The consultation period on the organ donation White Paper issued by the government comes to an end today. The response and discussion generated nationally has been tremendous and very constructive. Individuals, NGOs, the ecclesiastical authorities, experts and donors, donor families and recipients have all contributed to a healthy and open dialogue.

The health and social affairs parliamentary committees have held joint meetings on the subject. More importantly, a consensus on the way forward appears to have emerged.

Over the last 37 years, Malta has developed a successful organ donation programme. The first corneal transplant – by the late ophthalmologist Richard Soler – took place in 1978. Since then, the programme, now offered mostly from Mater Dei Hospital, has grown and, last year, we performed 21 kidney transplants, 10 corneal and one heart transplant. This success has been possible due to the incredible generosity of hundreds of families and individuals and due to the vision, leadership and dedication of our medical profession. Society owes these people a lot of gratitude.

Now, however, we need to create the legal and regulatory framework to ensure that this success is maintained and safeguarded. New legislation needs to be based on two overriding considerations: the recognition of the generosity and altruism of Maltese society and the trust the public has in the medical profession. An Organ Donation Act needs to build on these two key principles.

The way forward we are proposing is this: the setting up of a national register for organ donors. Registration is to be voluntary and anyone who is 16 years old or older can indicate his/her wish to be an organ donor after death.

A person who does not wish to be a donor can also have this registered. In either case, the individual’s registered wish will be binding after death.

In the case of unregistered persons, the medical authorities will be given the faculty of asking family members for permission to harvest organs in the case of death.

We need to ensure that the allocation of organs will continue to happen in a transparent and just manner

The law will only consider beating heart donation.

The point of death will be clearly laid out as part of the legislation.

With regard to live donors, the main point of principle is to ensure that organ donation remains an act of generosity and is in no way commercialised. Organ donation for financial or material gain will not be allowed.

We need to ensure that the allocation of organs, both from live and from cadaveric donors, will continue to happen in a transparent and just manner.

Any future law also needs to look at organ trafficking. Currently, Maltese law prohibits the trafficking of persons with the scope of organ harvesting. However, the law does not yet ban organ trafficking per se. With the new legislation, organ and tissue trafficking will become a criminal offence.

The new legislation will give added impetus to the transplant programme. The sterling work carried out by the medical and nursing professionals needs to be fully supported. Transplant coordinators who set up, organise and streamline the process are important members of the transplant team.

Similarly, psychological support and counselling to live donors, donor families and recipients are a must.

The setting up and maintenance of the organ donor register by the relevant authority – under the guidance of the Superintendent of Public Health – is key to the success of the implementation of any proposed legislation. New and developing best clinical practices must be studied and, where appropriate, incorporated into the local programme.

Malta has one of the highest organ donation rates in Europe. As we regulate organ and tissue donation and transplantation we need to ensure that the framework created maintains this high rate.

Every organ transplant carried out is a new lease of life. The skill of our transplant surgeons and physicians, the altruism of the Maltese public, the trust in the medical profession allow us to build on this story of success.

Chris Fearne is Parliamentary Secretary for Health.