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Organ donation opt-out system given go-ahead in Wales Organ donation opt-out system given go-ahead in Wales
(35 minutes later)
A change in the law to bring in an opt-out organ donation system has been voted through by Welsh assembly members. A change in the law to bring in an opt-out organ donation system has been overwhelmingly voted through by Welsh assembly members.
Wales will become the first UK country to adopt a process where individuals will be presumed to have consented for their organs to be donated unless they opt out.Wales will become the first UK country to adopt a process where individuals will be presumed to have consented for their organs to be donated unless they opt out.
Ministers want to increase the number of donors for transplant.Ministers want to increase the number of donors for transplant.
The new presumed consent system could come into force by 2015.The new presumed consent system could come into force by 2015.
The Welsh government hopes legislation will lead to a rise in the numbers of donors by around 25%. Some 43 of the 60 assembly members backed the bill, eight voted against and there were two abstentions.
But opponents wanted families to be able to stop a donation if their relative did not express an opinion either way. Welsh Health Minister Mark Drakeford said it was "an historic day for Wales" which had "demonstrated the huge strengths of this assembly".
Assembly members debated the issue before voting on the opt-out system on Tuesday evening. "Wales is a progressive nation and this is a progressive policy for that progressive nation," he said.
Speaking before the vote, Conservative AM Darren Millar, the shadow health minister, said he would vote against the Human Transplantation Bill regardless of the way it was amended by AMs after the debate. Welsh Liberal Democrat Leader Kirsty Williams said she hoped the Bill would mean more people would benefit from organ donation, "that most altruistic of gifts".
"I'm opposed in principle to a system where organ transplantation becomes a passive act, and consent for it is presumed, or as the Bill puts it, 'deemed by the state'," he said. Plaid Cymru AM Rhodri Glyn Thomas said the discussion and the process which had led to the final vote had showed the assembly was "capable of creating good law here".
He also called for an independent evaluation of the new system to be carried out once it was up and running, as it was possible there could be "unintended consequences" from presumed consent. But Conservative AM Darren Millar, shadow minister for health, insisted there was "still much work to do".
Mr Millar warned that evidence from Chile, since it had introduced such a system, showed that it could result in a fall in the number of organ donors. "The coming months and years must now be spent intensively educating families and communities the length and breadth of Wales," he added.
Health Minister Mark Drakeford assured AMs that the Welsh government had already committed to reviewing the new system five years after it became law. "This is a significant change from the previous system that remains controversial - and no stone must be left unturned in getting the message across."
Welsh Liberal Democrat leader Kirsty Williams, who backed the Bill, said her own husband had an ethical objection to organ donation. There had been opposition to the changes from Christian churches and from within the Muslim and Jewish communities.
She said the way the legislation had been framed would allow their family to ensure his organs were not used, in line with his wishes, even though he was unlikely to get around to opting out under the new system. They wanted a so-called "soft opt-out scheme" in the legislation to give deceased patients' families a say on donation if their relative had neither opted in or out.
Conservative AM Byron Davies said it was wrong that the Bill gave no role for the views of loved ones when the views of the deceased were not known. But the Welsh government hopes the legislation will lead to a rise in the number of donors by around 25%.
He backed amendments giving the family more say. Dr Richard Lewis, Welsh Secretary of the British Medical Association (BMA), said the assembly had shown "the rest of the UK the way forward" with the legislation, adding: "Patients across the country will now benefit directly or indirectly benefit from this Bill."
"Families, who know us better than the state, should be able to intervene and prevent donation," he insisted. Roy J. Thomas, chief executive of Kidney Wales Foundation, said: "The new law gives hope for all those waiting for a transplant in Wales and will gladden the hearts of those in the UK who see this as a sign that other parts of the UK may follow this vote."
But Mr Drakeford said a "good deal of mischief" was being made over the role of the family. Waiting list
He argued it was right that the family's role should be based on the known views of the deceased, not on the views of somebody "who maybe has had very little to do with that individual". Assembly members debated the issue before voting on the opt-out system late on Tuesday evening.
Plaid Cymru AM Simon Thomas said he supported the Bill because "there is adequate evidence that we share the same values and the same generosity, if I can put it in that way, to presume or to deem that the majority of people in Wales do want to participate in this system". Speaking before the vote, Mr Millar called for an independent evaluation of the new system to be carried out once it was up and running, as it was possible there could be "unintended consequences" from presumed consent.
He warned that evidence from Chile, since it had introduced such a system, showed that it could result in a fall in the number of organ donors.
Mr Drakeford assured AMs that the Welsh government had already committed to reviewing the new system five years after it became law.
As currently happens, organs could go to recipients anywhere in the UK, not just in Wales.As currently happens, organs could go to recipients anywhere in the UK, not just in Wales.
However evidence from other countries with an opt-out system indicates that the rise is small with around 15 additional donors provided each year and approximately 45 extra organs.However evidence from other countries with an opt-out system indicates that the rise is small with around 15 additional donors provided each year and approximately 45 extra organs.
According to the NHS Blood and Transplant service, fewer than 5,000 people die every year in the UK in circumstances that would allow them to donate successfully.According to the NHS Blood and Transplant service, fewer than 5,000 people die every year in the UK in circumstances that would allow them to donate successfully.
Added to that, when compatibility, organ suitability, location, time scales and consent are taken into account it means that not everyone who wants to donate actually does.Added to that, when compatibility, organ suitability, location, time scales and consent are taken into account it means that not everyone who wants to donate actually does.
It is estimated there are around 250 people on a waiting list for a transplant at any one time - 33 people in Wales died in 2012/13 whilst waiting. It is estimated there are around 250 people on a waiting list for a transplant at any one time - 33 people in Wales died in 2012/13 while waiting.
There had been opposition to the changes from Christian churches and from within the Muslim and Jewish communities.
They wanted a so-called "soft opt-out scheme" in the legislation to give deceased patients' families a say on donation if their relative had neither opted in or out.
The 30-strong Labour group in the assembly was whipped to vote in favour of the Bill. Conservative and Plaid Cymru AMs had a free vote.The 30-strong Labour group in the assembly was whipped to vote in favour of the Bill. Conservative and Plaid Cymru AMs had a free vote.
The Lib Dems said all five of their AMs were in favour of presumed consent.The Lib Dems said all five of their AMs were in favour of presumed consent.