Clause 50 - Specimens taken from persons incapable of consenting
Police Reform Bill [Lords]
5:45 pm
Mr John Denham (Minister of State (Police, Courts and Drugs), Home Office; Southampton, Itchen, Labour)
Our intention is that if the practitioner who was responsible for the clinical care of the patient objected, it would not be fitting for another medical practitioner to say, none the less, ''I am overruling your judgment in this case.'' That could cause ethical problems. I do not believe that a sample would be taken under the Bill's provisions against the objections of the practitioner with clinical care. The intention behind the amendment has been addressed.
I do not have a copy of the specific BMA letter. I understood that the BMA was content with the Bill because we have held lengthy discussions with it about medical ethics. I give the hon. Gentleman an undertaking that I shall examine the matter again to decide whether it requires further clarification. I understand the distinction that he makes between a person with clinical care and a person to whom the request for a sample is addressed, but I am not sure that the problem that he raised exists. However, he has received representations that I have not, and in view of my understanding of the Bill, it might be better if I offer to examine the matter outside the Committee.