Clause 3 - ''Appropriate consent'': adults
Human Tissue Bill
2:30 pm
Ms Rosie Winterton (Minister of State, Department of Health; Doncaster Central, Labour)
I understand the contributions of the hon. Member for South Cambridgeshire, my hon. Friend the Member for Leyton and Wanstead (Harry Cohen)—he made valid comments not only about people with mental incapacity, but about people with mental illness—and the hon. Member for Oxford, West and Abingdon (Dr. Harris).
Perhaps I may say first to my hon. Friend that it is important to be clear that people may have a mental illness, without losing capacity, but be able to make decisions. We are looking particularly at the issue of people who are mentally incapacitated and we must distinguish between the two.
Under common law, nobody can consent to medical procedures on behalf of a mentally incompetent adult, although treatment can be carried out if it is necessary and in the person's best interests. A person without capacity to give consent will not be able to provide the necessary consent for the use of their material for the purposes listed in the Bill, including research. When such a person dies, their relatives will be able to consent to their body, or material from it, being used.
The Mental Incapacity Bill covers questions of consent on behalf of incapacitated persons. The Bill has recently undergone pre-legislative scrutiny, and we will consider any changes that have to be made to the common law position. If changes have to be made to this Bill as a result, they will be made through the relevant channel.