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Ministers to consider new organ opt-out legislation Ministers to consider organ donation opt-out despite rejecting bill
(about 1 hour later)
The Scottish government said it would 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 despite MSPs rejecting a Labour member's bill on the topic.
The announcement came ahead of a debate on a members' bill on the same issue. MSPs voted by 59 to 56 to reject taking forward Anne McTaggart's Transplantation Bill.
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". The government amendment accepted by MSPs said there were "merits" to such a system and pledged a consultation.
The amendment, lodged by public health minister Maureen Watt voiced "serious concerns" about the "practical impact of the specific details" of the bill as it stood, and prevented it from proceeding to the next stage of consideration.
However, Ms Watt did say a "workable" opt-out system should be considered, calling on the government to "commence work in preparation for a detailed consultation" during the next parliament.
The SNP offered members a free vote on the issue, and 11 administration MSPs voted against the government amendment, which won out only with the votes of Conservative and Liberal Democrat members.
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 proposed 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 have still been possible for people to opt-in to organ donation, but the bill would also have given 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. BMA Scotland had called on MSPs to support the general principles of the Transplantation Bill, and MSPs from across the chamber spoke in favour of it during the debate.
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. SNP MSPs including Kenneth Gibson, Sandra White and Stewart Stevenson spoke in favour of Ms McTaggart's bill, with Mr Gibson calling on members to "stand up and be counted".
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. While they and a number of their colleagues voted against the government amendment, the votes of 11 Conservative MSPs and one Liberal Democrat ensured the bill will not proceed to the next stage.
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".
BMA Scotland has called on MSPs to support the general principles of the Transplantation Bill. Ms McTaggart, who is unlikely to be re-elected to Holyrood in May after placing last in Labour's Glasgow list, said the outcome was "deeply disappointing".
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". She said: "If the government was serious about introducing soft opt-out, then they should have taken the opportunity to table amendments at stage two and stage three, in accordance with parliamentary procedure.
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. "I find it staggering that over 200 amendments to the Land Reform Bill have already been lodged, yet the SNP government find my relatively short and less complex bill unamendable."
"All the time we waste now means that more lives will be lost."