I propose to take Questions Nos. 826, 827, 828, 829 and 830 together.
The Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 was enacted in February 2024. The Act is a composite piece of legislation that includes provisions around donation and transplantation of organs, tissues, and cells, post-mortem practice and procedures, anatomical examination, and public display of bodies after death. Crucially, it embeds in legislation the idea that consent is the defining principle across all these sensitive areas.
Part 2 of the Act, which commenced on 17 June 2025, provides for the first time a national legislative framework for organ donation and transplant services in Ireland.
Under the legislation, all adults in Ireland are considered to have agreed to be an organ donor when they die unless they have recorded a decision not to donate on an Opt-Out Register or are in one of the excluded groups. It is important to reassure people that family members will always be consulted before any action is taken. This is commonly referred to as a soft opt-out organ donation system. Under this system, organ donation remains voluntary.
This system does not include an exemption for persons as a result of their cultural or religious beliefs, or other ethical or philosophical grounds. The excluded groups include:
• Children under the age of 18.
• People who don’t normally live in Ireland or who have lived here for less than a year.
• People who may not have had the capacity to make a decision to opt-out of organ donation before they died.
• People whose family members can’t be contacted in time to confirm that they don’t object to the donation of their loved one’s organs.
Outside of the excluded groups, those who object to organ donation, for whatever reason, can record their objection on the Register. The wishes of those on the Register will be respected in full, and their family will not be approached on the issue of organ donation. This objection applies to the relevant organs under the Act, namely, the liver, lung, pancreas, heart or kidney.
Regarding the individuals that have not registered an objection on the Register, I want to reassure people that organs will not be automatically donated, and family members will always be consulted before any action is taken. In instances where families object to organ donation, the donation will not proceed.
For this reason, everyone is encouraged to discuss their wishes around donation with their family to make sure that their choices will be known and respected. The wishes of the deceased, where known, should be central to the decision making of the family.
All the major religions are supportive of organ donation. The new system changes the default assumption to one that matches the prevailing public attitude regarding organ donation. Meanwhile, the Register is intended to ensure that a person’s right to autonomy, self-determination and bodily integrity is respected. Consent is at the heart of these changes. It will still be for people to choose if they want to be an organ donor.
It is important to note that not everyone dies in circumstances that make organ donation possible. Medical criteria and other conditions must also be met. A potential donor must be in a hospital and maintained on a life support machine before they can become an organ donor and only a small number of people meet these criteria every year.
Finally, I intend, in line with section 17 of the Act, to carry out a review of the operation of the Relevant Organ Donation Opt-Out Register 3 years following the commencement of this Part. I believe that this timeframe will allow for the new system including the Register to become established, and at that point we will have a clearer picture of how the Register is operating and the effect it has had on the organ donation and transplantation landscape.