Submission to the Joint Oireachtas Committee on Health From the Irish Donor Network Chairperson: Philip Watt (also CEO of Cystic Fibrosis Ireland) Position of the IDN on the proposed change in organ donation and related issues The Irish Donor Network (IDN) is comprised of patient groups which have a direct interest and concern on organ donation and transplant issues in Ireland. The role of the Irish Donor Network (IDN) is to bring patient groups together to: Encourage and help facilitate organ donation Contribute to the shaping of health policy on donation and transplantation Raise public awareness on donation and transplantation There is a division of opinion among patient groups in the IDN in respect of this submission. Those patient groups in the IDN that favour the policy position set out is this submission are: The Alpha One Foundation Cystic Fibrosis Ireland (CFI)- formerly the Cystic Fibrosis Association of Ireland Irish Heart and Lung Transplant Association (IHLTA) Irish Lung Fibrosis Association (ILFA) The patient group in the IDN that does not support the policy position set out in the paper is: The Irish Kidney Association Background and Key Terms The Programme for Government published in 2011 states: ‘We will legislate to change the organ donation to an opt-out system for organ transplantation, rather than an opt-in system, so as to improve the availability of organs for patients in desperate need’.1 Ireland presently has an opt-in position. If you wish to become an organ donor after your death, potential donors are advised to inform their next of kin of their intentions and to carry an organ donor card. In Ireland next of kin are always asked for consent in order for a 1 The Government for National Recovery 2011-2016, p58 donation to proceed. In Ireland, consent is never presumed, even if a donor card has been signed.2 The Irish Government is committed to an opt-out approach as part of the forthcoming (and long delayed) Human Tissue Bill. We understand that the government will be proposing a ‘soft’ opt out approach, which means that next of kin (NOK) must continue to give their consent to the organ donation of a family member who is a potential organ donor. Under no circumstances would the IDN support a ‘hard opt-out’ approach whereby NOK would not be consulted. The IDN would further contend that, from reviewing the existing international evidence, that those few countries that profess to operate a hard opt out system, that in fact that this is not actually applied in practice and NOK continue to be consulted (for example in Austria). The IDN acknowledges the excellent standard and dedication of our transplant coordinators, surgeons and teams and the procurement team in Beaumont Hospital. We would contend without their dedication and skill, and the support of patient groups especially in promoting organ donation, the transplantation and donation rates would be considerably less than at present. The Position of the Irish Donor Network The position of the groups represented on the Irish Donor Network (with the exception of the Irish Kidney Association) is that: 1. We support the change to ‘soft opt out’, but only if it is part of package of measures (detailed below) to improve organ donation and transplantation in Ireland. It would be wrong for the Irish Government to present the movement to an opt out system as a panacea for improving donor and transplant rates in Ireland without addressing the existing gaps and weaknesses in the present donor and transplant system. 2. The Irish government must develop a meaningful consultative awareness and public awareness process in advance of a change to ‘soft opt out’ whereby key stakeholders and the general public can be fully informed of the proposed change and have an opportunity to express their views both for and against. 2 National Organ Procurement Service, Beaumont Hospital (accessed November 2012) http://www.beaumont.ie/index.jsp?p=105&n=454 Package of Essential Measures The package of essential measures that would need to accompany a change in the ‘donor law’ should include the following (in summary). 1. Appointment of a Network of Donor Coordinators would be assigned to major ICU hospitals in Ireland. These medical and nursing personnel will underpin the organ donation process by protecting the interests and welfare of those families who chose to donate organs in difficult circumstances. 2. The National Organ Donation and Transplantation Office (NODTO) The Office would be given sufficient resources and status to undertake its functions. The level of existing resources at present is completely inadequate 3. A national on-line organ donor registry would be established. This would provide potential donors the opportunity to indicate if they wish to opt out of all or some forms of organ donation. For example a person may want to donate one or more organs but not others. 4. Specific measures to improve the rate of lung and heart transplantation in Ireland. These measures include the replacement of the cardio thoracic surgeon in the Mater hospital who retired in 2010 (Mr Freddie Wood) and adequate inpatient isolation rooms for surgery preparation and recovery. 5. The National Organ Procurement Office (NOPO) would be established on an independent from any one hospital basis to accommodate the standards required by both the EU tissue directive and the EU directive 2010/53/EC. 6. Greater support must be provided by the government towards annual public awareness campaigns for organ donation irrespective of the change to opt out. Such campaigns must be undertaken in partnership with the patient groups.