S4M-15128 Transplantation (Authorisation of Removal of Organs etc) (Scotland) Bill: Stage 1

The Presiding Officer (Tricia Marwick): 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) (Scotland) Bill.

14:14
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15:13

Stewart Stevenson (Banffshire and Buchan Coast) (SNP):

I come to the debate informed by experience—not the experience of receipt of organ donation, but the experience of donating by a deceased relative. When my father-in-law, who was a nurse, died suddenly at the early age of 54, his widow and daughters decided that there could be no finer memorial to his life than that his death should mean life for others. In fact, they drew it wider than simply authorising use of his remains for organ donation, and he became part of the education of medical students. Their dissection of him after death helped to prepare them for their careers.

In due course, we sought the same disposal for his widow, but practical issues prevented it. Jim’s funeral had a different focus: it was less on the coffin at the front of the church—there was none—and more on the man, his contribution to the lives of others and the contribution to the future wellbeing of others that he was now making. The grieving process seemed to be easier for that knowledge. A year later, an invitation arrived from the students who had benefited from his donation to join them at the cremation of his remains. Today, Jim’s granddaughter—a nurse—is state transplant co-ordinator in Queensland, Australia.

Like many others, I had, prior to Jim’s death, given little or no thought to organ donation. My instructions to my executors are now clear and unambiguous. They are to reuse everything in any way that could benefit others. All my close relatives know that. My driving licence has the 115 code on the back that can tell others about my registration; it is one of the least understood indicators of one’s being registered for organ donation.

Our Parliament’s Health and Sport Committee has performed its task in preparing for our consideration a stage 1 report with the diligence that we always expect and almost always get. With the experience of having taken five bills through Parliament, I know how challenging it is to get the detail right, and to convert the policy intention into proper form for legislation. It is difficult with all the support that a wheen of civil servants or committee clerks can provide to a minister or convener, so how much more difficult is it for an individual MSP who is relying on the substantially more limited resources of their own knowledge and experience and the assistance of Parliament’s non-government bills unit?

When the bill was introduced, I indicated to our whips that I could not oppose its general principles because I give paramouncy to helping others and I have not changed my mind, even if the bill’s prospects of doing so have created difficulties because of the detailed expression of its principles. [Applause.]

I have great sympathy with the minister’s position and the fact that she cannot yet see a way of making the bill into something that can be implemented. However, any bill that offers even the most meagre prospect of an increase in organ donation needs us to endorse its general principles. But, and it is a significant “but”, those whose faith means that they have a different view to mine about proper disposal of human remains must not—repeat not—find themselves being forced to go against their wishes or the wishes of a deceased person.

I must say that it remains a mystery to me that I can create a will that directs how all my assets heritable and movable should be used after my death, but I cannot command how the disposal of the most personal of all that is mine—my body—is disposed of. That is for another day, perhaps in the succession bill that I expect will be introduced during the next parliamentary session. I understand the difficulties in respect of legal issues, such as confirmation of wills, which take more than the very short period of time within which decisions on organ donation have to be made.

The Government and the committee have accepted the principle of soft opt-out, and it is tremendous that there is unanimity on that. If we support the general principles of the bill at decision time, it might well be that difficulties with the bill’s detail mean that it will fall later in the parliamentary process. Well—let us test the general principles and their expression in the bill through further parliamentary process, when there will come the proper point at which to derail its progress, if that is the correct outcome.

This evening I must and shall vote in favour of our endorsing the general principles of the bill.

15:18