24 JULY 2013, 12 NOON
Senator Daly stated that he is taking this action “for the 650 people currently waiting for organ donations in Ireland.
The Government, last year illegally blocked the recall of the Seanad on this issue. They are being called to account for why they legislated via statutory instrument (325 – 2012) without consulting the Seanad, the Dail, or even the Oireachtas Health Committee on the implementation of this crucial EU Directive on organ donation and transplantation.
“This highlights the ineffective legislative process conducted on such an important issue by the Government. This was the first ever piece of organ donation and transplantation legislation in the history of the state”, said Senator Daly.
Senator Daly said that he “is hoping that this flawed piece of legislation will be amended by the deadline of August 28th, 2013”. He said, “the Government’s weak actions on this issue were a missed opportunity to bring Ireland’s organ donation infrastructure in the 21st century. This could have life-threatening consequences for people around the country anxiously waiting for organ transplantation”.
Mark Murphy, Chief Executive, Irish Kidney Association has said that the statutory instrument produced by the Minister for Health, to comply with an EU Directive, was the worst implementation of the EU policy that he had seen in any member state. No singular competent authority on organ donation and transplantation was established. The sharing of the competencies across two existing Government agencies, the Irish Medicines Board (IMB) and the HSE, ensures the leadership required to drive organ donation is doomed because no leadership was established.
Senator Mark Daly was illegally prevented in convening a session on this subject in the Senate last year. The government has conceded this. Senator Daly said that “if the government prevents the recall of the Senate again this August regarding this critical piece of legislation I will seek a high court order to force the government to comply with the law”.
The signatories of a minimum of twenty senators are required to recall and convene a session of the Seanad (under section 4(2)(b) of the 1972 European Communities Acts) which will force the Government to summon the Minister before the Seanad on this issue.
Senator Mark Daly was nominated to run for the administrative panel in 2011 by the Irish Kidney Association.
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Regina Hennelly, 31 received a kidney transplant in January 2012 after spending more than two and a half years on Peritoneal Dialysis. Diagnosed with IgA Nephropathy, a form of Chronic Kidney Disease in 2008, she undertook nine hours of treatment in her home every night until she received her new organ. She has, in the past, criticised this government’s failure to prioritise the establishment of a National Transplant Authority and its failure to put in place a network of transplant coordinators in Intensive Care Units nationwide.
The Irish Kidney Association (IKA) is a charitable voluntary organisation founded in 1978 dedicated to meeting the needs of renal patients and their families and carers, living with and affected by end stage renal disease.
Mark Murphy is the CEO of the IKA.