Clause 5 - Prohibition of activities without consent etc.
Human Tissue Bill
4:00 pm
Dr Stephen Ladyman (Parliamentary Under-Secretary, Department of Health; South Thanet, Labour)
The pathologist would have a good defence by claiming that he had reasonable belief that consent had been obtained. It is my view that in those circumstances the clinician—especially if he were aware that consent had not been obtained when he gave that guidance—would be liable. I shall certainly undertake to reflect further on that point before Report, but those points are covered by the wording in the 1989 Act, and the Bill will sufficiently cover the hon. Gentleman's points. On that basis, I hope that he is prepared to withdraw the amendment.