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Organ donation: Opt-out bill to be published in Wales Organ donation: Opt-out bill is published in Wales
(about 4 hours later)
Legislation to change the organ donation system in Wales will be published on Monday. The number of organ donors in Wales will increase by about a quarter under a change to the law, the Welsh government estimates.
The Welsh government wants an opt-out scheme, which means everyone is assumed to have consented to becoming a donor when they die, and only those who object will be taken off the register. In published legislation it will introduce the UK's first opt-out organ donation system on Monday.
But Health Minister Lesley Griffiths has said she cannot imagine organs being removed if a family objects. People will be deemed to have consented to becoming donors unless they opt out of the organ donor register.
Officials say it could mean 15 extra donors leaving around 45 more organs for transplant every year.
They add that the money saved by one transplant will be enough to pay for all of the changes.
Families will not have a legal veto over the wishes of dead loved ones, but they will be able to stop organs being removed in practise.
The Welsh government says the process will not be able to go ahead unless families give their assistance to medical staff.
The current situation where people must die in hospital to be eligible as a donor, even if they are on the register, will stay the same.
In 2010/11 there were 228 potential organ donors in Wales, 67 of whom actually left organs.
Officials say that international evidence suggests families are less likely to stop organs being removed in countries with opt out systems.
They hope to see an increase of 25 - 30% in the number of donors meaning an extra 45 organs every year.
Organs will be available for transplant to anyone in the UK on a waiting list, not just Welsh patients.
The law will apply to anyone over 18 who has lived in Wales for at least six months.
The length is intended to be long enough for people to know about the law and to opt out if they want to.
Health Minister Lesley Griffiths said despite a 49% increase in donation rates since 2008, 37 people died in Wales while waiting for an organ last year.
She said: "I believe the time has come to introduce a change in the law together with an extensive communication and education programme encouraging people to make a decision and to ensure their families know their wishes."
Supporters say change will mean more organs being available for transplants.Supporters say change will mean more organs being available for transplants.
But church leaders have opposed the changes and the Law Society has called for more clarity on what role will be left for families when a relative dies.But church leaders have opposed the changes and the Law Society has called for more clarity on what role will be left for families when a relative dies.
The reforms would make Wales the first country in the UK to adopt a system of presumed consent.The reforms would make Wales the first country in the UK to adopt a system of presumed consent.
The draft Human Transplantation (Wales) Bill follows a public consultation, which ministers say found support for their plans.The draft Human Transplantation (Wales) Bill follows a public consultation, which ministers say found support for their plans.
Once it passes through the assembly the new system could be in place by 2015.Once it passes through the assembly the new system could be in place by 2015.
With 300 people on the transplant waiting list, the Welsh government wants to improve the rate of organ donation.With 300 people on the transplant waiting list, the Welsh government wants to improve the rate of organ donation.
But the Church in Wales, the Roman Catholic Church in Wales and the Wales Orthodox Mission have called for a re-think, with other critics saying there is no evidence that changing the law will work.But the Church in Wales, the Roman Catholic Church in Wales and the Wales Orthodox Mission have called for a re-think, with other critics saying there is no evidence that changing the law will work.
'Talk to families''Talk to families'
Dr George Findlay, chair of the Welsh Organ Donation and Transplantation Committee, and a consultant in intensive care at Cardiff's University Hospital of Wales, said: As a doctor we are not going to do anything against family wishes. Dr George Findlay, chair of the Welsh Organ Donation and Transplantation Committee, and a consultant in intensive care at Cardiff's University Hospital of Wales, said: "As a doctor we are not going to do anything against family wishes.
"It is a terrible time to talk to families. It helps if you know what a patient's wishes are."It is a terrible time to talk to families. It helps if you know what a patient's wishes are.
"If patients haven't opted out we would hope to talk to families about what organ donation is and the fact that their family has expressed to be an organ donor and, hopefully, that could be followed through."If patients haven't opted out we would hope to talk to families about what organ donation is and the fact that their family has expressed to be an organ donor and, hopefully, that could be followed through.
"The role of the family is crucial and essential and will not change under this legislation.""The role of the family is crucial and essential and will not change under this legislation."
He said organ donation has increased by 50% in Wales over the last four years, and key to that has been the appointment of a specialist organ donation nurse at every hospital.He said organ donation has increased by 50% in Wales over the last four years, and key to that has been the appointment of a specialist organ donation nurse at every hospital.
But he said it was hoped those figures could improve further over time because the biggest "obstacle" is lack of family support after their relative dies which he hoped the new legislation would help to resolve.But he said it was hoped those figures could improve further over time because the biggest "obstacle" is lack of family support after their relative dies which he hoped the new legislation would help to resolve.
Winston Roddick QC, a barrister and former leader of the Wales circuit, said the purpose of the government's consultation was to identify uncertainties and anxieties about presumed consent and he expects the Bill to reflect such concerns.Winston Roddick QC, a barrister and former leader of the Wales circuit, said the purpose of the government's consultation was to identify uncertainties and anxieties about presumed consent and he expects the Bill to reflect such concerns.
However, the Bill may be brief in its explanation, he explained.However, the Bill may be brief in its explanation, he explained.
"We may not get an answer today to all these uncertainties when we see the Bill, we may have to wait for the secondary legislation," he told BBC Radio Wales"We may not get an answer today to all these uncertainties when we see the Bill, we may have to wait for the secondary legislation," he told BBC Radio Wales