S.C.G.
Amendment Paper as at
Thursday 5th February 2004
STANDING COMMITTEE G
HUMAN TISSUE BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [27th January].
Dr Richard Taylor
Dr Evan Harris
56
Clause 30, page 20, line 41, leave out from 'shall' to end of line 45 and add—
| '(a) | set out the circumstances in which decisions of the Authority in relation to matters which fall to be decided by it under the regulations shall be subject to reconsideration, and |
| (b) | prescribe the procedure to be followed for such reconsideration.'. |
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
129
Clause 33, page 23, line 6, leave out subsection (3).
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
130
Clause 35, page 24, line 6, after 'blood', insert 'blood precursors'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
15
Schedule 4, page 49, line 38, at end insert—
'(3) Subject to sub-paragraph (2) above, the Authority shall exercise its power to appoint at least one member of the Board whom it believes to be representative of the interests of the Royal College of Pathologists.'.
Dr Andrew Murrison
Mr Andrew Lansley
Mr Mark Francois
182
Clause 41, page 26, line 21, after second 'of', insert 'committal or'.
Dr Andrew Murrison
Mr Andrew Lansley
Mr Mark Francois
183
Clause 41, page 26, line 31, at end insert 'or the ceremony associated with committal'.
Dr Evan Harris
124
Clause 44, page 27, line 41, leave out from beginning to 'has' and insert 'appropriate consent for the use of the relevant part for the purpose of transplantation in accordance with the provisions of Part 1'.
Dr Evan Harris
125
Clause 44, page 27, line 41, leave out 'consent' and insert 'permission'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
9
Clause 45, page 28, line 17, at end insert—
'(3A) Insofar as it would be impracticable to obtain appropriate consent in relation to material to which subsections (2) or (3) apply, it will not be unlawful to make such material available for scheduled purposes.'.
Dr Evan Harris
127
Clause 45, page 28, line 17, at end insert—
'(3A) Subsections (2) and (3) shall continue to apply after the person from whose body the material has been removed has died.'.
Dr Evan Harris
126
Clause 45, page 28, line 18, leave out subsection (4).
Mr Andrew Lansley
184
Clause 46, page 28, line 22, leave out paragraph (a) and insert—
| '(a) | he analyses or procures the analysis of any human DNA in any bodily material without qualifying consent intending— |
| (i) | that the person from whose body the DNA has come be identified as such, and |
| (ii) | that the results of the analysis be used otherwise than for the excepted purposes (see section 47), |
| | unless he reasonably believes that he does the activity with qualifying consent or that what he does is not an activity to which this subsection applies,'. |
Dr Evan Harris
179
Clause 46, page 28, line 22, after 'material', insert 'not covered under section 7'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
131
Clause 46, page 28, line 23, after 'DNA', insert 'or RNA'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
98
Clause 46, page 28, line 23, after 'material', insert 'or derived from that material'.
Ms Rosie Winterton
157
Clause 46, page 28, line 25, leave out 'excepted purposes (see section 47)' and insert 'an excepted purpose'.
Ms Rosie Winterton
158
Clause 46, page 28, line 32, after 'death,' insert —
| '( ) | it is an existing holding and the person who has it is not in possession, and not likely to come into possession, of information from which the individual from whose body the material has come can be identified,'. |
Mr Andrew Lansley
187
Clause 46, page 28, line 33, at end insert ', or
| (c) | it has been imported or come from a body which has been imported.'. |
Ms Rosie Winterton
159
Clause 46, page 29, line 1, leave out from 'Schedule' to 'has' in line 2 and insert '(Section 46: Supplementary) (which makes provision for the interpretation of "qualifying consent" and "use for an excepted purpose" in subsection (1)(a))'.
Ms Rosie Winterton
160
Clause 46, page 29, line 3, after 'section', insert '(and Schedule (Section 46: Supplementary))'.
Ms Rosie Winterton
161
Clause 46, page 29, line 5, at end add—
'"existing holding" means bodily material held immediately before the day on which this section comes into force.'.
Mr Andrew Lansley
188
Clause 46, page 29, line 5, at end add—
'(6) In this section, references to bodily material which has been imported do not include bodily material which has been imported after having been exported with a view to its subsequently being re-imported.'.
Mr Andrew Lansley
186
Schedule 5, page 54, line 8, at end insert—
| '(1A) | The analysis shall be regarded as being the subject of qualifying consent if the analysis of DNA for the listed purpose would be authorised under section 1(1) if the analysis were done in England, Wales or Northern Ireland.'. |
Ms Rosie Winterton
176
Page 52, line 8, leave out Schedule 5.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
132
Clause 47, page 29, line 10, at end insert 'and RNA'.
Mr Andrew Lansley
185
Clause 47, page 29, line 19, at end insert—
| '(g) | in England, Wales and Northern Ireland, purposes specified in sections 1(1)(f) and 1(1)(g).'. |
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
133
Clause 47, page 29, line 21, at end insert 'providing the material is anonymised'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
96
Clause 47, page 29, line 26, at end insert—
'(e) purposes of research in connection with disorders, or the functioning, of the human body using residual tissues.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
134
Clause 47, page 30, line 3, leave out subsection (7).
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
135
Clause 47, page 30, line 6, leave out from '(2)' to end of line 7.
Ms Rosie Winterton
162
Page 29, line 6, leave out Clause 47.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
136
Page 30, line 8, leave out Clause 48.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Mark Francois
128
Clause 49, page 31, line 4, leave out subsection (5) and insert—
'(5) Schedule [consequential amendments relating to de-accession] shall have effect.'.
Ms Rosie Winterton
163
Clause 54, page 32, line 11, leave out '47(7),'.
Ms Rosie Winterton
164
Clause 54, page 32, line 12, after '56(10)' insert 'and paragraph 10 of Schedule (Section 46: Supplementary)'.
Ms Rosie Winterton
165
Clause 54, page 32, line 14, leave out ', 47(7)'.
Ms Rosie Winterton
166
Clause 54, page 32, line 14, after '56(10)' insert 'or paragraph 10 of Schedule (Schedule 46: Supplementary)'.
Ms Rosie Winterton
180
Clause 54, page 32, leave out line 41.
Ms Rosie Winterton
181
Clause 54, page 32, line 43, at end insert—
'paragraph 10 of Schedule (Section 46: Supplementary);'.
Ms Rosie Winterton
167
Clause 54, page 33, line 1, leave out '47(7)' and insert '56(10) in order to amend section 56(9) so far as having effect for the purposes of Schedule (Section 46: Supplementary), or under paragraph 10 of Schedule (Section 46: Supplementary)'.
