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Ministers to consider new organ opt-out legislation Ministers to consider new organ opt-out legislation
(about 9 hours later)
The Scottish government has said it will consider bringing forward new legislation on an "opt-out" system for organ donation in Scotland. The Scottish government said it would consider bringing forward new legislation on an "opt-out" system for organ donation in Scotland.
The announcement came ahead of a debate on a members' bill on the same issue.The announcement came ahead of a debate on a members' bill on the same issue.
Anne McTaggart's Transplantation Bill would make organs automatically available for transplant unless a person objected during their lifetime.Anne McTaggart's Transplantation Bill would make organs automatically available for transplant unless a person objected during their lifetime.
Holyrood's health committee backed the aim, but not the detail of the bill.Holyrood's health committee backed the aim, but not the detail of the bill.
Ahead of a stage one debate on the Labour MSP's bill, Public Health Minister Maureen Watt said she would ask parliament to reject the bill on the basis that there were "serious concerns about the practical impact".Ahead of a stage one debate on the Labour MSP's bill, Public Health Minister Maureen Watt said she would ask parliament to reject the bill on the basis that there were "serious concerns about the practical impact".
Anyone who wants to donate their organs after death currently has to "opt-in" through the donor card scheme.Anyone who wants to donate their organs after death currently has to "opt-in" through the donor card scheme.
Ms McTaggart's bill proposes a move to a "soft opt-out" system which would allow parts of a dead adult's body to be used in transplants in the absence of express permission.Ms McTaggart's bill proposes a move to a "soft opt-out" system which would allow parts of a dead adult's body to be used in transplants in the absence of express permission.
It would still be possible for people to opt-in to organ donation, but the bill would also give adults the option of appointing someone to make a decision about authorisation on their behalf.It would still be possible for people to opt-in to organ donation, but the bill would also give adults the option of appointing someone to make a decision about authorisation on their behalf.
They would also be able to register in advance that they do not want their organs or tissue to be removed.They would also be able to register in advance that they do not want their organs or tissue to be removed.
The Scottish government has tabled an amendment laid ahead of the debate on the bill later, saying it will take forward a consultation with a view to considering legislating itself.The Scottish government has tabled an amendment laid ahead of the debate on the bill later, saying it will take forward a consultation with a view to considering legislating itself.
Public Health Minister Ms Watt said: "While we're very supportive of measures to increase organ availability, in our view the Member's Bill before the Scottish Parliament is seriously flawed and could actually harm organ donation.Public Health Minister Ms Watt said: "While we're very supportive of measures to increase organ availability, in our view the Member's Bill before the Scottish Parliament is seriously flawed and could actually harm organ donation.
"Many of the measures set out in the Bill could make things worse due to legal ambiguities and delays in decision-making processes."Many of the measures set out in the Bill could make things worse due to legal ambiguities and delays in decision-making processes.
"We have concerns that the proposals around authorised investigating persons (AIPs) and proxies will add significant complexity into the donation pathway, and may lead to potential donors being lost."We have concerns that the proposals around authorised investigating persons (AIPs) and proxies will add significant complexity into the donation pathway, and may lead to potential donors being lost.
"We also have concerns that provisions in relation to adults with incapacity may make it difficult for such adults, or their relatives, to opt-out, leaving them 'locked in' to donation.""We also have concerns that provisions in relation to adults with incapacity may make it difficult for such adults, or their relatives, to opt-out, leaving them 'locked in' to donation."
The minister said Ms McTaggart's bill had "helped to raise the profile of the debate".The minister said Ms McTaggart's bill had "helped to raise the profile of the debate".
She said the government's consultation would be "an opportunity to seek the views of the public on a range of issues, including soft opt-out, and determine what action the Scottish government should take next to increase the availability of organs".She said the government's consultation would be "an opportunity to seek the views of the public on a range of issues, including soft opt-out, and determine what action the Scottish government should take next to increase the availability of organs".
Ahead of the Holyrood debate, BMA Scotland called on MSPs to support the general principles of the Transplantation Bill. BMA Scotland has called on MSPs to support the general principles of the Transplantation Bill.
The body, which represents doctors, said the current proposals could be amended to address some of the concerns raised "so as not to delay the opportunity to increase donation rates any longer".The body, which represents doctors, said the current proposals could be amended to address some of the concerns raised "so as not to delay the opportunity to increase donation rates any longer".
Dr Sue Robertson, a renal physician, said: "If properly implemented, with adequate resources and staff, and backed up by a high profile publicity campaign, an opt-out system could save or transform peoples' lives.Dr Sue Robertson, a renal physician, said: "If properly implemented, with adequate resources and staff, and backed up by a high profile publicity campaign, an opt-out system could save or transform peoples' lives.
"All the time we waste now means that more lives will be lost.""All the time we waste now means that more lives will be lost."