Scottish Political Editor - July 11
LABOUR MSP George Foulkes is to ask the Scottish Parliament to change the law on organ donations as the waiting list for transplants continues to grow.
The Lothians backbencher wants to introduce an "opt out" system so medical staff can assume a dead person's organs are available to save other people's lives unless the individual has expressly said otherwise.
MSPs rejected such a move in the last session of parliament. But Mr Foulkes said he believed it was worth trying again.
The number of people on the transplant waiting list in Scotland stands at 818, compared with 695 in September 2005. In Lothian, 135 people are waiting for an organ transplant. The most common organ requirements are kidneys, liver and lungs.
Mr Foulkes said: "Organ or tissue transplants help save and dramatically improve thousands of Scottish lives every year, but unfortunately, there is still a shortage of organs. Each year, hundreds of people die waiting for heart, lung, liver and kidney transplants."
This week is National Transplant Week, designed to raise awareness of the issue. Last week Mr Foulkes registered as a donor as he helped launch the British Transplant Games, due to take place at Meadowbank Stadium from July 26-29.
But he claimed changing the system to one of "presumed consent" would give more people the chance of survival.
He said: "I don't think there is any danger of a Burke and Hare situation where people go round looking for bodies to get their organs. We can make sure there are enough safeguards."
Mr Foulkes said he would look to see if there was any appropriate legislation coming forward that he could amend. Otherwise, he would consider a Member's Bill on the subject. But he acknowledged there was a finely balanced argument on the "opt out" idea.
"There is a fairly big debate going on within the medical profession," he said. "The proponents of the current situation like the idea of people being donors, and the organ being a gift.
"They argue we should keep the status quo, but encourage more people to sign forms and go on the register and carry cards.
"Others say that will never produce enough organs - and I fall on that side of the argument." He said relatives would still be consulted, but under the "opt out" system it would only be a case of asking if they objected.
The British Medical Association backs the idea of "presumed consent" and has called for a public debate on the issue.
Dr George Fernie, a member of the BMA's Scottish Council, said surveys showed 90 per cent of the population supported organ donation, yet only 23 per cent had registered as donors, and when families were asked for permission to use the organs of their dead or dying relatives for transplant, 40 per cent objected.
He said the BMA was calling on the Scottish Executive to assess the level of support for such a policy. "It is not acceptable to reject presumed consent without at least making a clear effort to determine what the public's opinion is on this matter," he said.
But Edinburgh Pentlands Tory MSP David McLetchie said there had been great distress caused in the past when organs had been used for research without consent from the family.
"Presumed consent is going to make that problem worse rather than better," he said.
An attempt last year to amend the Human Tissue (Scotland) Bill to introduce the principle of presumed consent was defeated by 87 votes to 18.
Minister for Public Health Shona Robison said the system of opting-in had been strengthened by giving more weight to the wishes of the deceased.
She said: "Extensive consultation was carried out at the time and little support was demonstrated for a system of presumed consent.
"A time might come when it will be possible to move to a system of presumed consent, but that time is not now."