Health and Community Care Committee, 07 Jun 2000

Meeting date: Wednesday, June 7, 2000

Official Report 241KB pdf

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Organ Donation

Good morning. We will start with agenda item 1. Some committee members have been keen that work should be done on organ donation, focusing on whether we should keep the present system, in which people have to opt in to donate their organs after death, or move towards a system in which people opt out of donation. Opt-out systems are in use in other countries.

The Scottish Parliament information centre has prepared a paper for us. I would like some clarification on two or three points in the paper and some issues that arise from it to be taken a little further.

After last week's committee meeting, all members will be aware of the time pressures on the committee's business. I would, therefore, like to know what course of action the committee wants to take. There is a range of things that we could do on this important issue: we could simply note the paper; we could make suggestions as to how its research could be extended and then brought back to us at a later date; or we could decide to appoint a reporter.

When the issue came up, I was quoted in a number of places. I have been taking the matter forward independently of the committee. I am going to London to meet Nick Palmer MP, who has introduced a bill under the 10-minute rule in the House of Commons. Two bills have been introduced in the House of Commons.

I have also had some discussions with the British Medical Association and corresponded with some of the transplant associations and societies. I am keen that the committee should consider the issue for inclusion in its programme of work for next year.

Before we get drawn into a discussion on transplants, I would like to know whether we are legislatively competent to do so. The SPICe note says that the Scotland Act 1998

"does not say whether organ donation and transplantation . . . is reserved or devolved".

Before we go any further, let us determine whether it is a reserved power or a devolved power. According to the research note, we

would follow the normal procedure in establishing the legislative competence of the Scottish Parliament.

Can we do that before we go further?

That is one of the points of clarification that I understood from the research note. We need to know whether we have legislative competence. If we have, we must consider the impact of having one organ donation arrangement in Scotland and another in the rest of the UK.

I agree. We must know whether organ transplantation is a reserved or devolved matter. We should, assuming that the matter is within our remit, note the research paper and discuss it at another time. A discussion on this would warrant the full committee and an evidence session. It is an important issue, but we must clarify whether Parliament is competent to legislate on it.

At this stage, we shall seek clarification on whether we have legislative competence on the matter. If there are any other points in the research note that members would like to discuss with or have clarified further by SPICe, they should let the clerk know. At this point, we shall simply note the paper. However, members will want to return to the issue at some point. I know that Richard Simpson is already doing some work on the topic. We can probably pull in the information that he has gathered when we come, as a committee, to do further work on organ transplants. We shall put the matter on the agenda for a later date. As Kay Ullrich says, it would be beneficial to take evidence because we know that many reputable organisations in the health service and elsewhere have different opinions on the subject. Is that suggestion acceptable to members?

Members indicated agreement.