Clause 11 - remit
Human Tissue Bill
10:15 am
Ms Rosie Winterton (Minister of State, Department of Health; Doncaster Central, Labour)
In drawing up the Bill, it was vital to ensure a comprehensive framework so that all sections and interest groups—everyone who contributed to our wide consultation—felt that all aspects were covered. I understand the hon. Gentleman's point, but it is important for the integrity of the Bill that the remit of the authority remains comprehensive in terms of its job regarding the oversight of the keeping, use and disposal of bodies. It would not be right to have the ability to remove aspects of that remit from the Bill. The public and those who had an interest in helping us to put together this important Bill would not want an ability to remove anything from the list of functions. That might undermine confidence in the Bill.
Over and above that, as the hon. Member for South Cambridgeshire said, we have already highlighted that there is something that we might wish to add to the Bill. I will not go over that again, because I think that he completely understands that point. The approach taken to the regulatory mechanism in the Bill is not unlike that taken in the Human Fertilisation and Embryology Act 1990. We examined that legislation closely when preparing the Human Tissue Bill. In the 1990 Act, the general functions of the authority are set out in section 8 and can be extended under section 8(d). However, as with the Bill before us, the functions cannot be reduced. Similarly, there is no provision to reduce, by means of regulation, the regulatory oversight of the key activities of creating and keeping embryos outside and of storing embryos. The integrity of the scheme is maintained in the same way in the Bill, which is based closely on previous legislation.
As I said, we have carefully considered the powers under the Bill. Obviously, there may be instances in which we might wish to add to those, and we have touched on them. However, in terms of maintaining the confidence—and, on many issues, the consensus—achieved in the Bill, it is appropriate to say that the functions can be added to, but not taken away. With those explanations, I hope that the hon. Gentleman will feel able to withdraw his amendment.