The society, commenting ahead of the Scottish Parliament debate on proposals to move to an “opt-out” system for organ donation, has called for greater public awareness and guidance on the consequences of such a scheme.

Alison Britton, convener of the Law Society of Scotland’s Health and Medical Law Sub-Committee, said: “The legislation would bring radical change to the legal basis on which organs can be used for transplantation and has the potential to affect the entire Scottish population.

“It is important to be as transparent as possible to engage the public, and those working within the healthcare sector, on the proposed changes outlined in the bill.”

In its response, the Law Society has said that the role of the family will be crucial in the success of the proposed opt-out organ donation system.

Ms Britton added: “Currently, the wishes of the family are considered, but this has developed through custom and practice, rather than by legislation. The new proposals do not place a duty on healthcare professionals to find out the wishes of the family, but instead to determine the family’s knowledge of the potential donor’s wishes.

“In practical terms, it would be difficult to proceed against the wishes of the family, and specific guidance should be published for families and healthcare professionals on the consequences of a soft opt-out scheme.”

The Law Society has also called for further clarity on what will happen to those who are currently registered as an organ donor in Scotland, and for a post-legislative review of the bill after five years.

To read the full response please visit the Law Society of Scotland’s website.