Preparation of codes
Human Tissue Bill
3:15 pm
Ms Rosie Winterton (Minister of State, Department of Health; Doncaster Central, Labour)
As for the points made by the hon. Member for South Cambridgeshire and the relationship between the Human Tissue Authority, the implementation that will be required by the NHS and those who work in it, we need to bear in mind a few issues. Over the next year, the shadow authority will be drawing up codes of practice in two ways. It will first build on best practice. The hon. Gentleman referred to gold standard. In many areas, that will conform with GMC and BMA guidelines. I do not believe therefore that, because the Bill and the codes of practice will bring such policies together and build on them, they will be new to most people in the NHS and those who work on the front line.
At the same time, a common-sense approach will be taken. Before the penalties come into force, it will be important to have wide consultation as well as to build on best practice. Although the hon. Gentleman raises an important point, we must make sure that strings are not attached to the service.
In a sense, the safeguard is that the health service can implement what the authority draws up while it is in shadow form and puts into practice when it comes into being. Otherwise, we would be back where we were before, with a lack of public confidence in the system. Therefore, it is vital that the authority issues code of practice that can be implemented.
The hon. Gentleman asked about bereavement and other services. Funding has been included in allocations already made, so such services can be offered. As I have said, there will be consultation on the draft codes, and people will have ample opportunity to comment and contribute, and to prepare for the time when the authority comes into being.
With regard to the definition of death under subsection (2)(d), I hope that hon. Members will forgive me if I do not enter into the technicalities, as others are far more capable than I am. The hon. Member for Oxford, West and Abingdon was right that the amendment gives me an opportunity to clarify some extremely important aspects of transplantation, so that people understand the difference between heart-beating donations and those when there is no heart beat. The provision sets out the means by which the fact of death is determined. The chief medical officer has already asked the Academy of Medical Royal Colleges to review the current code, and the Human Tissue Authority will pursue the matter further when it is established in shadow form.
I hope that I have shown the Committee that the clause can be implemented in a way that does not shock those in the health service who currently implement guidance from the GMC and the BMA.
However, they will have an opportunity to comment on and contribute to the draft code of practice that the shadow authority will draw up.
Question put and agreed to.
Clause 23 ordered to stand part of the Bill.