Life Saving Legislation

14 July 2010



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Welsh Assembly Presses for Presumed Consent of Organ Donation

Politicians often take themselves and their proposals too seriously. After all, it's not like they're saving lives, except on rare occasions. Welsh First Minister Carwyn Jones (Labour Party) has just announced that he wants the power to implement presumed consent for organ donation in Wales. At present, people in Wales are only organ donors if they deliberately opt into the donation system. Under the proposed law, only those who expressly opted out would not have their organs transplanted when possible. This would expand the supply of organs available for transplant, and it truly would save lives.

First Minister Jones said:

Many people will wait years for a transplant but sadly, many people die waiting on the list. I hope that by introducing presumed consent, we will not only reduce the waiting list but reduce the number of people who needlessly die waiting. I recognise that this is a highly emotive subject and that is why we have already consulted heavily on this to gauge people's views. The majority of the responses support a change to a soft opt-out system. This still gives families the chance to have their view on the death of a loved one. To ensure we maximise the number of people who donate after death, it will be important that people discuss their wishes with their family. I know nobody finds it easy to think and talk about our death, but it is essential we do so our families know our wishes.
Unfortunately, this compassionate and sensible change in Welsh law cannot come from the Welsh Assembly. Despite the establishment of the assembly in the 1990s and Government of Wales Act of 2006, the power to change the current law resides in London. Mr. Jones is pressing for what is called a Legislative Competency Order, which would effectively give the assembly the power to pass the law. This journal urges the issuance of that order as quickly as possible.

A brief thought experiment will explain why this is so important. Suppose for a moment that a young man, Daffyd, dies in a car accident. Suppose also that a young woman, Mari, is suffering from a terminal heart disease and is awaiting a transplant. Under current law, unless Daffyd has filled in the organ donor forms, his heart will be buried or cremated along with the rest of him, and Mari's condition can only deteriorate. With presumed consent, unless Daffyd has filled in the forms to opt out of the system, his young and healthy heart could be in Mari's body in less than a day. In many cases, donors' families draw some comfort knowing that their loss is someone else's gain.

With a population of about 2.9 million, Wales had 333 people on a waiting list for organ transplants as of March 2010. More than 10,000 people in Britain as a whole currently need a transplant. About 1,000 die every year before receiving one. Most of the time, a politician's vote is not a matter of life and death. In this case, that is exactly what it will be. Mr. Jones is this journal's favorite politician today.

© Copyright 2010 by The Kensington Review, Jeff Myhre, PhD, Editor. No part of this publication may be reproduced without written consent. Produced using Ubuntu Linux.

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