Vote Bundle Text (940129-04)

Amendments proposed to the Human Tissue Bill - continued	House of Commons

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Dr Evan Harris

Clause 55, page 33, line 8, leave out 'hair and'.

Dr Evan Harris

Clause 56, page 33, leave out lines 12 to 15.

Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois

137

Clause 56, page 33, line 15, at end insert 'of gross and microscopic specimens'.

Dr Evan Harris

Clause 56, page 33, line 29, leave out subsection (2).

Dr Evan Harris

146

Clause 56, page 33, line 41, leave out 'decent' and insert 'safe and lawful'.

Ms Rosie Winterton

109

Clause 56, page 33, line 42, at end insert—

'( ) In this Act, references to public display, in relation to the body of a deceased person, do not include—

(a)	display for the purpose of enabling people to pay their final respects to the deceased, or

(b)	display which is incidental to the deceased's funeral.'

Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois

Clause 56, page 34, line 7, at end insert—

'(8A) Subsection (8) does not apply in relation to any person to whom paragraphs (b) to (f) of subsection (4) of section 24 applies.'.

Ms Rosie Winterton

110

Clause 56, page 34, line 9, after first 'sister,' insert 'grandparent, grandchild,'.

Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois

Clause 56, page 34, line 9, after first 'sister', insert 'grandparent'.

Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois

103

Clause 56, page 34, line 9, after first 'sister', insert 'grandchild'.

NEW CLAUSES

Consent appropriate for the intended purpose

Dr Richard Taylor

NC1

To move the following Clause:—

'(1) This section makes provision for the interpretation of "consent appropriate for the intended purpose" in section 1 in relation to activities specified in this section.

(2) Where the person concerned has died, in giving consent for the purpose of anatomical examination to determine the cause of death, consent appropriate for the intended purpose shall specify whether or not consent is given for the retention of tissue for research and teaching.

(3) Where the person concerned is alive, in giving consent for the purpose of medical treatment, consent appropriate for the intended purpose shall specify whether or not consent is given for the use of any tissue removed for education and research.'.

Consent appropriate for the intended purpose (No. 2)

Dr Evan Harris

NC2

To move the following Clause:—

'(1) This section makes provision for the interpretation of "consent appropriate for the intended purpose" in section 1 in relation to activities specified in this section.

(2) Where the person concerned has died, consent appropriate for the intended purpose shall specify whether or not consent is given for each of the purposes specified in Part 1 of Schedule 1.

(3) Where the person concerned is alive, consent appropriate for the intended purpose shall specify whether or not consent is given for each of the purposes specified in paragraphs 1 and 3 to 8 of Schedule 1.'.

Determination of consent for removal, storage and use of organs from adults for purpose of transplantation

Dr Evan Harris

NC3

To move the following Clause:—

'(1) Where part of a body of an adult lying in a hospital or other institution is or may be suitable for use for transplantation, it shall be the duty of the person having the control and management of the institution to ensure that, before any organ is removed from the body, each of the conditions specified in subsection (2) is met.

(2) Those conditions are—

(a)	that the deceased was, immediately before he died, ordinarily resident in England, Wales or Northern Ireland;

(b)	that, where the person to whom the duty under subsection (1) applies knows, or has reason to believe, that—

(i)	the body of the deceased person, or

(ii)	relevant material which has come from the body of a deceased person,

is, or may be, required for purposes of functions of a coroner, the consent of the coroner has been obtained;

(c)

that the deceased had not opted to make his organs, or the relevant organ, unavailable for removal for the purpose of transplantation and recorded that view in the register maintained in accordance with the provisions of section [register of persons opting to make organs unavailable for removal for purpose of transplantation]; and

(d)	that no person with a right to signify an objection under the provisions of section [duties in relation to persons who stood in a qualifying relationship] has done so.

(3) Where each condition in subsection (2) is met, consent shall have been determined for—

(a)	the removal of organs, or the relevant organ, for the purpose of transplantation, and

(b)	for the subsequent storage for use, and use, of such organs for the purpose of transplantation.

(4) Where a body is transferred to another institution prior to the removal of any organ, the duty under subsection (1) shall also be transferred to the person having the control and management of the institution to which the body has been transferred.

(5) In dealing under section 23(1) with the matters mentioned in this section and sections [register of persons opting to make organs unavailable for removal for purpose of transplantation] and [duties in relation to persons who stood in a qualifying relationship], the Authority shall, in particular, lay down the standards expected in relation to the performance of the duty imposed by subsection (1).

(6) In this section and sections [register of persons opting to make organs unavailable for removal for purpose of transplantation] and [duties in relation to persons who stood in a qualifying relationship]—

"death" has the meaning given in accordance with the provisions of section 23(2)(d); and

"organ" means any part of a human body consisting of a structured arrangement of tissues which, if wholly removed, cannot be replicated by the body.'.

Register of persons opting to make organs unavailable for removal for purpose of transplantation

Dr Evan Harris

NC4

To move the following Clause:—

'(1) It shall be the duty of the Authority to maintain a register of persons opting to make all their organs, or specified organs, unavailable for removal for the purpose of transplantation.

(2) Any person who opts to make all his organs, or specified organs, unavailable for removal for the purpose of tranplantation may inform the Authority in a prescribed manner.

(3) Any person who has informed the Authority of his decision under subsection (2) but then opts to make all his organs, or specified organs, available for removal for the purpose of transplantation may inform the Authority in a prescribed manner.

(4) Upon receipt of information in accordance with subsection (2) or (3) the Authority shall—

(a)	confirm to the relevant person in writing that the information has been received, and

(b)	ensure that—

(i)	an appropriate entry is made in, or removed from, the register, or

(ii)	the appropriate entry is amended.

(5) The Secretary of State may by regulations prescribe the ways in which an adult may provide information to the Authority for the purposes of this section, including opportunities to provide such information when a person is—

(a)	applying for a driving licence,

(b)	making an application for a passport, or

(c)	providing information relating to the register of parliamentary or local government electors.

(6) The Authority shall take such steps as it considers appropriate to promote public awareness of the register and of the means by which a person may make an entry in the register.

(7) Where the Authority is satisfied that—

(a)	a person in relation to whom information is held on the register has died, and

(b)	a period of one month has elapsed since his death,

the Authority may remove the entry in respect of that person from the register.

(8) Information held by the Authority in accordance with the provisions of this section may only be made available to—

(a)	the person in respect of whom the information is held, and

(b)	a person to whom the duty under section [determination of consent for removal, storage and use of organs from adults for purpose of transplantation] applies.

(9) A person commits an offence if he—

(a)	makes information held by the Authority in accordance with the provisions of this section available other than to the persons specified in subsection (8),

(b)	does anything which causes an entry—

(i)	not to be made in the register after the Authority has been informed in a prescribed manner,

(ii)	to be removed without due authorisation, or

(iii)

to be false or incomplete.

(10) A person guilty of an offence under subsection (9) shall be liable to—

(a)	imprisonment for a term not exceeding 12 months, or

(b)	a fine not exceeding the statutory maximum, or

(c)

both.'.

Duties in relation to persons who stood in a qualifying relationship

Dr Evan Harris

NC5

To move the following Clause:—

'(1) It shall be the duty of the person to whom the duty under section [determination of consent for removal, storage and use of organs from adults for purpose of transplantation] applies to—

(a)	inform the person or persons who stood in a qualifying relationship to the deceased immediately before the death of the deceased of his rights under this section, and

(b)	to provide him or them with an opportunity to exercise those rights.

(2) Those rights are—

(a)	to be informed about the operation of relevant provisions of this Act, and

(b)	to signify an objection to the removal of a relevant organ for a reason specified in subsections (3) to (5).

(3) The reason specified in this subsection is that the deceased person had expressed his wish to make all his organs, or a relevant organ, unavailable for removal for the purpose of transplantation even though he had not informed the Authority for the purpose of the making of an entry in the register.

(4) The reason specified in this subsection is that—

(a)	the deceased person had expressed his wish to make all his organs, or a relevant organ, unavailable for removal for the purpose of transplantation, and

(b)	he had informed the Authority accordingly, but

(c)	a relevant entry had not been made in the register.

(5) The reason specified in this subsection is that the removal of a relevant organ for the purpose of transplantation would cause significant distress to any person who stood in a qualifying relationship to the deceased immediately before his death.

(6) The qualifying relationships for the purposes of this section are—

(a)	spouse or partner;

(b)	parent or child;

(c)	brother or sister.

(7) The qualifying relationships shall be ranked in the order given in subsection (6) for the purposes of subsection (1).

(8) Relationships in the same paragraph of subsection (6) shall be accorded equal ranking for those purposes.

(9) The duty under subsection (1) shall apply in relation to the person or persons whose relationship to the person who has died is accorded the highest ranking in accordance with subsections (6) to (8).

(10) If two or more persons are accorded equal ranking in accordance with subsections (6) to (8), the duty under subsection (1) shall apply to all of the persons accorded that ranking.

(11) In applying the principles set out above for the purposes of subsection (1), a person's relationship shall be left out of account if—

(a)	he does not wish to exercise his rights under this section,

(b)	he is not able to exercise those rights, or

(c)	it is not reasonably practicable to communicate with him within the time available before the organ or organs must be removed.'.