Clause 30 - Restriction on transplants involving a live donor
Human Tissue Bill
9:10 am
Dr Stephen Ladyman (Parliamentary Under-Secretary, Department of Health; South Thanet, Labour)
Difficult, certainly, but not impenetrable—that is how I would describe the clause. Biology is complicated, which is why the brightest people become biologists. People who are not quite bright enough to be biologists but are still quite bright become lawyers, and they will help us to unravel the clause.
I understand the general concern that the hon. Member for Wyre Forest, other hon. Members and practising researchers and clinicians will have about the Bill's complexity, but I will give the hon. Gentleman an analogy. I am sure that all his constituents pretty much understand the laws that govern the use of our roads. We do not expect them to understand all the legislation, but we have provided them with the highway code, which they are expected to read, understand and be tested on. The code is a changing document that is revised, moves with the times and is written in plain English.
The people who will have to work under the provisions in the Bill will not be using its wording but following a ''highway code'' on best practice guidance that the Human Tissue Authority will provide. That guidance will be easy to follow and written in plain English, and we will expect people to understand it. People should not get too worked up about the fact that some lines and paragraphs in the Bill will be more understandable to lawyers than to the rest of us. Unfortunately, although the amendment might result in easier reading, it would change the clause's intention and is clearly deficient. On that basis, I ask the hon. Gentleman to withdraw it.
Paragraph (a) of the amendment appears to suggest that provision for reconsideration of decisions by the authority is already required under subsection (3) and that the duty under paragraph (a) is simply to spell out the circumstances in which reconsideration applies and to prescribe the procedures for that. In fact, reconsideration of decisions by the authority is not covered by the power in subsection (3). Subsection (4) states that, if the Secretary of State makes regulations under subsection (3) to say when live transplants may go ahead, they must include provision for reconsideration of decisions made under those regulations. It also provides for powers to set out the circumstances in which reconsideration applies and a power to define the procedure.
Subsection (4) is a carefully drafted provision that ensures that an appropriate mechanism will be available for the reconsideration of decisions that the authority may make under the regulations. It is right to keep that provision, which achieves the right effect. It will inform the drafting of regulations, but it will not be of direct concern to practitioners.
The suggested phrase
''the procedure to be followed for such reconsideration''
implies that the procedure is for the initiation of a reconsideration, whereas we have in mind something more general, which also captures the procedure to be followed in the implementation of the reconsideration.
I mention such points of detail to show that the Bill's provisions are the result of careful consideration and drafting. Although it may appear to some that certain provisions are overly complex, there are good reasons for the wording, which was chosen with great care. Will the hon. Gentleman at least accept my assurance that practitioners will not have to follow the wording, as the authority will provide plain English guidance for them. I hope that he will be comforted and withdraw the amendment.