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13 January 2011
Last updated at 03:25 ET
Welsh Secretary Cheryl Gillan has defended her handling of the assembly government's bid to bring in an opt-out organ donation system in Wales.
Health Minister Edwina Hart was informed of objections by the attorney general moments before she was due to address AMs.
She claims she had clear advice that the move was legal.
Mrs Gillan says she has ensured both the assembly and parliament have the opportunity to examine the bid.
The assembly government wants to bring in a soft opt-out system whereby people in Wales would need to indicate that they do not want their organs given for transplant when they die.
Supporters, including the Plaid Cymru AM and GP Dr Dai Lloyd, say it would help make more organs available for patients who need transplants.
Currently, one person in Wales dies every 11 days waiting for an organ to become available.
But before the proposed system of presumed consent can be put in place, the UK parliament must agree the details of the new powers, as part of a legislative competence order (LCO).
However, as Ms Hart prepared to report on the progress of the LCO on Wednesday, she was given details of objections from the Attorney General Dominic Grieve.
An assembly government source told BBC Wales the email containing the objections was sent from the Wales Office only 14 minutes before Mrs Hart was due to give her statement.
Concerns included whether the LCO was outside the devolved areas, and the practicalities of having a different system in Wales for organ donation to that in England.
Continue reading the main story “Start Quote
But Ms Hart said the assembly government's view was that the order was lawful.
Dr Lloyd, who was involved in the original LCO proposal, said organ donation had been at the forefront of discussions for the entire assembly term.
He said: "We've been through the question about ethics and the level of debate we have had here in Wales for years has been greater than that in England.
"There is overwhelming support for the notion of an opt-out system in Wales and perhaps people at the London end and our secretary of state don't realise just how big an issue this is and how much support it does have in Wales.
"As Welsh parliamentarians we should be pushing the agenda forward. We know that 90% of people are in favour of organ donation - let's make sure that favourability is represented in legislation."
Mrs Gillan said she had "worked closely" with assembly government ministers, including talks on Monday with the first minister, raising potential difficulties with the process.
"It is routine for the government to seek the view of the attorney general on all LCOs, and to obtain government agreement for LCOs to be submitted for pre-legislative scrutiny," she said.
She said they had reached this stage against a "very tight timetable" and it was now going for detailed scrutiny.
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Health Minister Edwina Hart was informed of objections by the attorney general moments before she was due to address AMs.
She claims she had clear advice that the move was legal.
Mrs Gillan says she has ensured both the assembly and parliament have the opportunity to examine the bid.
The assembly government wants to bring in a soft opt-out system whereby people in Wales would need to indicate that they do not want their organs given for transplant when they die.
Supporters, including the Plaid Cymru AM and GP Dr Dai Lloyd, say it would help make more organs available for patients who need transplants.
Currently, one person in Wales dies every 11 days waiting for an organ to become available.
But before the proposed system of presumed consent can be put in place, the UK parliament must agree the details of the new powers, as part of a legislative competence order (LCO).
However, as Ms Hart prepared to report on the progress of the LCO on Wednesday, she was given details of objections from the Attorney General Dominic Grieve.
An assembly government source told BBC Wales the email containing the objections was sent from the Wales Office only 14 minutes before Mrs Hart was due to give her statement.
Concerns included whether the LCO was outside the devolved areas, and the practicalities of having a different system in Wales for organ donation to that in England.
Continue reading the main story “Start Quote
There is overwhelming support for the notion of an opt-out system in Wales”
End Quote
Dr Dai Lloyd
Plaid Cymru
But Ms Hart said the assembly government's view was that the order was lawful.
Dr Lloyd, who was involved in the original LCO proposal, said organ donation had been at the forefront of discussions for the entire assembly term.
He said: "We've been through the question about ethics and the level of debate we have had here in Wales for years has been greater than that in England.
"There is overwhelming support for the notion of an opt-out system in Wales and perhaps people at the London end and our secretary of state don't realise just how big an issue this is and how much support it does have in Wales.
"As Welsh parliamentarians we should be pushing the agenda forward. We know that 90% of people are in favour of organ donation - let's make sure that favourability is represented in legislation."
Mrs Gillan said she had "worked closely" with assembly government ministers, including talks on Monday with the first minister, raising potential difficulties with the process.
"It is routine for the government to seek the view of the attorney general on all LCOs, and to obtain government agreement for LCOs to be submitted for pre-legislative scrutiny," she said.
She said they had reached this stage against a "very tight timetable" and it was now going for detailed scrutiny.
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