at second reading [4] In February 2022, the Assembly passed the bill at third reading.[5]

The fact that there was no Northern Ireland Assembly for 24 months meant that the implementing regulations were delayed.[6][7]

In June 2023, the Act was commenced, after the UK Government passed the Northern Ireland (Executive Formation and Organ and Tissue Donation) Act 2023 to implement the Act from Westminster on the basis that this legislation was a special case and "in recognition of just how important this issue is".[8][9] This occurred through government amendments to an existing bill, which were co-signed by MPs from the Alliance Party, the Social Democratic Labour Party and the action had been suggested by the Democratic Unionist Party.[10]

In June 2023, Dáithí Mac Gabhann was granted the freedom of Belfast, in recognition of his campaigning work for the policy.[11]

See also

[edit]

References

[edit]
  1. ^ a b c Parsons, Jordan A.; Venter, Bonnie (4 November 2021). "Deemed consent for organ donation in Northern Ireland". The Lancet Regional Health - Europe. 12: 100254. doi:10.1016/j.lanepe.2021.100254. ISSN 2666-7762. PMC 8672031. PMID 34950919.
  2. ^ "Organ donation: NI law 'could change 180 lives a year'". BBC News. British Broadcasting Corporation. 25 June 2021. Retrieved 10 October 2024.
  3. ^ "New Organ Donation Bill Brought Before The Assembly". 4NI.co.uk. Flagship Media Group Ltd. 6 July 2021. Retrieved 10 October 2024.
  4. ^ Gordon, Gareth (20 September 2021). "Organ donation: NI Assembly passes opt-out bill to next stage". BBC News. British Broadcasting Corporation. Retrieved 10 October 2024.
  5. ^ McCormack, Jayne (8 February 2022). "Organ donation: Change to NI law passes final hurdle". BBC News. British Broadcasting Corporation. Retrieved 10 October 2024.
  6. ^ "DUP under mounting pressure to drop Assembly veto to let organ donor law pass". DerryNow. Iconic Media. 10 February 2023. Retrieved 21 October 2024.
  7. ^ McCormack, Jayne (3 February 2024). "NI's government has returned Stormont - what you need to know". BBC News. British Broadcasting Corporation. Retrieved 21 October 2024.
  8. ^ Moynagh, Aileen (1 June 2023). "Organ donation rules change in NI as Dáithí's Law takes effect". BBC News. British Broadcasting Corporation. Retrieved 10 October 2024.
  9. ^ McCormack, Jayne (20 February 2023). "Organ donation: Dáithí's Law set for Commons progress". BBC News. British Broadcasting Corporation.
  10. ^ Murray, Amy (20 February 2023). "Dáithí's Law: What is it and why has it been delayed?". BBC News. British Broadcasting Corporation.
  11. ^ Lawrence, Jessica (3 June 2023). "Organ donation campaigner Dáithí Mac Gabhann granted freedom of Belfast". BBC News. British Broadcasting Corporation. Retrieved 21 October 2024.