Clause 24 - Provision with respect to consent
Human Tissue Bill
4:00 pm
Dr Evan Harris (Oxford West and Abingdon, Liberal Democrat)
I beg to move amendment No. 178, in
clause 24, page 16, line 3, at end insert—
'(8A) Once appropriate consent under sections 2, 3 or 4 and this section has been given in relation to the body of a deceased person, a human body, relevant material from the body of a deceased person or relevant material from a human body for an activity specified in Schedule 1, such consent endures until—
(a) the person from whose body the relevant material came specifically revokes it in writing;
(b) where consent was given on behalf of a child, the child reaches 18 and specifically revokes it in writing; or
(c) the person who gave such consent specifically revokes it in writing.'.
The amendment gives us the opportunity briefly to return to the question of enduring consent. We already covered it, en passant, when debating other parts of the Bill. The amendment would clarify that once consent had been given under sections (2), (3), or (4), and sometimes in respect of qualifying relationships, that consent would endure until it is specifically revoked as set out. It is meant to probe the Government to clarify whether that is necessary. I suspect that they will resist it on the basis that it is not, although the concern is whether it is right that someone in a higher qualifying relationship can revoke consent where material has been retained and is still being used.
We dealt with the issue of the child earlier, so I will not repeat the arguments. Hopefully, the purpose of the amendment is understood. Will the Minister clarify whether the Bill will allow material for which appropriate consent was given at the time to continue to be used for research until consent is revoked as I have suggested?