Philippe Naughton, Times Online
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The Conservatives said today that they saw no reason to change the law on organ donations after Gordon Brown signalled his support for the removal of organs from dead patients without their explicit consent.
In a move to help thousands of patients waiting for organ donations, the Prime Minister gave his backing for a policy of "presumed consent”, which means that unless people opted out of the donor register, or family members objected, hospitals would be allowed to take their organs.
Writing in The Sunday Telegraph, Mr Brown said: “A system of this kind seems to have the potential to close the aching gap between the potential benefits of transplant surgery in the UK and the limits imposed by our current system of consent.”
Ministers will embark shortly on a review of the existing system, with doctors and nurses expected to sign up more donors, but Mr Brown indicated his backing for the more radical Spanish-style approach.
But the move faces fierce opposition from patients' groups and the Shadow Health Secretary, Andrew Lansley, said today that it was not up to the state to decide what happens to people's organs after their death.
"The Government’s responsibility is to encourage registration and ensure transplant co-ordinators and transplant nurses are in place so that when organs are made available they are used for transplants," Mr Lansley said.
“Only four years ago, Gordon Brown and Alan Johnson (the Health Secretary) voted against assumed consent in organ donations on the basis that there was no public support, they said that there were better ways of increasing donations and that the State should not determine what happens to people’s bodies after death," she said.
"Parliament concluded that to take organs without consent was wrong. It is neither right nor necessary for us to change that view”.
Sir Liam Donaldson, England’s chief medical officer, said that he would back the findings of the government’s taskforce on organ donation, but wants to go further and introduce a new system of donation because the shortage of organs is so severe.
He told The Observer: “We have one of the lowest rates (of organ donation) in Europe, far lower than Spain. We have 1,000 or more patients dying on the waiting list each year, and there is a lot of suppressed demand, with doctors not even referring patients onto the list because there is no hope for them. That is a lot of patients dying.
“I think at the moment people often don’t know whether their relative would have wanted to be a donor. Families are being approached when they are in a very distressed condition and, faced with uncertainty, their default position is to refuse consent.
“Often the quality of their dealing with clinical staff is not as good as it should be - the dialogue could be better. It does require considerable skill to handle such sensitive situations.”
But Joyce Robins, of the Patient Concern watchdog, said: “We are totally opposed to this. They call it presumed consent, but it is no consent at all. They are relying on inertia and ignorance to get the results that they want.”
Katherine Murphy, of the Patients Association charity, said: “We don’t think a private decision, which is a matter of individual conscience, should be taken by the state. If people want to give the gift of life, that is their right, but it must be something that is a voluntary matter.”
The Liberal Democrat MP Dr Evan Harris, chairman of the All-Party Kidney Group and a member of the British Medical Association’s Medical Ethics Committee, described the Prime Minister’s support as "good news for patients, good news for potential donors and good news for their relatives“.
"I am delighted that Gordon Brown now backs this plan after the Government blocked my amendment to the 2004 Human Tissue Act, which would have introduced the scheme," he said.
The party's health spokesman, Norman Lamb, said: “Although this is an issue that will arouse strong reactions, the potential for saving lives through a system of presumed consent cannot be ignored.
“The experiences of other countries with such a system present a very powerful case for introducing it here. However, it is vital that we ensure that the ability to opt out is a genuine one. No families should be left feeling that such a step was taken against their will.”
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Brown only sees as far ahead as the headlines on tomorrows papers. I was hoping for better after Blair left, but Brown is NO prime minister.
John, Essex, UK
I agree with Mr. Fleming that life after a Transplant Operation is not easy: I do not feel quite as strong after my Liver Transplant and the lowered immune system is a constant worry. However, I come to a different conclusion. It was all worthwhile! Otherwise my son would now be without his mother. His last words before I went into the operation theatre were: 'don't leave me on my own mum' ! I had a big struggle to survive. Although being on top of a high priority list, because of the shortage of Organ Donors in the UK, I had to wait 8 month for a suitable organ. I was near death, the family from abroad had already been called and the priest had also been at my hospital bed to give the last rites. And all these problems might have been avoided if Organ Donation were better organised. In my experience, and I have spoken to many, people just never get round to signing up. Therefore, in my view, only a radical change in the system will help to improve the situation.
Karin Staub-Leigh, Southampton, Hampshire
Big Brother - first they tax you to death, then they rip your organs out. This is Stalinism gone mad.
Only Gordon Brown and the loony Lib Dems (who seem to be the Hard Left in sandals) seem in favour of this.
There should be a presumed opt-out with a decision to opt-IN if necessary.
This is an absolutely disgusting move by a government already screwing peoples' faces into the dirt.
Dave, Mansfield,
I dont really understand the problem that the critics of this plan have. The main problem appears to be that it will be automatic - but if anyone really is opposed (or their relatives are) then they can opt out. If the process of opting out is made simple and rigorous, those who have a strong view on this point can opt out. Most people probably havent thought about donating their organs, so they dont take the positive step required to donate, but they probably wouldnt be opposed. (75% in favour of organ donation vs 19% on organ donor register).
Those who say this represents a seizure of "private" property dont seem to have understood that anyone who feels strongly about this can opt out. The more serious reservations about organ harvesting from patients who are not yet "dead" can be met with rigorous medical ethics. Presumed consent will not be a panacea since relatives tend to refuse permission, so the extra transplant coordinators etc are also necessary.
Ken, Oxford, UK
Is this just a little too close fascism? However well-meaning there are some things that democratic governments simply cannot do. Surely this measure is one of them.
Surely there are lines in the sand beyond which it is not ethical for any government to go. Things it cannot do without permanent damage to its right to be seen as democratic. Trying to change the presumed meaning of the word 'consent' is surely one of those lines in the sand.
Mike Riordan, Heanor, Derbyshire
I don't share Evan Harris's enthusiasm. Taking body parts without explicit consent seems utterly illiberal, undemocratic and unethical. It smacks of totalitarianism and is quite at odds with the values his party should be standing for.
No doubt the idea of extending the state's control over us as we make the transition from citizenship to corpseship is profoundly attractive to nuLabour's high priesthood, however.
Gordon Alexander, Frome, UK
I'm sure that most people would consent to organ donation if presented with the situation but to assume the right of ownership in the absence of such consent borders on theft?
Does this mean that the Government can take anything from us in the absence of consent?
It concerns me that if the medical profession are presented with a situation whereby a patient has had a long life and there is a pressing need for organ donation the decision as to live or die may be compromised by the presumed consent rule. The temptation to let the patient die to become a donor suddenly becomes a reality.
Yes I am concerned and I believe that this subject is best left as it is at present.
Where does presumed consent end?
Ken, Hastings, Sussex, England
I fully support this
Joe, Castleisland, Ireland
I think it is a good idea to take organs unless the person's religion or family opposes. There are a lot of people who die waiting for donors. Why just put good organs in the ground? One doesn't need them after death.
K.Alexander, Dallas, TX, USA
Should any government have the power to conscript the dead or compel citizens to take steps to be let alone?
Or is it just a diversion to sex-up the word 'donation'? Perhaps peerages would increase the supply without anyone having to make a declaration.
Compulsion is a slippery slope. How secure is the knowledge that someone has opted out and how will they be treated by health professionals who can access that knowledge when a likely candidate patient is admitted to a hospital?
Jay Brodie, Pinner, Middlesex
As a Heart transplant recipient at the age of 22 (now 35), I think it would first be important to recognise our status as having an 'invisible disability', before government starts championing this very serious operation. We have to take powerful anti-rejection drugs for the rest of our lives that lower our immune system and make catching infection dangerously easy (so public transport becomes an unwise venture). In most cases our stamina is lower, making the search for and sustaining of, suitable full-time work impossible. For younger recipients getting a mortgage is extremely difficult and there is very little financial support involved in the aftercare. The suffering of flashbacks and sleep disturbances is also common; yet we have to fight tooth and nail for Disability Living Allowance. This procedure is far from being a walk in the park, it is basically the replacing of an immediate problem with a set of long term ones; ones that the media and the government never seem to mention.
Andrew Fleming, Liverpool, UK