British Government Moves to Pass Stalled Northern Ireland Organ Law After Brexit Fallout

Amendment to Westminster legislation will see ‘Dáithí’s Law’ come in to force as Stormont stalemate continues.

Six-year-old Daithi Mac Gabhann and his parents, father Mairtin Mac Gabhann (left) and mother Seph Ni Mheallain (right), at Parliament Buildings at Stormont on Feb. 14, 2023. The family visited Stormont ahead of a recalled sitting of the Assembly focused on a stalled organ donation law. The law introducing an opt-out donation system in Northern Ireland has been named after Daithi, who is awaiting a heart transplant.(PA Media)

The British government will move to pass a stalled organ donation law in Northern Ireland that was halted over post-Brexit political rows.

On Monday, Northern Ireland Secretary Chris Heaton-Harris confirmed he will table an amendment to scheduled legislation set to go through Parliament that would aim to incorporate the organ law.

Political stalemate over the Brexit trading arrangements had stopped the Organ and Tissue Donation (Deemed Consent) Act (Northern Ireland) 2022—known as “Dáithí’s Law”—from passing its final hurdle in the Assembly.

It changes the system of organ donation to an opt-out system whereby it would be considered that everyone would be willing to donate their organs unless they have formally opted out, or are exempt.

It is named after 6-year-old Belfast boy Dáithí MacGabhann, who has been waiting for a heart transplant for five years.

The child became the name and face of his parents’ successful campaign to increase the number of donors through a change in law.

Exceptional

Announcing the “exceptional” Westminster move, Mr. Heaton-Harris said: “I have been incredibly moved by Dáithí’s story and his family’s dedication.

“I know that the party leaders in Northern Ireland feel the same.

“In recognition of just how important this issue is, I have decided to bring forward an amendment to the Executive Formation Bill which will allow for the overdue legislation to be made by the NI Department of Health and see this change to the law become a reality.

“I would like to reiterate that, if the amendment is selected, the UK government’s intervention here is exceptional.”

He added: “Decisions such as these should be being taken by locally-elected decision-makers.

“I urge the parties to take the necessary steps to tackle all the other vitally important measures, just like this one, that they could deliver in Northern Ireland by simply agreeing to restore the institutions.”

The Northern Ireland Secretary personally phoned Dáithí MacGabhann’s father Mairtin on Sunday to make him aware of the development.

An undated photo of six-year-old Dáithí Mac Gabhann. Last year the Belfast schoolboy helped change Northern Ireland legislation on organ donation. However, the new law cannot be put in place due to an ongoing political impasse over the Northern Ireland Protocol. (Twitter/Donate4Daithi)

Pride

Speaking on BBC Radio Ulster on Monday, MacGabhann said his son had now “cemented a legacy.”

“To be honest, it’s very hard to put my emotions into words, it’s a very emotional day for us,” he said.

“It has been an incredibly hard few weeks, you know, with everything and Dáithí’s Law and Dáithí being in hospital and to get a phone call late last night from Chris Heaton-Harris, he said it was exceptional and it is exceptional and our Dáithí is exceptional.

“So we’re just elated to be honest. We can’t really believe it.”

He added: “It was just an incredible phone call. I think he probably has a sore ear this morning because I shouted down the phone at him.

“If he didn’t hear it down the phone he probably heard it from Belfast if he’s in London, it was that loud.”

MacGabhann said he was filled with pride for his son.

“He’s six years old and he’s cemented a legacy already,” he said.

“I’m just so proud to be his daddy.”

The six-year-old heart transplant patient’s plight had become a touchstone issue in political debate surrounding post-Brexit Northern Ireland.

Ongoing stalemate

Last week a bid to restore the Assembly to pass the law failed when the Democratic Unionist Party (DUP) once again exercised its veto to prevent the election of a speaker, meaning no further business—including the passing of Dáithí’s Law—could be conducted.

The region’s main unionist party is boycotting the powersharing institutions in protest at Brexit’s Northern Ireland Protocol.

Rival parties had attempted to ramp up the pressure on the DUP to end its boycott of devolution, but the unionist party blocked two further attempts to elect a speaker during last Tuesday’s sitting.

The DUP insisted said the regulations required to implement the opt-out donation system could instead be passed at Westminster in the continued absence of powersharing in Belfast.

The party says it will not return to operating devolution until decisive action is taken to remove the protocol’s economic barriers on trade between Great Britain and Northern Ireland.

Negotiations between the UK government and the EU to resolve differences over the protocol are continuing amid speculation a deal could be imminent.

The opt-out organ donation system was passed by MLAs last year, but the secondary legislation required to implement it cannot be approved in the Assembly due to the current political stalemate.

The DUP planned to introduce an amendment to the government’s Executive Formation Bill to facilitate the passing of the regulations.

However, Heaton-Harris has announced the government will now table its own amendment when the Bill is brought before the Commons on Wednesday.

PA contributed to this report.