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Human Tissue Act 2004
"A Bill will also be introduced to regulate retention of human tissues after death."
The Human Tissue Bill is designed to ensure that the organ retention scandals of Alder Hey and Bristol Royal Infirmary can never happen again.
In September 2003 the government published a document outlining proposals for new legislation.
The Bill will prevent the removal of human body organs or tissue without "proper consent" and will update the Human Tissue Act 1961, which chief medical officer Professor Sir Liam Donaldson has described as "manifestly inadequate and out of date."
Donaldson described the proposals as attempting "to strike an acceptable balance between the rights and expectations of individuals and families, and broader considerations, such as the importance to the population as a whole of research, education, training, pathology and public health monitoring."
The proposals involve the requirement that explicit consent underpins the removal of organs or tissue; the principle that the human body and its parts should not "give rise to financial gain"; and penalties for undertaking certain activities such as DNA testing without consent.
The legislation is expected to establish a new statutory body, the Human Tissue Authority (HTA).
The preparatory consultation on the Bill has been long: in January 2001 the report of the chief medical officer, The Removal, Retention and Use of Human Organs and Tissue from Post-Mortem Examination", was published; then a consultation document, Human Bodies, Human Choices", was produced in July 2002. A summary of the responses was published in April 2003.
In addition, the DCMS intends to use provisions in the proposed Bill to liberalise laws covering the repatriation of human remains. Estelle Morris, minister for the arts, said in an oral answer in the Commons that she hoped to be "able to use the Department of Health's proposed Bill on human tissue to relax current statutory prohibitions on the repatriation of human remains".
The legislation covers England, Wales and Northern Ireland, but not Scotland, as it is a devolved issue.
Progress
House of Commons
First reading: December 4 2003 (HC Bill 9)
Second reading: January 15 2004
Committee stage
Bill as reprinted (HC Bill 49)
Remaining stages: June 28 2004
House of Lords
First reading: June 29 2004 (HL Bill 94)
Second reading: July 22 2004
Committee stage:
Bill as mended in the committe HL Bill 115
Report stage: October 25 2004
Bill as amended in the report HL Bill 121
Third reading: November 3 2004
House of Commons
Consideration of Lords amendments: November 10 2004
Royal assent: November 15 2004
Human Tissue Act 2004
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