S.C.G.
Amendment Paper as at
Tuesday 27th January 2004
STANDING COMMITTEE G
New Amendments handed in are marked thus *
HUMAN TISSUE BILL
NOTE
The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee (26th January).
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE
The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Monday 26th January (Sessional Order C relating to Programming):
That—
(1) during proceedings on the Human Tissue Bill, the Standing Committee, in addition to its first sitting on Tuesday 27th January 2004 at 9.10 a.m., shall meet on that day at 2.30 p.m. and on Thursday 29th January, Tuesday 3rd February and Thursday 5th February at 9.10 a.m. and 2.30 p.m.;
(2) the Committee shall consider the Bill in the following order: Clause 1, Schedule 1, Clauses 2 to 10, Schedule 2, Clauses 11 to 13, Schedule 3, Clauses 14 to 35, Schedule 4, Clauses 36 to 46, Schedule 5, Clauses 47 to 50, Schedule 6, Clauses 51 to 57, New Clauses, New Schedules, Clause 58, Schedule 7, Clause 59, Schedule 8, Clauses 60 to 63 and remaining proceedings on the Bill;
(3) proceedings in the Committee on the Bill shall (so far as not previously concluded) be brought to a conclusion at 5 p.m. on Thursday 5th February 2004.
Ms Rosie Winterton has given notice of her intention to move a motion in the terms of the Resolution of the Programming Sub-Committee [Sessional Order c(9) relating to Programming].
Dr Richard Taylor
Dr Evan Harris
34
Clause 1, page 1, line 5, leave out 'appropriate consent' and insert 'consent from the appropriate person and, where applicable, consent appropriate for the intended purpose'.
Dr Evan Harris
57
Clause 1, page 1, line 11, after 'in', insert 'Part 1 of'.
Dr Evan Harris
58
Clause 1, page 1, line 15, leave out paragraph (e).
Dr Evan Harris
59
Clause 1, page 1, line 19, leave out paragraph (g).
Dr Evan Harris
60
Clause 1, page 1, line 21, leave out 'the purpose of anatomical examination' and insert 'any purpose specified in Schedule 1'.
Dr Evan Harris
62
Clause 1, page 1, line 21, leave out 'the purpose of anatomical examination' and insert 'any purpose specified in Part 1 of Schedule 1'.
Dr Richard Taylor
Dr Evan Harris
35
Clause 1, page 1, line 23, leave out 'appropriate consent' and insert 'consent from the appropriate person and, where applicable, consent appropriate for the intended purpose'.
Dr Evan Harris
61
Clause 1, page 2, line 7, leave out 'the purpose of anatomical examination' and insert 'any purpose specified in Schedule 1'.
Dr Evan Harris
63
Clause 1, page 2, line 7, leave out 'the purpose of anatomical examination' and insert 'any purpose specified in Part 1 of Schedule 1'.
Dr Richard Taylor
Dr Evan Harris
36
Clause 1, page 2, line 9, leave out 'appropriate consent' and insert 'consent from the appropriate person and, where applicable, consent appropriate for the intended purpose'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
16
Clause 1, page 2, line 14, at end insert '; or
| (iii) | the death has been lawfully recorded in accordance with the provisions of the country in which the deceased person died.'. |
Dr Richard Taylor
Dr Evan Harris
50
Clause 1, page 2, leave out lines 17 to 29 and insert 'a body or relevant material from a body if—
| (a) | the body or relevant material has been imported, or |
| (b) | it is the body of, or relevant material from, a person who died before the day on which this section comes into force and at least one hundred years have elapsed since the date of the person's death.'. |
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
17
Clause 1, page 2, leave out line 20.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
89
Clause 1, page 2, line 35, at end insert—
'(7A) "Storage for use" under subsection (1) includes storage for use for an intended purpose regardless of whether the purpose in question has been defined or is planned.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
18
Clause 1, page 2, line 37, leave out 'or omit'.
Dr Richard Taylor
53
Clause 1, page 2, line 42, at end add—
'(10) In this section and sections 7 and 9, "relevant material" means material, other than gametes, blood and cytological specimens, which consists of or includes human cells.'.
Dr Evan Harris
Dr Richard Taylor
48
Schedule 1, page 37, line 6, at end insert 'for purposes which may include—
(a) determining the cause of death,
(b) education or training which is inherent in anatomical examination,
(c) establishing after a person's death the efficacy of any drug or other treatment administered to him,
(e) public health monitoring, or
Dr Evan Harris
64
Schedule 1, page 37, line 6, at end insert 'other than for the purposes set out in paragraphs 2 to 5 and 7'.
Dr Evan Harris
Dr Richard Taylor
49
Schedule 1, page 37, line 7, at end insert 'otherwise than by anatomical examination'.
Dr Evan Harris
65
Schedule 1, page 37, line 12, leave out 'incidental to' and insert 'inherent in'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
92
Schedule 1, page 37, line 13, at end insert 'or conducted using residual tissue'.
Dr Evan Harris
67
Schedule 1, page 37, line 15, at end insert 'other than activity considered to be clinical audit'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
93
Schedule 1, page 37, line 21, at end insert 'other than such research conducted using residual tissue'.
Dr Evan Harris
77
Schedule 1, page 37, line 22, at beginning insert 'Organ or tissue donation for the purpose of'.
Dr Evan Harris
66
Schedule 1, page 37, line 26, leave out 'incidental to' and insert 'inherent in'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
94
Schedule 1, page 37, line 26, at end insert 'or using residual tissue'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
97
Schedule 1, page 37, line 27, at end insert 'and epidemiological research'.
Dr Evan Harris
82
Schedule 1, page 37, line 28, at end add—
'13 Research activities where relevant material is anonymised and untraceable.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
95
Schedule 1, page 37, line 28, at end add—
'13 Research in connection with disorders, or the functioning, of the human body using residual tissues'.
Dr Richard Taylor
Dr Evan Harris
37
Clause 2, page 3, line 2, leave out 'appropriate consent' and insert 'consent from the appropriate person'.
Dr Richard Taylor
Dr Evan Harris
38
Clause 2, page 3, line 5, leave out 'appropriate consent' and insert 'consent from the appropriate person'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
1
Clause 2, page 3, line 6, at end insert—
'(2A) "Consent" for the purposes of this section means consent sought in accordance with the standards expected in relation to the obtaining of consent laid down by the Authority under section 24.'.
Dr Evan Harris
75
Clause 2, page 3, line 6, at end insert—
'(2A) Where consent is given by a child under subsection (2), that consent shall represent "appropriate consent" in respect of the child upon reaching adulthood for the purposes of section 3 unless an indication is given to the contrary.'.
Dr Richard Taylor
Dr Evan Harris
39
Clause 2, page 3, line 14, leave out 'appropriate consent' and insert 'consent from the appropriate person'.
Dr Evan Harris
69
Clause 2, page 3, line 17, after 'examination', insert 'other than for the purposes of paragraphs 2 to 5 and 7 of Schedule 1'.
