The new law came into effect on Tuesday.
Called the ‘Human Tissue Act 2024’ it means organs can be removed from dead bodies without the deceased person’s explicit prior consent because the new law assumes the deceased person gave consent unless they opted out of the law in writing.
Under the previous law consent was not assumed and had to be explicitly given. The justification for the law is that it will increase the number of organs available for organ transplant operations and therefore save lives. Evidence on this claim is mixed, according to research.
Fr Twomey, Professor Emeritus of Moral Theology at St Patrick’s College, Maynooth told The Irish Catholic he was “quite shocked when I heard about the Act and its assumptions,” and “I think the bill has to be rescinded.”
“In the first place, it assumes that, after death, our bodies are at the disposal of the State,” the priest said. “The Act claims to put consent at the core of its provisions, but it is misusing that concept since it speaks about deemed consent.”
He said “consent is assumed until one registers one’s non-consent. This notion of deemed consent seems to be a radical departure from the juridical notion of consent. In addition, it is very dangerous when the State takes over our bodies.”
Bishop Kevin Doran of Elphin and Achonry published a statement saying the twin dioceses “support organ donation as a generous free gift. But there is no freedom or gift involved unless, at the very least, the process for opting-out is clearly defined and widely published.”
Fr Twomey agreed with Bishop Doran, “people should know they can opt out. But the assumption is still there… that the State has a right over our bodies, or our organs, after death… I, personally, think this is an issue that really should go to the Supreme Court.” The first step for the public should be “to protest to their local TDs.”