Clause 7 - Existing holdings
Human Tissue Bill
4:15 pm
Dr Stephen Ladyman (Parliamentary Under-Secretary, Department of Health; South Thanet, Labour)
I beg to move amendment No. 33, in
clause 7, page 7, line 7, at end insert—
'( ) Section 5(1) shall have effect as if the activities mentioned in subsection (1) were not activities to which section 1(1) applies.'.
The amendment corrects a drafting error in clause 7, proving that, very occasionally, even the Government make mistakes. The effect of clause 7, as drafted, is that it would be an offence under clause 5(1) to use existing holdings without appropriate consent. Clause 7(1) provides that clause 1(1) applies to existing holdings without the requirement for appropriate consent. That means that it is lawful to use existing holdings for scheduled purposes without needing to go back and obtain consent.
Clause 5, however, makes it an offence to undertake the activities to which clause 1(1) applies without obtaining appropriate consent. Such activities include storing and using relevant material for scheduled purposes. Clearly, the intention of clause 7 would be defeated if clause 5 made it an offence to continue to store and use existing holdings without appropriate consent. So, the amendment corrects that by providing that clause 5(1) is to be read as though the storage and use of existing holdings were not activities to which clause 1(1) applies. I hope that that is clear to all hon. Members and that they will accept the Government's amendment.
Amendment agreed to.