No timeline can be provided for legislation that will make organ donation an opt-out system.

That is despite the legislation, entitled The Human Tissue and Organ Donation Act 2021, receiving Royal Assent in 2021.

Minister for the Cabinet Office, Kate Lord-Brennan, was asked when the law will be implemented, in the House of Keys this week.

She said: ‘The Human Tissue and Organ Donation Act 2021 was developed and promoted as a private member’s bill in the last parliamentary term, in the last House of Keys by Mr Martyn Perkins, MHK, following a campaign by organ donation Isle of Man in memory of Daniel Boyde.

‘The aim of the legislation is two-fold. To change the process for organ donation consent from an opt in system which is presently in place and which requires positive consent to an opt out system, which assumes consent in principle, unless people actively choose to opt out.’

The Cabinet Office is specified as the department in the legislation for reason of the role of Public Health.

Ms Lord-Brennan added: ‘It was recognised during the passage of the bill that extensive preparatory work, expert advice and importantly a robust regulatory mechanism would need to be developed before the human Tissue and Organ Donation Act 2021 could be implemented .

‘This means multiple pieces of secondary legislation, codes of practice and guidance are required in the act and this work is needed to secure a regulatory agreement with the UK human tissue authority to cover the inspection licencing and provision of advice and guidance due to the specialist nature of this legislation.

‘Alongside this, public awareness campaigns will be necessary in society for bringing in any opt out system.

‘There is a commitment to progress this work, and some of it is already underway. There’s also been budgetary commitment from the Cabinet Office to support next step work and it would appear that this will demand an annual budget requirements now each year, which will clearly be difficult but is committed to notwithstanding wider public health priorities.’

‘‘It is likely to be the case, and Cabinet Office has agreed to ongoing revenue funding of £45,000 per year that will be used to fund the ongoing inspection costs of Human Tissue Authority which could be £22,000 a year,’ she said.

She said that although this may be regarded as important legislation, there is no barrier to people choosing to donate organs now as it stands.

But Garff MHK said: ‘I’m somewhat concerned that the Cabinet Office has had three years since Royal Assent was granted and there has been so little progress on this.’