S.C.G.
Amendment Paper as at
Tuesday 3rd February 2004
STANDING COMMITTEE G
HUMAN TISSUE BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [27th January].
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
6
Schedule 2, page 38, line 13, at end insert—
(3) Subject to the requirements of sub-paragraph (2) above, the Secretary of State shall exercise his power to appoint members of the Authority to secure that the Authority will also consist of members who have relevant expertise in the activities to be regulated by the Authority.'.
Dr Evan Harris
148
Clause 11, page 8, line 34, at end insert 'including the provisions of section [removal of relevant material following death]'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
28
Clause 11, page 9, line 28, after 'for', insert 'the'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
29
Clause 11, page 9, line 30, leave out subsection (4).
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
30
Clause 11, page 9, line 30, leave out from 'order', to 'to' in line 31 and insert 'vary, omit or add'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
31
Clause 12, page 9, line 38, leave out from 'remit' to the end of line 39.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
5
Clause 12, page 10, line 11, at end add—
'(2) In the exercise of its functions, the Authority shall have regard to—
| (a) | the desirability of securing and maintaining public confidence in the processes for retention, storage and use of relevant material for scheduled purposes; |
| (b) | the desirability of securing the availability of relevant material for the scheduled purposes set out in Schedule 1; and |
| (c) | the desirability of securing that those engaged in the activities related to the scheduled purposes in Schedule 1 are enabled to do so while incurring the minimum necessary burdens of cost and compliance with regulation.'. |
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
Dr Evan Harris
156
Clause 13, page 10, line 27, at end insert 'normally requiring consent'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
32
Clause 13, page 10, line 32, leave out subsection (3).
Mr Andrew Lansley
Dr Andrew Morrison
Mr Mark Francois
83
Clause 13, page 10, line 35, after 'from', insert 'paragraphs (d) to (f)'.
Dr Evan Harris
147
Schedule 3, page 44, line 28, leave out 'decent' and insert 'safe and lawful'.
Dr Evan Harris
177
Clause 15, page 11, line 16, after 'on', insert 'to do all that is practicable'.
Mr Andrew Lansley
Dr Andrew Morrison
Mr Mark Francois
84
Clause 15, page 11, line 18, leave out paragraphs (a) and (b).
Mr Andrew Lansley
Dr Andrew Morrison
Mr Mark Francois
85
Clause 23, page 14, line 13, leave out 'may prepare' and insert 'shall prepare one or more'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
14
Clause 23, page 14, line 13, after 'prepare', insert 'or approve'.
Dr Richard Taylor
151A
Clause 23, page 14, line 14, after 'persons', insert 'requesting consent for and'.
Dr Evan Harris
143
Clause 23, page 14, line 22, leave out paragraph (d) and insert—
'(d) the definitions of death for the purposes of this Act, including a definition of death confirmed by brain stem tests for the purpose of section [determination of consent for removal, storage and use of organs from adults for purpose of transplantation];
(dd) the procedures to be followed in relation to brain stem tests for the purpose of confirming death;'.
Dr Evan Harris
76
Clause 23, page 14, line 22, leave out paragraph (d).
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
100
Clause 23, page 14, line 25, at end insert—
'(ff) the meaning and interpretation of consent under and for the purposes of section 1;'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
7
Clause 23, page 15, line 12, at end add—
'(7) In preparing a code of practice, the Authority shall have regard to any guidance published by the Better Regulation Task Force in relation to the best practice in conducting a consultation.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
101
Clause 24, page 15, line 15, after '(g)', insert—
'(aa) section 23(ff),'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
3
Clause 24, page 15, line 18, at end insert—
'(1A) The standards laid down under subsection (1) shall include provisions to secure that, wherever practicable, the consent for the retention of organs after death will specify those organs and not be subsumed within a general consent for tissues generally.'.
Mr Andrew Lansley
Dr Andrew Morrison
Mr Mark Francois
86
Clause 24, page 15, line 20, leave out '(8)' and insert '(8C)'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
99
Clause 24, page 15, line 23, at end insert—
'(3A) The standards required to be laid down by subsection (1) may include provision that the use of residual tissue not normally requiring consent for purposes under part 2 of Schedule 1 may require the approval of an appropriately constituted research ethics committee.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
91
Clause 24, page 15, line 24, after '(ii)', insert '3(2A)'.
Ms Rosie Winterton
108
Clause 24, page 15, line 28, at end insert—
| '( ) | grandparent or grandchild;'. |
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
11
Clause 24, page 15, line 28, at end insert—
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
102
Clause 24, page 15, line 28, at end insert—
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
21
Clause 24, page 15, line 38, leave out subsection (7) and insert—
'(7) If the relationship of each of two or more persons to the person concerned is accorded equal ranking in accordance with subsections (4) and (5), it will be necessary to obtain the consent of each of them if they are a spouse or partner, parent or child.
(7A) In relation to qualifying relationships in paragraphs (4)(c) to (g), if two or more persons concerned who are accorded equal ranking do not agree as to whether consent should be given, it will be sufficient to obtain the consent of one, if there are two, or the majority of them if there are three or more.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
19
Clause 24, page 15, line 40, after 'sufficient', insert ', except in relation to a spouse or partner,'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
20
Clause 24, page 15, line 40, at end insert—
'(7A) In relation to persons in a qualifying relationship under subsection (4)(a) or (b), it will be necessary to obtain the consent of each of them.'.
Mr Andrew Lansley
Dr Andrew Morrison
Mr Mark Francois
87
Clause 24, page 16, line 3, at end insert—
'(8A) The standards required to be laid down by subsection (1) shall include provision to secure that consent indicates for which scheduled purposes consent has been obtained.
(8B) The standards required to be laid down by subsection (1) may provide that residual tissue may be retained for scheduled purposes under paragraphs 3, 5 or 7 of Schedule 1 without consent or pursuant to a consent to treatment entered into by the person concerned.
(8C) The standards required to be laid down by subsection (1) may provide that consent for the scheduled purpose of transplantation may be given by means of an enduring consent.'.
Mr Andrew Lansley
Dr Andrew Morrison
Mr Mark Francois
88
Clause 24, page 16, line 3, at end insert—
'(8D) For the purposes of this Act—
"residual tissue" means relevant material obtained, in the course of, and consequent upon, a course of diagnosis or treatment, following consent of the person concerned to treatment; and
"enduring consent" means a consent given by the person concerned which is obtained prior to any treatment and which is not specific to the circumstances of any diagnosis or course of treatment of that person while he is alive, or to the circumstances of his death.'.
