Bill tackles organ retention abuse

Laws on post mortems, organ retention and transplantation to be tightened

News, 7 June 2005

The Scottish Parliament is to tighten up legislation affecting organ retention and transplantation.

Under the Human Tissue (Scotland) Bill anyone performing a hospital post-mortem examination or retaining organs and tissue from such an examination without authorisation could face a substantial fine or up to a year in prison.

Health Minister Andy Kerr said: "Much has already been done to address the issue of organ retention, but for many of the families affected by this in the past, getting the law changed shows that we have really listened to their concerns...

"The new provisions on transplantation are very important and will strengthen the current system of opting in, by making sure that people's wishes about donating organs and tissue after death are respected.

"We have consulted widely over the past three years to ensure that all options and views have been taken into consideration, as we fully recognise the sensitive nature of the legislation. I am confident we have produced a bill that is fully respectful of people's right to make a choice."

There are three main elements to the bill:

- Provisions relating to hospital post-mortem examinations, which make it clear that no such examination can be carried out unless it has been authorised either by the person him or herself while still alive, or, if no such wishes were expressed, by the person's nearest relative. In the case of a child under 12, authorisation has to be given by the child's parents.

- Provisions relating to organ donation and transplantation. These are aimed at strengthening the present system of "opting in". Carrying a donor card or putting your name on the Organ Donor Register will count as authorisations in terms of the bill.

- Modernisation of the Anatomy Act 1984 by broadening its provisions to allow surgeons in training to practise surgical techniques, and to allow HM Inspector of Anatomy in Scotland to regulate the use of bodies and body parts in public exhibitions under the guise of education or art.

The new legislation is the outcome of a long process of deliberation based on recommendations from two advisory bodies: the Scottish Transplant Group and the Review Group on Retention of Organs at Post-Mortem.