Clause 2 - ''Appropriate consent'': children
Human Tissue Bill
9:10 am
Dr Evan Harris (Oxford West and Abingdon, Liberal Democrat)
I thank the hon. Member for South Cambridgeshire (Mr. Lansley) for providing a
valuable service in drawing out the fact that there is a difference between tissues and organs. There is no doubt about that, and people may be misled by the use of the term ''tissues'' where ''organs'' are what is really meant. The current provisions are not acceptable, so I have a great deal of sympathy for the amendments.
My question is whether amendments Nos. 3 and 4 are the best way to deal with the issue. If the amendments were accepted, they would limit the ability of the HTA to come up with its own definitions after wide consultation and deliberation on how best to make it clear that consent should deal with the stated purposes in relation to the range of tissues and organs. There should not be anything misleading, and the danger is that, by specifying that in amendment No. 3, and then defining ''organs'' in the way that amendment No. 4 does, the issue would be closed down when there may be a better way of dealing with it.
I am not certain whether I subscribe to this view, but there is concern that a list of organs that might be retained might be extensive. That could be distressing, even for a family who has no objection to the retention of those organs. It might be argued that a balance has to be found, but I am not necessarily sure that I take that view. I have argued in favour of being much more explicit with patients—even at the risk of upsetting a minority—because of the dangers of being too paternalistic and seeking to protect feelings. Before the issue is decided in statute, it might need more consideration.