Senator Daly amazed at lack of understanding shown by the Minister

Senator Mark Daly has commented he is “amazed at statements by the Minister which clearly show he must not have read the flawed EU legislation on organ donation and transplantation and his comments throw into doubt his understanding regarding the real consequences for patients.”

Senator Daly commented “The Minister for Health James Reilly and his Junior Minister Alex White have no knowledge of the EU law that their signed into Irish legislation on organ donation and transplantation. The comment that “consent is totally outside the scope of issues covered by EU directive’ clearly shows their level of lack of knowledge of the EU law as this is covered in Part 4 on page 20 of the flawed EU law, SI 325 European Union (Quality and Saftey of Human Organs Intended for Transplantation ) Regulations 2012 which Minister Reilly signed directly into Irish Law last August without consulting the Dail, the Seanad or the Health Committee”.

The Irish Kidney Association, who have supported Senator Dalys recall of the Seanad to debate this EU legislation on Tuesday the 20th at 10am have said today that, “The transposing of the EU Directive into Irish Law was not a ‘copy & paste’ – it was adapted in a very peculiar way, avoiding the obvious establishment of an independent body – to oversee quality and safety and direct the EU Action Plan on Organ Donation and Transplantation of 2008”. IKA CEO Mark Murphy has also stated that the implementation in Ireland by Minister Reilly was “the worst implementation of this EU Directive on organ transplantation in any EU member state”.

Senator Daly has stated in his response that “Neither Government Minister clearly fully understood the consequences of their own actions on organ donation procedures, and patients, including the 650 people on waiting lists for transplants around the country” when they rammed through the legislation just before the deadline for the EU Directive last August. Senator Daly believes “a severe lack of knowledge by the Ministers involved” was revealed in comments made by the department of health in which he asserted that the legislation is adequate in its division of competencies between the IMB and the HSE, when in fact Ireland is the only country in Europe not to have a national transplant office to give leadership in organ donation.

The statement from the Department of Health last night reveals the Minister was not fully aware of the content of the EU legislation, which he signed into law without debate and throws into doubt his statements on all other aspects of the legislation on organ donation and transplantation.

The press release from the Minister issued yesterday stated;
“Meanwhile, the Department of Health has launched a public consultation (details on
www.dohc.ie) on the system of consent for organ donation and interested parties are invited to submit their views by 20th September. However, the Minister stressed that the consent issue was totally outside the scope of the issues covered by the EU Directive”

Part 4 page 20 of the EU Directive

Consent requirements”

22. (1) Organs shall not be procured in the case of a living donor unless the donor has given informed consent to the donation or the donation is otherwise permitted by law.

(2) Organs shall not be procured in the case of a deceased donor unless consent to the donation has been given by the deceased donor’s next of kin. “

Last week, Senator Daly secured the 20 signatures (1/3 of the House) necessary to recall the Seanad on the issue, which is to take place next week – Tuesday 20th of August at 10am.
“It was a missed opportunity to fix our organ donation system. What the Minister should have done is put organ donor coordinators in every hospital, and appoint one national authority in charge of organ donation” said Senator Daly.

Twitter-64Be part of the Conversation! Tweet @SenatorMarkDaly to stay up to date on Mark’s work for Organ Donation and Transplantation in Ireland here. The Seanad will be recalled from recess Tuesday, 20th August.

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