SPUC reports that ethical campaigners have expressed their
sadness following final approval of a bill in Wales to create an opt-out system
for organ transplantation. See previous BLOG POST on this topic.
Members of the Wales region of the Society for the
Protection of Unborn Children (SPUC) www.spuc.org.uk are saddened that the
Secretary of State for Wales has decided not to use his powers to block the
Human Transplantation (Wales) Bill from being sent to Her Majesty the Queen for
Royal Assent (see Note 1 for Editors below).
Michael Wendell Thomas, vice-chairman of SPUC's Wales
region, said: "A collective weight of opinion has demonstrated that
implementation of the Bill will be fraught with risk. This opinion has been
presented by medical and ethical professionals, faith communities (Christian,
Muslim and Jewish), patient care organisations, plus the vast number of people
who made individual submissions to the Welsh Government during three years of
consultations."
"The case for 'deemed consent' as a valid form of
consent was not investigated by the Welsh Assembly's Health or Legislative
Committees. The only basis for this kind of law is that the Welsh Government
has deemed it so. This is probably the most important law that the Welsh
Assembly has ever passed, seeing that it deals with the rights and lives and
health of every Welsh resident. It therefore reflects very severely on the
reputation of Wales, of devolution, and of all Welsh Assembly members, as well
as the current Wales Government. To the ordinary non-lawyer, 'deemed consent'
is a meaningless idea; to many eminent or expert people, such as the Archbishop
of Wales, it is a "fiction". True consent is explicit and voluntary,
and is the only sound basis for laws concerning personal autonomy and
permission to remove someone’s organs", said Mr Thomas.
"The Bill as described by successive Assembly Health
Ministers and the First Minister was for a 'soft' opt-out option, with a family
veto on 'deemed consent' cases, as supported by the First Minister (see note 2
below). However, the version of the bill passed by the Assembly on 2 July is
for a 'hard' opt-out system. Public and expert submissions had therefore been
made on a false premise.
"Evidence has shown the current voluntary organ
donation system to be successful. However, the number of organs available for
transfer has fallen recently. Some feared that the new legislation could lead
to more patients on the waiting-list dying before organs became available. It
is highly unlikely that, even if the bill does produce more organs, it will
save the lives of those Welsh people on the waiting-list."
Mr Thomas added: "There is also a myriad of
cross-border and human rights issues which will arise once the legislation is
implemented.
"Members of SPUC's Wales region will remain vigilant
regarding this ill-considered piece of legislation. We will campaign wherever
possible to mitigate the effects that it may have on the weak and vulnerable in
our midst. We shall also seek to ensure that the professional standards of
clinicians involved in organ removal are not eroded by pressures from
unscrupulous people to produce ever-more organs for transplant, irrespective of
the dangers to those dying. We remain committed to real, voluntary and informed
organ donation by the individual dying patient", concluded Mr Thomas.
