No single authority on donations, says senator

The recall of the Seanad may be seen as a political stunt but the substantive issue being debated is one that has engaged many people, not least Fianna Fáil’s Mark Daly.

He has campaigned to examine an EU directive that was enshrined into Irish law without debate last August.

Mr Daly wants the legislation annulled on the basis that Health Minister James Reilly signed off on it months without consulting the Dáil, the Seanad or the Oireachtas health committee.

Mr Daly, who was nominated to the Seanad by the Irish Kidney Association, also believes the law itself is flawed.

He said it fails to establish one single authority on organ donation and transplantation, and he argues that the Government missed an important opportunity to fix Ireland’s transplant system.

The directive on standards of quality and safety of human organs intended for transplantation was adopted by the European Parliament and the Council on Jul 7, 2010.

This legislation provides for the appointment of competent authorities in all member states to oversee the authorisation of procurement and transplantation centres and activities as well as the requirements for the safe transportation of organs.

This directive was transposed into Irish law by Statutory Instrument (SI No 325 of 2012), signed by the health minister on Aug 27, 2012.

The chief executive of the Irish Kidney Association, Mark Murphy, cited the Irish legislation as “the worst implementation of the EU directive on organ donation and transplantation that he has seen in any member state”.

Mr Murphy said: “The legislation only does the bare minimum required from the EU directive which was designed to set the stage for all member states to enact a 10-point action plan which was first published in 2008.

“We were expecting clear leadership to emerge from the Department of Health but what we have got is a list of responsibilities divided between the Health Service Executive and the Irish Medicines Board, and no singular competent authority to drive the action plan into the health system.”

Mr Murphy said he believes that Ireland is the only EU member state without a dedicated competent organ donation authority.

The irony is that the current legislation is merely a technical device to enhance standards of handling and transportation of organs.

It is far less radical than that supported by former health minister Mary Harney. In Oct 2008, she sought to make organ donation compulsory unless the donor or their family clearly specified otherwise.

The Human Body Organs & Human Tissue Bill 2008 was a private members bill, proposed by Senator Feargal Quinn, who lamented that Ireland has half the organ donor rate of Spain.