Transplant boy's family would take legal action over law delay

Video caption, 'Quit the political games of football'
  • Author, Jayne McCormack
  • Role, 大象传媒 News NI political correspondent

The parents of a boy waiting for a heart transplant say they are willing to take legal action over delays to organ donation law in Northern Ireland.

D谩ith铆's Law, named after six-year-old D谩ith铆 MacGabhann, will introduce an opt-out system which means people will automatically become donors unless they state otherwise.

Due to come in in the spring, it has been held up by the Stormont stalemate.

The family has urged the NI secretary of state to intervene.

D谩ith铆's father M谩irt铆n, who met Chris Heaton-Harris earlier on Wednesday, said he was "very disappointed and very angry" after the meeting.

"D谩ith铆's Law's passed, it's the secondary legislation, it's the box-ticking, it's the crossing the Ts and dotting the Is of D谩ith铆's Law's and what that legislation is," D谩ith铆's father said.

"D谩ith铆's Law deserves to have a go-live date in spring as planned and after the meeting today it looks like we're not getting that."

'Don't have time to waste'

Mr MacGabhann told 大象传媒 Radio Ulster's Evening Extra that he has been offered a meeting with Democratic Unionist Party (DUP) leader Sir Jeffrey Donaldson to discuss the issue on Friday.

Stormont has been without a functioning government for 11 months as the DUP is blocking the formation over its opposition to the Northern Ireland Protocol.

Northern Ireland is the only part of the UK where an opt-out system is not yet in place.

"We don't have time to waste. We will explore other options," Mr MacGabhann said.

Image caption, Six-year-old D谩ith铆 is waiting for a heart transplant

D谩ith铆's family have long campaigned for a change in the law.

Mr MacGabhann added: "We were at the funeral of a young boy last week who died of the same condition as D谩ith铆 - time is not on our side, we don't have the time.

"That is what the secretary of state basically said, that it will take too much time if it was to go through him."

大象传媒 News NI understands that Mr Heaton-Harris has written to party leaders saying he has asked officials to explore "possible avenues" to progress the issue, if the assembly fails to do so.

'Ready to be introduced'

The delay in enacting the law relates to extra legislation, which must be passed by Stormont.

In a communication seen by 大象传媒 News NI, the Department of Health said that "secondary legislation is required to clarify which organs and tissues are covered" under the opt-out system.

It states that legislation has been "prepared and is ready to be introduced" in the assembly, but the ongoing political deadlock means that cannot happen yet.