'Dáithí’s Law’ to go live tomorrow

Date published: 31 May 2023

From tomorrow, all adults in Northern Ireland will be considered potential organ donors unless they choose to opt out or are in an excluded group.

Dáithí Mac Gabhann
Dáithí Mac Gabhann

The Organ and Tissue Donation (Deemed Consent) legislation, known as ‘Dáithí’s Law’ in honour of six-year-old Dáithí Mac Gabhann, will change the way consent is granted.

The intent of the new legislation is to increase the current number of organs available to people in need of a transplant.

Permanent Secretary Peter May said: “Tomorrow is a hugely significant landmark day for organ donation in Northern Ireland. More than 140 people are waiting for transplant across Northern Ireland. The opt-out system means that all adults in NI, unless in an excluded group which includes children under 18 years, those who lack capacity to understand the new law and those who are temporarily resident in NI, will be considered to be organ donors after death unless they chose to opt-out.

“Everyone will still have a choice – people are free to opt-in, opt-out or amend their decision at any time – and families will continue to be consulted. We know that the vast majority of people here say that they support organ donation in principle, but many people still haven’t got round to signing the NHS Organ Donor Register or telling their families. By switching to an opt out system, the hope is that this makes it easier for families to support donation.

“We have already seen increased awareness, discussion and support for organ donation during the law change process and I hope that in time, this will lead to more people saying yes to donation and saving even more lives.”

Last year in Northern Ireland, 96 patients received a life-saving transplant from a deceased donor, and NI had 59 donors who enabled 140 life-saving transplants across the UK. Sadly, 10-15 patients die each year in NI while awaiting a transplant.

Dr Dominic Trainor, Clinical Lead for Organ Donation in NI, explained: “It is only in the unfortunate situation where a person has died in hospital, in specific circumstances, that organ donation is considered. As these numbers are very small, organ donation is, and will always be, a precious gift. 

“One donor could potentially save or transform the lives of up to nine people. However, there are more patients awaiting an organ transplant than there are organs available.  As a result, patients often endure many years of illness while waiting for a suitable organ, and in some cases, the call never comes.

“The new law aims to increase the rate of consent and ultimately the number of lifesaving organs available for transplantation.”

Dáithí Mac Gabhann has been on the waiting list for a heart transplant since 2018. During this time his family have worked tirelessly to campaign for a move towards soft opt-out law and to promote organ donation. It was the 1st of June five years ago when Dáithí was placed on the waiting list for a new heart.

Dáithí’s father, Máirtín, said: “As a father, there are few moments in life that can compare to the pride and joy I feel for my son Dáithí on this momentous day. After years of tireless campaigning and fighting for this cause, Dáithí's Law is finally going to be in effect. It's hard for me to put into words just how much this means to our family and to the organ donation community.

“The journey to get to this point has been long and exhausting. We have made countless sacrifices along the way, and there were times when we felt like giving up. But we persevered, because we knew that this was a cause worth fighting for.

“Today is a day of celebration. It is a day that we will remember for the rest of our lives. But it is also a day to reflect on the hard work and dedication that went into making this happen. We have fought tooth and nail to get to this point, and we have done it with love, determination, and a sense of purpose. We plan to continue to spread the message of Dáithí's Law and continue to raise awareness of organ donation at any opportunity.

“Today is a day of hope, of love, and of triumph."

Notes to editors: 

  1. The Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022 was passed by the Northern Ireland Assembly on 8 February 2022 and received Royal Assent on 30 March 2022.  Secondary Legislation was passed on 27 February 2023 and received Royal Assent on 28 February 2023. The new law will come into effect on 1 June 2023.
  2. Over the past year, the Department of Health has been working closely with partners and stakeholders to ensure that the health system, staff, and all of the supporting infrastructure, and legislation would be operationally ready for rule change. This included the drafting of secondary legislation to clarify which organs and tissues are covered by the provisions of the new law.
  3.  There are now more than one million people (1,015,265) in Northern Ireland who have registered as an organ donor on the NHS Organ Donor Register. This is 53% of the whole population. 
  4. 9,788 people have registered to opt out.  
  5. Scotland and Northern Ireland have the highest proportion of opt in registrations on the ODR, 53.4% and 53.2% of the population, respectively.
  6. Last year in Northern Ireland, there were 59 donors who enabled 140 life-saving transplants across the UK. 96 patients in Northern Ireland received a life-saving transplant from a deceased donor.
  7. Around 144 people in Northern Ireland are on the transplant waiting list.
  8. Every year around 10-15 people in Northern Ireland die while waiting for an organ transplant.
  9. For any additional information regarding the law change or to register your decision, please visit www.organdonationni.info.
  10. For media enquiries please contact the DoH Press Office by email pressoffice@health-ni.gov.uk.
  11. Follow us on Twitter @healthdpt.
  12. The Executive Information Service operates an out of hours service For Media Enquiries Only between 1800hrs and 0800hrs Monday to Friday and at weekends and public holidays. The duty press officer can be contacted on 028 9037 8110.

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