Committee
Health Committee, 20 Dec 2005
20 Dec 2005 · S2 · Health Committee
Item of business
Human Tissue (Scotland) Bill: Stage 2
The intention of my amendments 115 to 118, 120, 129 to 131 and 134 to 142—many of which are similar—is to introduce a mandatory requirement for authorisations to be signed, witnessed and dated. For example, amendment 115 would insert certain formal requirements in relation to an authorisation for"the removal and use of a part of the adult's body after the adult's death".Under section 6(2), such an authorisation must be in writing, but there is no requirement for it to be dated or signed, nor is there a requirement for the adult's signature to be witnessed. Amendment 115 would require authorisations to be dated and signed before one witness, which would ensure that the document complied with section 3 of the Requirements of Writing (Scotland) Act 1995, which provides for a presumption as to the granter's subscription. Amendments 117 and 118 would ensure that a withdrawal of an authorisation, as well as having to be done in writing, would have to be signed before one witness or expressed verbally in the presence of two witnesses.Amendment 120 is slightly different and seeks to ensure that an authorisation or a withdrawal of an authorisation would have to be intimated as soon as practicable to the adult's general practitioner. It is important that a patient's records are kept up to date to ensure that no mistakes occur in carrying out the patient's wishes or following their instructions. Amendment 120 would ensure a consistent information flow between the patient, the hospital and the GP.My amendments would make the authorisation procedure easy, simple and straightforward. The matter might have been dealt with in regulations, but they may change down the line. The provisions should be in the bill, as it is important that authorisations are signed, dated and witnessed.I move amendment 115.
In the same item of business
The Convener:
SNP
Item 4 is stage 2 consideration of the Human Tissue (Scotland) Bill. We have set part 1 as the end-point for consideration today. I welcome the minister in c...
Section 1—Duties of the Scottish Ministers as respects transplantation, donation of body parts etc
The Convener:
SNP
We begin with section 1 and group 1, on promoting donation for transplantation and so on. Amendment 112, in the name of Nanette Milne, is the only amendment ...
Mrs Nanette Milne (North East Scotland) (Con):
Con
I will be brief. Amendment 112 seeks to ensure ministers' on-going commitment over time to promote awareness of organ donation and transplantation. The aim i...
The Convener:
SNP
As no member has indicated that they wish to comment on the amendment, I call the minister.
The Deputy Minister for Health and Community Care (Lewis Macdonald):
Lab
I sympathise entirely with Nanette Milne's motivation in moving amendment 112, but the amendment is not necessary. As it stands, section 1(b) makes it clear ...
The Convener:
SNP
I ask Nanette Milne to indicate whether she will press or seek leave to withdraw amendment 112.
Mrs Milne:
Con
I appreciate what the minister has said and accept that the intention of the present Executive is to ensure that on-going commitment. However, as that does n...
The Convener:
SNP
The question is, that amendment 112 be agreed to. Are we agreed?
Members:
No.
The Convener:
SNP
There will be a division.
ForMilne, Mrs Nanette (North East Scotland) (Con)Turner, Dr Jean (Strathkelvin and Bearsden) (Ind)AgainstCunningham, Roseanna (Perth) (SNP)Eadie, Helen (Dunf...
The Convener:
SNP
The result of the division is: For 2, Against 7, Abstentions 0.
Amendment 112 disagreed to.
Section 1 agreed to.
Sections 2 to 5 agreed to.
After section 5
The Convener:
SNP
The second group of amendments concerns the question of presumed consent. Amendment 113 is grouped with amendments 114, 121, 132, 133, 143 to 146, 148 and 16...
Mike Rumbles (West Aberdeenshire and Kincardine) (LD):
LD
John Farquhar Munro has asked me to not move his amendments.
Amendments 113 and 114 not moved.
Section 6—Authorisation: adult
The Convener:
SNP
Group 3 is on the dating and witnessing of authorisations and withdrawals for transplantation. Amendment 115, in the name of Jean Turner, is grouped with ame...
Dr Jean Turner (Strathkelvin and Bearsden) (Ind):
Ind
The intention of my amendments 115 to 118, 120, 129 to 131 and 134 to 142—many of which are similar—is to introduce a mandatory requirement for authorisation...
Lewis Macdonald:
Lab
Our amendments 1, 25 and 105, by contrast with Jean Turner's, seek to remove the witness requirements for verbal authorisations under section 6. We welcome t...
Janis Hughes (Glasgow Rutherglen) (Lab):
Lab
The committee has a strong view that we must do everything possible to encourage potential donors to register, whether by telephone or online. I am concerned...
Lewis Macdonald:
Lab
I agree with Janis Hughes.
The Convener:
SNP
I ask Jean Turner to indicate whether she is going to press or withdraw amendment 115.
Dr Turner:
Ind
I will press the amendment. When things go wrong, it is nice to have the exact documentation. Many things can go wrong with computers these days, and the one...
The Convener:
SNP
The question is, that amendment 115 be agreed to. Are we agreed?
Members:
No.