Press release
Minister for Health welcomes the passage of landmark Human Tissue Bill 2022 through the Dáil
From Department of Health
Published on
Last updated on
From Department of Health
Published on
Last updated on
The Minister for Health Stephen Donnelly has welcomed the passing of the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022 in the Dáil this evening.
The Bill represents a significant step forward in the regulation of human tissue use in Ireland. It provides a comprehensive legal framework for the donation of organs for transplantation, the carrying out of post-mortem examinations, the use of bodies and body parts for anatomical examination and education, and the public display of bodies and body parts.
The Bill will embed in law the idea that consent, where appropriate, is the defining principle across these sensitive areas and introduce safeguards to protect the integrity of the human body before and after death.
Minister for Health Stephen Donnelly said:
"The continued progress of this Bill is important for healthcare in Ireland. It will ensure that we have robust, transparent and ethical processes in place for the use of human tissue. This will not only protect the rights and dignity of individuals and their families but also support medical research and education."
The Minister expressed gratitude to all those who contributed to the development and passage of the Bill, including healthcare professionals, patient advocacy groups, legal experts, and members of the Dáil.
Minister Donnelly concluded:
"This Bill is about respect – respect for the generosity of donors, respect for the dignity of the deceased, and respect for the trust which the public places in the healthcare system. We look forward to the positive impact this legislation will have on the lives of patients waiting for transplants and on the advancement of medical science in Ireland."
The Bill will now proceed to the Seanad for consideration.
The Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill has been drafted to legislate to provide:
The Bill introduces a new statutory requirement for consent across all of these activities as well as safeguards to protect the integrity of the human body before and after death and to prevent any organ retention without consent in the future.
The Human Tissue Bill introduces a soft opt-out system of consent for organ donation. Under this system, consent for organ donation will be deemed unless the person has, while alive, registered his/her wish not to become an organ donor after death. This is a change from the current system where decisions on organ donation are the responsibility of the next-of-kin and assumes that an individual has a desire to donate their organs after their death unless they make a statement of objection to donation.
Although the wishes of the deceased should be central to any decision, families will continue to be consulted as part of a safe and respectful organ donation process.
The Bill further provides a framework for the donation of organs and tissues and cells from living donors including the introduction of a legislative basis for non-directed altruistic living donation.
It is anticipated that these measures will help increase the donor pool in the State and will encourage organ donation to save lives in circumstances where this is possible.
The Human Tissue Bill introduces consent provisions for non-coronial post-mortems and sets out a clear framework for how consent should be obtained and the information that must be given to families when seeking such consent.
The Bill also amends the Coroner’s Acts 1962-2020 to introduce additional provisions for communication and information sharing with families in cases where a coronial post-mortem is required (additional detail below).
The Bill further provides for regulation of the retention, storage, use, disposal and return of organs and tissue from deceased persons following all post-mortems in hospital settings.
The legislation will lead to improved standards of practice across both the coronial and non-coronial system and will complement updated guidelines currently being drafted by the HSE which are scheduled for publication by the end of the year.
The amendment to section 33 of the Coroners Act will:
The amendment of section 57 of the Coroners Act will introduce a more formal process for the final interactions between a coroner, the family and a nominated person in a hospital or other facility:
The Human Tissue Bill repeals the Anatomy Act 1832 and puts in place arrangements in relation to the donation of bodies to anatomy schools and provisions for the setting of standards to be met in the practice of anatomy.
There is currently no legislation governing the public display of bodies. Consequently, the State has no powers to investigate the provenance of bodies on public display and to intervene if required.
Under the Bill, a license will be required for the public display of bodies after death. The provisions in the legislation outline the consent arrangements required for the donation of a body or body parts for public display and ensure the provenance of the specimens used.