Clause 12 - General functions
Human Tissue Bill
10:15 am
Ms Rosie Winterton (Minister of State, Department of Health; Doncaster Central, Labour)
We would certainly expect the Human Tissue Authority to maintain a statement of general principles as a matter of good corporate governance, as do other arm's-length bodies that are associated with the Department of Health. We would not wish the authority to act in a purely ad hoc way and make up its principles as it went along. We would also expect the authority to take on board current Government policy on arm's-length bodies when it takes up its functions.
Clause 12(a) requires the Human Tissue Authority to maintain a statement of principles in relation to the activities that it regulates, such as post-mortem practices, anatomical examination, tissue-banking, the use and disposal of tissue and so on. In that way the authority will be able to demonstrate the principles against which it expects activities to be carried out, so that consistency can be maintained in a transparent fashion and stakeholders can recognise the common threads that will run through the various codes and licensing requirements. There has been extensive discussion and agreement about that.
At the same time, clause 12 requires the Human Tissue Authority to maintain a set of principles against which it will operate. Declarations might be made, for example, about taking a consultative approach and about guidance being based on best practice. The amendment—and some Committee members—questions whether that is necessary. However, to remove the second element of clause 12(a) would be unfortunate. It is important that the authority be seen to operate consistently and fairly. It would be helpful to all concerned if the principle against which the authority should be tested were known. I understand the points that have been made. However, we feel that this is a useful, practical tool for people to be able to judge the authority against principles not only in theory, but in practice. I hope that the amendment will be withdrawn.