Organ Donation Taskforce report

HTA response to the report on presumed consent.

Issue date: 17 November 2008

Adrian McNeil, Chief Executive of the Human Tissue Authority (HTA), said:

“This report has been eagerly awaited because we have not had enough information about the way an ‘opt out’ system would impact on the UK. For the first time we have evidence that informs the direction the UK should take.

”This impressive report adds even more weight to the key recommendation of the first report from the Organ Donation Taskforce that more resources need to be put into the current system to improve infrastructure and increase awareness of the Organ Donor Register.

“Now that the Taskforce has concluded that a change to an opt-out system is not desirable, the HTA will continue to ensure that the consent provisions of the Human Tissue Act are implemented.”

Shirley Harrison, Chair of the HTA and member of the Organ Donation Taskforce, said:

“There is clearly an urgent need to improve the quality of life and life chances of the thousands of people in need of transplants every year. The Taskforce’s first report made a series of recommendations that could increase the number of available organs by 50%, and the Government is actively taking these forward.

“The Taskforce was subsequently asked to consider whether a change to an opt-out system would increase the number of organs available for transplantation. Evidence-based policy making is essential in healthcare. The Taskforce was able to commission new research, bring together the best existing evidence from all over the world and to look long and hard at the legal, practical, cultural and ethical implications of a change.

“Under the present legislation, the Human Tissue Authority’s Codes of Practice make clear that consent is a positive rather than a passive process. This safeguard enables the public to have trust and confidence in the system.

“The evidence from this report shows that changing from the present system of active consent to an opt-out system would not increase numbers of organs available; and that there is potential for making the current low level of organ donation even worse by eroding the public’s confidence.

“The HTA believe that the Taskforce has carried out a very thorough investigation into opt-out; and commends the government for giving the Taskforce the time and resources to undertake a thorough piece of work before making a decision on future strategy.”

Contacts

Claire Bithell, Media Manager, Human Tissue Authority on 0207 211 3439 or claire.bithell@hta.gov.uk

Andy Thornley, Communications Officer, Human Tissue Authority, on 0207 211 3416 or andy.thornley@hta.gov.uk

Notes to editors

As the regulator under the Human Tissue Act, the HTA has a number of statutory functions:
 

• To inform the public, professionals and the Secretary of State for Health about issues within our remit. We meet this requirement for professionals by providing guidance, including codes of practice, to support good practice.
• To regulate, through licensing, a number of sectors and to carry out inspections to ensure licence conditions are being met. The licensed sectors are: anatomy, post-mortem services, human application (transplantation of tissues and cells), research and public display.
• To regulate, through a system of approvals, the donation from living people of solid organs, bone marrow and peripheral blood stem cells for transplantation into others. The HTA also oversees the consent requirements of the HT Act for deceased organ donation.
• The HT Act covers England, Wales and Northern Ireland. There is separate legislation in Scotland – the Human Tissue (Scotland) Act 2006 – and the HTA performs certain tasks on behalf of the Scottish Government (approval of living donation of organs and licensing of establishments storing tissue for human application).
• The HTA is also the competent body for the European Union Tissue and Cells Directives (EUTCD) which is implemented UK-wide.