Clause 8 - Existing anatomical specimens

Human Tissue Bill – in a Public Bill Committee at 4:30 pm on 29th January 2004.

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Photo of Andrew Murrison Andrew Murrison Shadow Minister (Health) 4:30 pm, 29th January 2004

I beg to move amendment No. 24, in

clause 8, page 8, line 14, leave out subsection (9).

I cannot promise that the amendment will be anything like as entertaining as the previous one; indeed, I can promise that it will be extremely dull.

The Under-Secretary will appreciate the concerns of many hon. Members about the powers that the Secretary of State might have under the Bill. The purpose of the amendment is to tease out a description of what is meant by amending subsection (8) and the qualifying purposes therein.

Photo of Stephen Ladyman Stephen Ladyman Parliamentary Under-Secretary, Department of Health

I am not sure that I can give the hon. Gentleman the entertaining explanation that he is looking for. It would be unfortunate to remove the order-making power because it necessarily reflects the order-making power in clause 1(8).

The activities that are authorised to be carried out with former anatomical specimens are set out in clause 8(8) by reference to the purposes in schedule 1, in common with the Bill's theme to deal with those purposes. The purposes listed in schedule 1 can be altered by order under clause 1(8). If the proposed power were to be exercised, it could make a nonsense of clause 8(8). We therefore need an order-making power to ensure that any order under clause 1(8) can be accompanied by the necessary consequential amendments to clause 8(8). With that, I hope that the hon. Gentleman will withdraw the amendment.

Photo of Andrew Murrison Andrew Murrison Shadow Minister (Health)

The Under-Secretary was quite right: that was a very dull explanation. Nevertheless, the hour is late, so I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 8 ordered to stand part of the Bill.