Clause 44 - Preservation for transplantation
Human Tissue Bill
9:45 am
Dr Evan Harris (Oxford West and Abingdon, Liberal Democrat)
The purpose of the amendments is to probe what the Government mean by the word ''consent'' in line 41. We are talking about a non-heart-beating donation where there is a need to preserve organ function, normally of the kidneys, while appropriate consent, if I may use that term, is obtained to remove organs for transplantation. By inserting a canula into the veins in the groin and perfusing the kidneys—not exclusively the kidneys these days—with a cooling fluid, their function can be preserved, even though the heart is not beating and pumping oxygenated blood around, so that they can still be used for transplantation. I wish to have a short debate on clause stand part about that approach.
The clause states that the authority
''(a) to take steps for the purpose of preserving the part for use for transplantation, and
(b) to retain the body for that purpose . . . ceases to apply once it has been established that consent making removal of the part for transplantation lawful has not been, and will not be, given.''
There is no reference to what that consent is in relation to the appropriate consent given under clause 1. Do the Government mean unqualified consent or consent that they do not cross-refer in this part of the Bill, or do they mean permission, as we would understand it, from the appropriate person? Amendment No. 125 would allow them to say that, but if we are to have a consistent Bill, perhaps they should refer back to appropriate consent, such as that given under clause 1.
I am not sure whether such provision is appropriate to the architecture of the Bill. This is one place where consent is unqualified by any adjective and so there may be a question about its nature. Who will give that permission? Without cross-reference to another part of the Bill, the hierarchy of relatives who can give that permission will be in question. I am trying to be helpful with this probing amendment. In order to speed up progress, I will conclude my remarks there.