Date lodged: 20 July 2017
To ask the Scottish Government, further to the answer to question S5W-10073 by Aileen Campbell on 19 July 2017, whether it will list the main differences between its proposals and the bill considered in session 4.
Answered by: Aileen Campbell 17 August 2017
The overall aim of the proposals in the Scottish Government consultation on increasing organ and tissue donation is to provide for a workable soft opt out system of organ and tissue donation which will do no harm to trust in the NHS or to the safety of transplantation. Conversely some of the main concerns with the session 4 bill, in addition to specific difficulties with some of the provisions, were that there had not been adequate consideration of how they would work in practice, how family members would be involved or of the cost implications, both for organ and for tissue donation.
The specific proposals in the consultation differ from those in the session 4 bill on key aspects. These include on roles such as the Authorised Investigating Person, which was central to the session 4 bill but not included in the Scottish Government proposals and the approach to proxies.
The Scottish Government proposals also include explicit authorisation for adults with incapacity. The session 4 bill also provided less protection for those newly resident in Scotland.