Northern Ireland

Dáithi's law on organ donation to be approved by Westminster

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, 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. Picture date: Tuesday February 14, 2023.
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, ahead of a recalled sitting of the Assembly focused on a stalled organ donation law. The law intr 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, 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. Picture date: Tuesday February 14, 2023.

New laws on organ donation are to be passed in the north by the British government despite the ongoing political stalemate at Stormont.

Dáithi's Law, named after a six-year-old boy from Belfast in need of a heart transplant, will be included in a Westminster Bill in the coming days.

Last week, the DUP's refusal to nominate a Speaker at Stormont saw efforts to pass legislation fail.

Dáithi's family had said they would appeal directly to Secretary of State Chris Heaton-Harris following their hopes of Stormont passing the legislation being dashed.

"It's an extremely emotional day for our family after everything we have been through the past few weeks," Dáithí Mac Gabhann's father Máirtín told the BBC.

"We feel as though we have had to again move mountains to achieve this and we are very proud of ourselves and of Dáithí."

Mr Heaton-Harris said this morning: “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.

"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.”

Last week a bid to restore the Assembly to pass the law failed when the DUP once again exercised its veto to prevent the election of a speaker, meaning no further business 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 opt-out system would mean adults in Northern Ireland would be presumed to be donors, unless they take a decision to opt out. It is being implemented to increase donation rates in the region.

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

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

The Bill deals with the legislation required to extend a deadline for holding a fresh Assembly election in Northern Ireland.