A new law that presumes assent to organ donation may well backfire

SIR – Geoffrey Robinson, the Labour MP who introduced the Organ Donation (Deemed Consent) Bill, proposes that people should have to opt out of their organs being used after their death, under the principle of presumed consent (report, February 24).

“To presume” means to be bold enough to do something to someone that one does not have the right to do.

“To donate” means to give voluntarily, as opposed to confiscate by the state.

I find it appalling that the state proposes to take ownership of my body or the bodies of my family once we are deceased.

I fear that this proposed legislation may backfire, with more people opting out than had previously opted in.

Stefan Reszczynski

Margate, Kent

SIR – I am deeply offended by the arrogance of ministers and MPS who are supporting the Organ Donation Bill. Many people will fail to opt out of the system, for many reasons. Can you imagine the trauma that this will cause relatives when they find out that the hospital is to rob their loved ones of their organs by law and that there is nothing they can do about it?

To take organs by law is an assault upon the human body and should not be countenanced in Britain.

I am an organ donor, but I will not be if Parliament’s arrogance in this matter should become law.

Wilfred Gill

Carnforth, Lancashire

SIR – The law of England and Wales is based on Christian principles.

Part of the law is that acceptance must be communicated in order to be valid. The concept of presumed consent to organ donation flies in the face of that legitimate principle. It is implicitly arrogant and must never become part of the law.

Organ donation must always be something one opts into.

Terence Richards

Coventry, Warwickshire SIR – There already exists, in the case of people in England who have signed up to the Organ Donation Register, a legal status of “presumed consent”.

However, an organ donation specialist nurse will still, in practice, ask the family members if they will consent to the deceased becoming an organ donor.

If they refuse, it is unlikely that the surgeon will proceed to harvest organs. In 40 per cent of cases where permission to proceed to carry out organ retrieval is sought, consent is denied.

Introduction of the “opt-out” law in England or Scotland, while it may bring a small and welcome increase in transplants, will not therefore produce a major reduction in the waiting list of 6,000 or so people needing a transplant. That will only happen when a cultural change brings about a significant increase in the number of families who give their consent for their loved one to become a donor.

Michael Amies

Pershore, Worcestershire