According to a plan announced yesterday by the Welsh assembly, organs could be taken from all deceased people in Wales without the consent of their families unless their families object.

According to an estimate 30 people died in Wales every year waiting for organ transplants.

Chief medical officer for England and Wales, Liam Donaldson’s statement saying that many people were dying because of the shortage of donations, initiated the move.

Welsh minister for health and social services Edwina Hart will initiate moves with Westminster to introduce the system in 2010.

The Human Tissue Act 2006 states that people must give written consent before their organs can be taken after death, but families of four out of 10 people do not support this move.

Donaldson while criticizing the 2008 taskforce for its refusal to support the mandatory removal of organs disagreed that presumed consent would not increase organ donations.

The Conservatives have however criticized the announcement.

Jonathan Morgan said, "I think it is preferable for someone to want to opt-in to something than for the government to presume you have no objection because you have not opposed it."

A charity's chairman, Roy J Thomas said, "Only 28 per cent people are registered with the NHS organ donor but we know that there would be many who would like to donate their organs.”

Ministers want 'soft' opt-out for organ donation 

This would class everyone in Wales as a donor, apart from those who have opted out or whose close relatives object.

Health Minister Edwina Hart, who has argued for presumed consent as a way to increase the number of organs available for transplants, announced the findings of a public consultation.

She said the Cabinet had agreed to explore the possibility of the compromise system.

The Assembly Government will have to complete the long process of drawing down law-making powers from Westminster before it can be introduced.

An inquiry by AMs on the Health, Wellbeing and Local Government Committee last year ruled out presumed consent, saying considerations in future should concentrate on a soft system that took into account the views of loved ones.

In a written statement, Mrs Hart said: "I have made clear that I am personally in favour of presumed consent as a way of increasing organ donation.

"However, I recognise that this is a sensitive and emotive subject. That is why I have wanted to spend time ensuring we gauged people's views before coming to a conclusion."

Most responses to the consultation supported changing to a soft opt-out system, she said.

A bid for a legislative competence order (LCO), a means of transferring powers from Westminster to the Assembly, will be submitted to the annual trawl for legislation.

"This will take time to achieve so we must continue to do all we can to raise awareness of this issue and encourage people to sign up to the organ donation register," Mrs Hart added.

Health professionals consult the relatives of people on the organ donor register under the current system. The UK refusal rate is around 40 per cent.

The Assembly Government has funded a campaign, led by the Kidney Wales Foundation, to encourage people to join the register. Between 2007-08 and 2008-09, 60,000 people signed up, taking the total to 810,000.

The charity said someone died waiting for a transplant in Wales every 11 days.

Kidney Wales Foundation chairman Roy Thomas said: "This decision by the minister will break new ground in the UK.

"Many other countries in Europe operate a system of opt-out, and it is a large part of why they have far higher organ donation rates.

"Recent polling conducted exclusively for Kidney Wales shows that the public support this measure two to one. We hope the rest of the UK will now follow the lead that Wales has given."

Welsh Liberal Democrat health spokesman Peter Black said: "Wales will be the first part of the UK to introduce such a system and shows a real lead in progressive thinking coming from the National Assembly for Wales.

"However, it is a long process and the governments in both Cardiff and Westminster must progress this bid for powers as quickly as possible."

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