A private member's bill to shift to an ‘opt-out’ system for organ donation is to be presented to parliament on Wednesday and it already has the backing of the health minister.
Nationalist MP Ivan Bartolo will present the amendment to Malta’s organ donation laws to the Speaker as a private member’s bill.
“Not only do I support the bill but I am also happy to second it,” Health Minister Jo Etienne Abela said.
If passed, the bill would see a major change to the system.
As it stands, people need to ‘opt in’ by registering to donate their organs for transplants after they die.
The bill proposes to reverse that so that anyone over 16 would be presumed to have given consent to donating their organs unless they had stated otherwise.
It is the second time the idea has been proposed, with a previous attempt in 2015 discarded after public consultation.
I would prefer it if my death means that I am saving someone else’s life.- Ivan Bartolo
Bartolo, who previously donated one of his kidneys to a stranger, said he believed an opt-out system can significantly cut down waiting lists for organ transplant operations.
“For me, I would prefer it if my death means that I am saving someone else’s life rather than being buried with my organs,” he said.
He said a strong authority would be needed to make sure donated organs are put to good use and that there is no abuse.
Bartolo also suggested there should be provisions to make sure the wishes of family members of the deceased would continue to be respected.
“Family members of a deceased person should still always have the last say on what happens to the body,” he added.
After the ‘bill to amend the act on the donation of organs, tissues and human cells’ is presented to the Speaker, it is up to the government to bring it to the House. It will then be debated in plenary and go to the committee before a final vote.
“I’m sure that between then and now, there would be consultation with stakeholders, debates and amendments that come as a result,” Bartolo said.
Cross-party support
A PN spokesperson said that the party supports the bill while the health minister said that a framework that actively encourages organ donation is needed to increase the number of donations.
According to the Health Care Standards Directorate, there were just over 27,000 registered organ donors in Malta in 2022.
“New legislation at minimum would increase awareness of the need for more organ donors,” he said. “An organ transplant can completely change someone’s life. With a cornea transplant, for example, a person can literally see again.”
Still, Malta’s cornea transplant rate is very low, he said.
The move comes years after the idea was first proposed and then discarded following a public consultation exercise in 2015 that found just 8% of respondents favoured some form of opt-out system.
Among those who opposed it were the Church, which said that organ donations should remain a free decision of the donors.
An increasing number of countries, including Spain, Singapore, Austria and Belgium, have adopted the system.