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Belfast Live
Belfast Live
Health
David Young & Jonathan McCambridge

Organ donation: Delay in introducing Daithi's Law branded "unacceptable"

A delay in enacting legislation to establish an opt-out organ donation system in Northern Ireland due to the Stormont stalemate has been branded unacceptable by Michelle O'Neill.

The Sinn Fein vice president has again called on the DUP to join with other parties to restore a powersharing executive to "stop punishing vulnerable people".

The new law, which would bring Northern Ireland into line with the rest of the UK, would automatically make people organ donors unless they specifically state otherwise.

READ MORE: Parents of tragic Belfast teen on his organ donation and inspiring others

It was to be called Daithi's Law, after six-year-old Daithi MacGabhann from Belfast, who is on the organ transplant waiting list and whose family have campaigned for the new legislation.

The legislation has previously been agreed by the main Stormont parties, but the Department of Health said it requires secondary legislation to be passed by the Assembly to become law.

Ms O'Neill said: "News that the organ donation law is now being held up because one party has refused to enter the Assembly and Executive is completely unacceptable.

"The passing of Daithi's law, and the powerful determination of his family, offered great hope to so many people desperately waiting for an organ transplant and modernised our organ donation laws.

"This is life-saving legislation and it must be implemented with no delay.

"I am again appealing to the DUP to get back around the table, work with the rest of us to get this legislation over the line, to support people through the cost of living crisis, to tackle waiting lists and stop punishing vulnerable people."

Permanent secretary at the Department of Health Peter May told the PA news agency that Daithi's Law was an example of legislation which needed a sitting Assembly.

He said: "Daithi's Law is a piece of legislation passed by the Assembly last February which requires regulation, secondary legislation, in order to be given effect.

"And those regulations need the approval of the Assembly.

"Now, clearly, in the absence of an Assembly, we can't proceed with that.

"So, that is an area where one piece of legislation which affects the deemed consent for organ transplants, cannot proceed.
"And that's just a microcosm of other examples along those lines."

Mr May added: "I think we all want to do the best we can for the public that we serve.

"When there's a cross party consensus behind that piece of legislation, it would be great to see it properly enforced, as the Assembly intended."

Daithi's father Mairtin MacGabhann said the delay in the legislation was "devastating".

He told the BBC: "Everything that needs to happen is just a formality - the hard work has been done.

"From what we can see the Department of Health has done everything in their power to make this ready to go.

"This is life-saving legislation."

Mr MacGabhann called on Secretary of State Chris Heaton-Harris to step in to progress the legislation from Westminster.

The powersharing Assembly at Stormont has been suspended from last year as part of a DUP protest against the Northern Ireland Protocol.

DUP MLA and former first minister Paul Givan told the BBC: "I think it is hugely disappointing that we are in this position. It's not a position I want to be in."

"That's why we want the UK and the European Union to get on with their job."

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