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"(aa) provide for such amendments to have effect also for the purposes of definitions in other enactments that operate by reference to this Act;"
Page 188, line 3, leave out lines 3 to 6 and insert—
""converted building" means a building or part of a building consisting of living accommodation in which one or more units of such accommodation have been created since the building or part was constructed;"
On Question, amendments agreed to.
3 Nov 2004 : Column 395
Clause 254 [Meaning of "lease", "tenancy", "occupier" and "owner" etc.]:
Lord Rooker moved Amendments Nos. 59 to 61:
Page 193, line 37, leave out "or sections 231 and 232" and insert "and has effect subject to any other provision defining "occupier" for any purposes of this Act"
On Question, amendments agreed to.
Clause 255 [Meaning of "person having control" and "person managing" etc.]:
Lord Rooker moved Amendment No. 62:
On Question, amendment agreed to.
Clause 262 [Short title, commencement and extent]:
Lord Rooker moved Amendment No. 64:
Page 196, line 30, after "214," insert "(Allocation of housing accommodation by local authorities),".
On Question, amendment agreed to.
Schedule 6 [Management orders: procedure and appeals]:
Lord Rooker moved Amendments Nos. 66 and 67:
"(a) the right"
Page 228, line 38, leave out "may" and insert "must"
On Question, amendments agreed to.
Schedule 7 [Further provisions regarding empty dwelling management orders]:
Lord Rooker moved Amendments Nos. 68 to 70:
"(2) But Part 2 of that Schedule so applies as if—
(a) references to the right of appeal under Part 3 of the Schedule and to paragraph 29(2) were to the right of appeal under Part 4 of this Schedule and to paragraph 31(2) of this Schedule, and
(b) paragraph 23(4) defined"
Page 245, leave out line 35 and insert—
"(2) But Part 2 of that Schedule so applies as if—
(a) references to the right of appeal under Part 3 of the Schedule and to paragraph 29(2) were to the right of appeal under Part 4 of this Schedule and to paragraph 31(2) of this Schedule, and
(b) paragraph 23(4) defined"
Page 252, line 22, leave out "may" and insert "must"
On Question, amendments agreed to.
Schedule 13 [Residential property tribunals: procedure]:
Lord Rooker moved Amendment No. 71:
On Question, amendment agreed to.
3 Nov 2004 : Column 396
Schedule 14 [Buildings which are not HMOs for purposes of this Act (excluding Part 1)]:
Lord Rooker moved Amendments Nos. 72 to 75:
"(2) In sub-paragraph (1)(e) "fire and rescue authority" means a fire and rescue authority under the Fire and Rescue Services Act 2004 (c. 21)."
Page 285, line 29, leave out "by" and insert "only by persons within the following paragraphs"
Page 285, line 33, leave out "and"
On Question, amendments agreed to.
Schedule 15 [Minor and consequential amendments]:
Lord Rooker moved Amendments Nos. 76 to 79:
Page 291, line 44, leave out "265(1) or (2) to make a demolition order" and insert "5 of the Housing Act 2004 to make a demolition order under section 265(1) or (2) of this Act"
Page 292, line 19, leave out from "which" to "approved" in line 21 and insert "imposes in relation to the whole of the dwelling, house in multiple occupation or building a prohibition on its use for all purposes other than any purpose"
Page 296, line 12, leave out from "which" to end of line 14 and insert "imposes in relation to the whole of any premises a prohibition on their use for all purposes other than any purpose approved by the authority.""
On Question, amendments agreed to.
Lord Rooker: My Lords, I beg to move that this Bill do now pass.
Moved, That the Bill do now pass.—(Lord Rooker.)
On Question, Bill passed, and returned to the Commons with amendments.
Human Tissue Bill
Clause 1 [Authorisation of activities for scheduled purposes]:
The Parliamentary Under-Secretary of State, Department of Health (Lord Warner) moved Amendment No. 1:
The noble Lord said: My Lords, I reflected with my colleagues on the debate on the opposition amendments agreed to last week on Report, which sought to allow use of residual tissue without consent for education and training in research. As I have said before, we are a listening Government, and I recognise that some powerful points were made in support of the proposition behind the amendments. I also recognise that the amendments had broad backing from all sides of the House. At the same time the Government were also aware that, as drafted, the amendments agreed to had a very mixed effect, and that the amended Bill was likely to cause confusion to clinicians and researchers in the field.
3 Nov 2004 : Column 397
Amendments to Clause 1 were agreed to that would allow use of residual human tissue for research education and training without consent, provided that the tissue was anonymised. Amendments were also made to Schedule 1 to allow use of residual tissue for research education and training without any consent or safeguards. Strangely, amendments made to Schedule 4, to allow use of tissue for DNA analysis in research, education and training without consent, would have the effect of requiring the tissue used for this purpose to be identifiable. Taken together, these amendments do not make sense and would have been unworkable.
Noble Lords will be pleased to hear that I am therefore now introducing amendments to remove those passed on 25 October and replace them with government amendments to achieve a similar but, I hope, more consistent and clear effect. The Government's amendments remove education and training in research techniques from Part 1 of Schedule 1, allowing that purpose to be subsumed within education and training in human health, so that it will be lawful to store and use tissue from the living for both those purposes without consent under Part 2 of Schedule 1. Amendments to Schedule 4 will similarly allow DNA analysis for education and training in research techniques without consent.
Noble Lords will notice that as a result of this, Part 2 of Schedule 1 does not now contain an explicit reference to education or training relating to research in connection with the disorders and functioning of the human body. That is because this activity is simply a sub-set of education or training relating to human health. It was necessary to single it out when the effect of the Bill was to include research training in Part 1 of the schedule alongside research itself, while the remainder of education or training relating to human health was in Part 2. However, now that we propose to include all education and training in Part 2 of the schedule, research training is simply re-absorbed into the general category of education or training relating to human health.
The two kinds of activity were mistakenly treated as needing separate references in paragraph 7 of Schedule 4, which deals with existing holdings of material for the purpose of DNA analysis, and so Amendment No. 26 corrects that. We chose this route to allowing education and training in research techniques without consent, rather than the alternative option among the opposition amendments of tissue anonymisation, for reasons of simplicity and clarity. Noble Lords spoke eloquently of the difficulty in distinguishing education and training in research from that required for clinical practice, so we considered it best to save further confusion by aligning the two. However, noble Lords should be in no doubt about the scope of this change to the Bill. It will not be a back door to research use of tissue without consent. It will not, for example, allow people to undertake research using tissue without consent, simply by involving a research trainee.
3 Nov 2004 : Column 398
The activities of training and education in research techniques are distinct from carrying out research. Research, as we pointed out earlier in our discussions on this Bill, is concerned with creating new knowledge by addressing clearly defined questions with systematic and rigorous methods. It is not about showing medical students or technical trainees how to operate research equipment and learn techniques such as the staining of tissue samples. Storing and using tissue for these last activities will fall into Part 2 of Schedule 1 and may be done without consent. Storing and using tissue for research itself will remain in Part 1 of Schedule 1, requiring consent or, alternatively, anonymisation and ethical approval for the project concerned, whether or not a research trainee is taking part.
I hope that all noble Lords will welcome these amendments which fully meet the concerns expressed during debate in this House, so that we can all join in supporting the Bill as it goes forward to its final stage. I beg to move.
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