Preparation of codes
Human Tissue Bill
2:30 pm
Mr Andrew Lansley (South Cambridgeshire, Conservative)
We have discussed codes of practice from various viewpoints during previous debates, so I should like to deal with a number of specific issues relating to the preparation of such codes. The amendments are designed to explore two issues.
First, the legislation says:
''The authority may prepare codes of practice''.
I understand that it is the intention that it will produce them. The ''may'' in this context appears because the codes are in the plural, therefore the wording is permissive as to the number of codes that the authority has to prepare. Representatives of a couple of bodies raised with me the concern that they were unclear on how the authority could proceed other than by preparing codes of practice, and that, therefore, it should be specified in the legislation that they shall do so. Of course, if we were to say ''shall prepare'' codes of practice, there would be a question of how many codes the authority was to prepare. Therefore, I have phrased the amendment slightly differently, because
''shall prepare one or more''
codes of practice seems to be consistent with the intention of the Bill and a little clearer.
Amendment No. 14 would permit the authority to adopt codes of practice that have been prepared by other bodies. For example, the Royal College of Pathologists has its own guidelines for the conduct of post mortem examinations, and no doubt there are others of which I am not aware. The range of activities that has to be dealt with under subsection (2) is sufficiently wide that the measure will no doubt impinge on a range of bodies that have been involved in scrutinising and giving guidance.
It might be excessive for the authority not to be able simply to approve existing guidelines in order to issue a code of practice. If it were to do so, the provisions on consultation would have to be complied with in the same way because such guidelines would assume the formal status of a code of practice of the authority. However, it would be transparent that the authority was approving an existing code rather than, necessarily, starting from scratch.
The purpose of amendment No. 14 is to permit the authority to approve codes of practice that are prepared by other bodies. Although that may be done in relation to one or two issues, it does not mean that that will not be extended in future. If, for example, the authority wanted to take a more self-regulatory approach with the professions, it could permit some of the professional bodies to take responsibility for
preparing codes of practice and then, under the legislation, approve them. That possibility—not requirement—might commend itself and, in the spirit of future, flexibility would be advantageous. I hope that both those arguments commend themselves to the Committee.