Clause 3 - ''Appropriate consent'': adults
Human Tissue Bill
2:30 pm
Dr Evan Harris (Oxford West and Abingdon, Liberal Democrat)
When we adjourned, I was explaining why I think that there is some merit in including further purposes in paragraphs 3 and 5 to enable those who lack capacity to participate in research. If one relies only on best interest, it is difficult to argue that material from such people can be used, because it is harder to prove that that would be in their best interest. The test of whether it is not contrary to their best interest is more valid.
I was about explain briefly that patients with a ruptured aneurysm in their head are usually, but not always, in a pretty bad way and unconscious, and may proceed to acute surgery when samples may be taken. Those samples might be useful for research on the cause and treatment of, as well as the inflammatory response to, such aneurysms.
It is not clear whether such tissue may be stored for the purposes of research to await any recovery of the patient. Sadly, people with such a serious condition sometimes do not recover and there may be a particular interest in looking at the material for research purposes rather than for treatment or diagnosis in such cases. It is likely, but not certain, that there may eventually be benefits for similar patients.
I could give other examples involving more chronic incapacity—it would be sad if the Bill failed to take account of that. The Government may intend to amend the Bill through other legislation covering incapacity. The hon. Member for South
Cambridgeshire (Mr. Lansley) and I may find that satisfactory, but it should be clarified.
My amendment (b) would clarify amendment No. 90. It proposes words that are a little less specific than ''would benefit persons''—we are in the realms of future research—and would to change them to
''might benefit persons with the same or similar conditions''.
It is not against the interests of an incapacitated person for their tissue, with appropriate consent from an appropriate person, to be subject to research when there is a chance, although not a certainty, that that might benefit people with the same or similar conditions.
The same extension could be made for education and training, because it will be difficult to obtain material for clinicians' education and training, which will aid future treatment and cures, if samples from such patients are never available for the purposes of paragraph 3 of schedule 1. I wait with interest to hear the Minister's response.