PL whip warns organ law could pave way for gamete donation

Labour whip Godfrey Farrugia warned that a proposed law to regulate organ donation could pave the way for sperm and ova donation.

The law will allow people to register the organs, tissues and cells that they would like or not to donate before or after their death. Unlike the current donor card system, people’s wishes will be legally binding.

However, Farrugia argued during Monday's parliamentary debate that the word “cell” in the Bill is loosely defined as “human cells not bound by any form of connective tissue”, a definition for which sperm and ova could qualify.

Moreover, he warned that the Bill could actually see sperm and ova donation permitted against a fee.

This is because it envisions the establishment of an organ and tissues donation register that will be maintained by the Superintendent of Public Health, who will ensure that all donations are voluntary.

However, cells will not be included on this register.

“This law has paved the way for the donation of sperm and ova against a fee, despite such a practice not having been discussed during public consultation face or during committee stage. The Bill is currently ambiguous on sperm and ova donation, and I hope the person who designed the law didn’t do so specifically with that in mind.”

Health minister Chris Fearne denied that the Bill was written so as to introduce gamete donation on the sly, and promised to amend the text to clarify it.

“I have already come out in favour of gamete donation, but this will be discussed in Parliament at a separate date. We will not use such a well-meaning to Bill to introduce a controversial concept.”

Farrugia also called for clarity on the conditions through which the harvesting of organs from brain dead people will be permitted.

“The protocol should be that organs are harvested from people with brain stem death, but not from those with cerebrum death,” he said.  

Fearne responded that it will use the Harvard critieria to describe what constitutes brain dead.