Support and awareness for Wales’ incoming presumed consent law for organ donation is growing, according to new research.
The new law, which comes into effect in December 2015, means a person’s consent to organ donation will be deemed to have been given, unless they have opted out.
An annual survey of more than 1,000 people across Wales, carried out on behalf of the Welsh Government, has shown an overall rise in general awareness of the planned changes to the organ donation system and an increase in support for the new soft opt out law.
In Cardiff and South East Wales, the proportion of respondents in favour of the proposed changes to organ donation has increased from 47% in 2012 to 67% in 2013 – the largest increase across all regions in Wales.
The proportion of South Wales Valleys respondents in favour of the proposed changes to organ donation has increased from 46% in 2012 to 62% in 2013 – the second largest increase across all regions in Wales.
The survey asked residents in Wales whether they were in favour of, or against, the (then) proposed changes to the organ donation system, or whether they needed more information to decide. The proportion of respondents in favour increased significantly from 49% in 2012 to 61% in 2013.
The proportion against decreased from 22% in 2012 to 17% in 2013, while the proportion of respondents needing more information to decide also decreased from 21% in 2012 to 16% in 2013.
Health Minister Mark Drakeford said: “It’s fantastic to see that support for a soft opt-out system has increased since last year’s encouraging figures. Organ Donation saves lives, and we believe the new legislation will help to increase the number of people potentially able to contribute to the organ donation pool.
“The new legislation is coming into effect on 1 December 2015, and it’s our job to ensure members of the public are fully informed on what the changes will mean and the choices they can make.
“In order to carry this out successfully, we need regular information on public awareness and understanding of organ donation law and as such will continue to undertake and monitor these surveys which are representative of the views of the people of Wales.”
The Human Transplantation (Wales) Act received Royal Assent on September 10 this year. The Act introduces a soft opt-out system for consent to deceased organ and tissue donation in Wales, which will come into effect on December 1 2015.
Under the new law, adults who live and die in Wales will be deemed to have given their consent to donation unless they register a decision to be a donor (opt in) or register a decision not to be a donor (opt out).
People will need to be over the age of 18 and to have lived in Wales for 12 months or more for deemed consent to apply. Where deemed consent applies, the law will allow family members to provide information if they know the deceased person would not have wished to consent.
People who lack capacity to understand that consent could be deemed are also excluded from this new system.
There had been some opposition to the new law from Christian churches and Muslim and Jewish communities.
The groups had wanted a system where a family member could veto the donation.
South Wales East AM Mohammad Asghar has previously called on the Welsh Government to issue clear guidelines on how to opt out.
The law passed in Wales does not include “ soft opt-out” ( as claimed by the Health Minister ) as the family has no right to have its views on the organ retrieval carried out .There is no provision to block organ retrieval if no family member is present or involved and consulted on the proposed organ retrieval. There is no requirement to prove that the deceased considered or was informed of the possibility that his organs might be taken against his family’s wishes or without his family knowing. It is sheer fantasy for the Government to pretend that their publicity campaign can ensure every adult resident in Wales knows and has carefully considered this law.
There is no requirement to prove that the deceased knew about the new law or that his family knew or had discussed it with him. So, if his family were not in recent contact with him, couldn’t be contacted within a few hours of his death, lived abroad, didn’t speak or understand English, or if he was living rough and/or taking drugs or an alcoholic,or if his family were dead or he had no close or identifiable relatives at all, the taking of his organs could proceed regardless.
In fact, although sensitive staff at present trained in the NHS may prefer not to take organs without family consent and may be very unwilling to overrule any family dissent, a new generation of staff may be recruited to apply the law as it really is, and take as many organs as they can use without family permission. Pressures from unscrupulous people , those rewarded by bonuses or promotion, or those desperate to help their relatives or friends may well drive the NHS into a direction unthinkable at present. Now that organ transplantation no longer depends on the gift of the deceased a new spirit of selfish rights may well grow; how long will it be before people demand organs as of right ?
There are no rights in this law to prtect staff whistleblowers who might unover abuses, nor any restrictioin on recruitment or bonuses to put pressure on staff.
The fact is that the First Minister promised that ‘ there would be no question of taking organs without family permission’ (The Observer Sunday May 9th, 2010.), and most of those who supported the proposed law , as from the petition from Kidney Wales itself, did so on condition that it would be a soft opt-out (which requires family permission, as defined , for example, by Professor Steve Edwards of Swansea University) but in practice the First Minister opposed all efforts to introduce changes to make the law into a soft opt-out, and the Labour majority votes won.
How many of those in the survey realise that the Act passed does not carry out the promises that were made , through all the consultations from 2008 onwards ? In all the consultations the overwhelming majority of those who supported the proposal did so on condition that it would be a soft opt-out. This Government has deceived the public and lied to all those who were assured, sometimes personally and sometimes through the words used in public , that the new law would be a soft opt-out.
Above all, the law is NOT donation ; there is no requirement that the deceased registered his decision to authorise the taking of his organs; in fact his organs can be taken without any permission from the deceased or anyone and against their objections.. Any registration of agreement on the organ donation register is irrelevant. The only registration that is effective is to Opt Out . The Health Minister Mark Drakeford said “to increase the number of people potentially able to contribute to the organ donation pool." But the fact is that the organs may be taken from people who never decided to contribute anything ! To talk about making a “ contribution” is to ignore that legal force is being used to seize what has never been given willingly and belongs to the dying person and his family , NOT the State. This law is communist nationalisation of our bodies.
The very principle of consent is being corrupted and the implications of this form of pseudo ‘consent’ being applied to other situations where people are dying will show how grossly wrong this law is. This Government has taken upon itself a power that is beyond all justification. The body snatchers have returned. Having seen the revelations of abuses by the thousands that have been taking place in care homes and NHS hospitals , including the Heath in Cardiff, the situation needs law which strengthens not weakens protection for the dying and severely sick and disabled.
There is no guarantee that the deceased’s body will be respected in accordance with his religious beliefs, or that any part of his body will be passed to his close relatives for appropriate arrangements for burial or other requirements. Even if his organs are removed and not used there is no guarantee they will be returned to the family ; whether or not the organs are used depends on many factors including the availability of the specialist medical staff at the time of his death, including at night and at weekends.
There is also no guarantee that the decision that the point of death has been passed will be reached within the definitions of his religion or personal beliefs . Without his family there may be no one to insist on scrupulous testing of final and actual death .Also,there is a possibility that no one will know his religion or wishes.
The law is a hard opt-out , where the deceased’s family can only influence the outcome by providing evidence of the views of the deceased .
There is a strong possibility that any organs retrieved from Welsh residents will not be implanted and save the lives of Welsh people and it is most unlikely that those on the Wales Organ Waiting list will be saved by any increase resulting from this Act. It is probable that just as many Welsh people will die when this law is implemented in December 2015 as before it. That is not what the Welsh public has been led to expect.
Thank you Michael Thomas for a lucid explanation of what The Human Transplantation Wales Act really means, rather than the spin offered so far. It is always dangerous to assume that an entire population has a particular opinion, on any issue, unless they make an effort to contact the authorities to log their opposition.
This type of law is worrying and, as someone who grew up during the cold war, reminds me of the actions of communist states that made up the Warsaw Pact. What will happen in future to those who register their opposition to their organs being taken? Will they be denied medical treatment? This is already starting to happen with obese people and smokers; so far this is restricted to forcing them to go on re-education programmes but it is my belief that this is the thin end of a very nasty wedge. It is a softening up process that may result in medical treatment only being given to those the government of the day deem deserving citizens. Not a healthy outcome at all.
I agree with the comments from Michael Thomas on this matter.Despite the Assembly being encouraged by the response from the public , that only proves to me that the spin offered is working.There is no evidence that the number of donations will increase. I fear that the number of donations may well decrease.
Why have the Assembly not proposed a simple yes/no ? What are they affraid of ? Does the Assembly really think that they own us body and soul, if so , power has really gone to their heads.
This is a bad solution , to a complex problem , that raises some very complex issues which are out of scope of goverments. This often happens when we try to play God !.
Being one of those who believes my spirit was created by God before all ages and came into my body at my conception, I equally believe that my body will only die when my spirit leaves my body, and not before.
Therefore, I do not approve of this Welsh Law. I will be opting out. What moral 'right' do any of the AM's in Cardiff Bay (of whatever Party, but the majority are Labour) have to impose this bad law upon anyone in Wales?
These misguided politicians, not content with taking our money and wasting it as they do, delivering to the children and young people of Wales a very poor standard of education and even poorer job prospects – thus forcing more and more young people to live in social housing because they cannot afford a home of their own, Cardiff Bay wants their body parts, too.
If this is the standard of Labour Party dominated Welsh Government, God help us All. Our futures look very bleak, indeed.
Body snatchers the WAG, we are living in a dictatorship.
If there were so much "support" they wouldn't need to make donation compulsory. This repulsive legislation helps no-one. Least of all those people that receive an organ from someone that didn't freely give it. It only makes them complicit in a basic abuse of human rights.