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Chamber

Meeting of the Parliament 09 February 2016

09 Feb 2016 · S4 · Meeting of the Parliament
Item of business
Transplantation (Authorisation of Removal of Organs etc) (Scotland) Bill: Stage 1

It is my great privilege to open this debate, to welcome key stakeholders and their families to the public gallery and to speak to my motion that the Parliament agrees to the general principles of the Transplantation (Authorisation of Removal of Organs etc) (Scotland) Bill.

Today, we will debate and vote on whether we as a Parliament agree to the general principles of the bill—that is, whether we agree with its overall purpose, which is ultimately to introduce a soft opt-out system of organ donation in Scotland. This debate is not about whether we agree with every specific provision in the bill. That is what the amending stages of the parliamentary process for bills are for. If members agree that Scotland should have a soft opt-out system of organ donation, they should vote for the bill tonight. If they are against the introduction of an opt-out system, they should vote against it. That is the decision that we will make today.

It has taken me almost two years to reach this point, and it would be absolutely devastating to all those who have participated and built up their expectations if that time has been wasted. Time is a luxury that those who are waiting on an organ transplant do not have. Tragically, not everyone who started this journey with us is here today to hear the debate. That is the reality.

It has been a huge privilege to hear the personal stories of those whose lives have been affected by waiting on an organ transplant and those who have been given the gift of life. From the bottom of my heart, I sincerely thank them for sharing their experiences. I know that it has not been easy for them. The bill is for them. Members should be in no doubt that people want us to introduce a soft opt-out system of organ donation, not at some point in the future, but right here and right now.

I also place on the record my thanks to the members of the Health and Sport Committee, the Finance Committee and the Delegated Powers and Law Reform Committee for their consideration of the bill and its accompanying documents, and I thank the non-Government bills unit for all the fabulous assistance that it has provided. I thank David McColgan of the British Heart Foundation and Caroline Wilson of the Glasgow Evening Times for their total support over the past two years. Last but not least, I thank my wonderful team for all their hard work, patience and support. They care as passionately as I do about the bill.

As I said, the bill has a single purpose—to introduce a soft opt-out system of organ donation in Scotland. If there is the will—and the political will—to do so, we can agree at a later date the mechanics of how we implement the system. Let us be clear—as I have always been from the bill’s conception—that the bill as introduced is not the final word but can be amended at later stages. The bill is necessary as people in Scotland still die every year while waiting on an organ transplant.

In the same item of business

The Presiding Officer (Tricia Marwick) NPA
The next item of business is a debate on motion S4M-15128, in the name of Anne McTaggart, on the Transplantation (Authorisation of Removal of Organs etc) (Sc...
Anne McTaggart (Glasgow) (Lab) Lab
It is my great privilege to open this debate, to welcome key stakeholders and their families to the public gallery and to speak to my motion that the Parliam...
Mike MacKenzie (Highlands and Islands) (SNP) SNP
Does Anne McTaggart agree that some of the difficulties with the bill, such as those that relate to proxies, are complex issues for which no apparent solutio...
Anne McTaggart Lab
No—I do not agree that that is the case. We have had bills to which up to 200 amendments have been lodged, so I do not agree that the issue of proxies need b...
Kevin Stewart (Aberdeen Central) (SNP) SNP
I congratulate Ms McTaggart on bringing forward the proposal. She talked about the possibility of extra donors. Does she agree with the figures that the Brit...
Anne McTaggart Lab
Yes, I certainly agree with the British Heart Foundation Scotland. Let us be clear. There is a price to be paid for delaying the decision. I have never said...
The Minister for Public Health (Maureen Watt) SNP
I pay tribute to Anne McTaggart. She and her staff have worked tirelessly to bring us to where we are today—debating organ donation in this chamber and raisi...
John Mason (Glasgow Shettleston) (SNP) SNP
Will the minister take an intervention?
Patricia Ferguson (Glasgow Maryhill and Springburn) (Lab) Lab
Will the minister take an intervention?
Maureen Watt SNP
The Government shares the concerns that were expressed in the stage 1 report. In particular, we agree that the appointment of proxies could cause unnecessary...
Drew Smith (Glasgow) (Lab) Lab
Will the minister give way?
Stewart Maxwell (West Scotland) (SNP) SNP
Will the minister give way?
Maureen Watt SNP
There is a particular concern in the case of adults with incapacity. The bill’s provisions could lock such adults into organ donation, because they could not...
Patricia Ferguson Lab
Will the minister take an intervention?
Maureen Watt SNP
NHS Blood and Transplant, which currently employs the specialist nurses, also raised concerns about the AIP role. Interruption.
The Presiding Officer NPA
Order.
Maureen Watt SNP
I will take an intervention from John Mason.
John Mason SNP
The minister mentioned specific provisions and aspects of the bill. Can she confirm that her opposition to the bill is based on those details and not on the ...
Maureen Watt SNP
I absolutely can. I will come to that. Although some of the issues could be addressed through amendments at stage 2, others could not be.
Drew Smith Lab
Will the minister give way?
Maureen Watt SNP
If the member would just listen, he might understand why we are objecting to the bill. Interruption.
The Presiding Officer NPA
Order.
Maureen Watt SNP
In particular, the authorised investigating persons provisions cannot be separated from the bill, because the proposed model requires AIPs to police the new ...
Anne McTaggart Lab
What is currently in place for that to happen?
Maureen Watt SNP
In terms of proxies? There is nothing about proxies in the system at present. Although the majority of the committee did not support the propositions in the...
Margaret McCulloch (Central Scotland) (Lab) Lab
Will the minister take an intervention?
Maureen Watt SNP
I can confirm today that, in line with the committee’s recommendation, we are starting preparation for a detailed consultation on further methods to increase...
Anne McTaggart Lab
When?
Maureen Watt SNP
If we are re-elected, we will take the matter forward as an early priority in the next session of Parliament and bring forward legislation as appropriate. W...
Jackie Baillie (Dumbarton) (Lab) Lab
Will the minister take an intervention?