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Committee

Health Committee, 17 Jan 2006

17 Jan 2006 · S2 · Health Committee

Item of business

Human Tissue (Scotland) Bill: Stage 2

Macdonald, Lewis Lab Aberdeen Central Watch on SPTV

This group of amendments relates to the points that Nanette Milne raised. Amendment 203 follows on the commitment that I gave in the previous stage that bona fide museums will not be required to be licensed for the public display of anatomical human remains. The amendment seeks to take a power to make an order by statutory instrument to specify persons responsible for the operation or control of specified museums. Such persons so specified will be exempt from the requirement to have the public display authorised by a licence. We will draw up a list of the exempt persons, by which we mean the legal title of those persons, so that a change in personnel in a museum does not mean that we have to amend the list. Amendment 210 provides that the order will be made by statutory instrument and subject to the negative resolution procedure. Amendment 204 will allow the public display of a wider range of anatomical human remains. It permits, subject to conditions, the public display of parts from bodies retained after anatomical examination in Scotland has concluded or body parts that have been removed during anatomical examination of a body outwith Scotland. It also allows the public display of bodies or parts of bodies that are in the course of being used for anatomical examination in Scotland and bodies that have been so used outwith Scotland. The displays of all such bodies and parts of bodies must also be authorised by Scottish ministers, who will grant a licence for that purpose. Amendments 202, 206, 207, 212, 214, 215 and 217 are consequential to that amendment. Amendment 205 provides that a licence may be granted for public display if Scottish ministers think that that is in the interests of education, training or research, which may include giving health education to the public. That is broader than currently provided for in the bill and reflects the concern that was raised in evidence at stage 1 that the purposes for which public display was allowed were too limited and did not allow public display for general education. Amendment 208 provides that no person, including persons licensed to display a body or part publicly, may do so while a procedure in relation to an anatomical examination—for example, dissection—is being carried out. The public display of such bodies or parts during an anatomical process or procedure is not permitted. Amendment 218 is consequential to amendment 208. Amendment 209 deletes paragraph (a) of subsection (5) of new section 6A of the Anatomy Act 1984, which is inserted by section 48(9) of the bill. That subsection provided that prohibited public display included "display by visual image by means of an electronic communications network". We recognise the legitimate use of such images, for example in medical education, but we have concerns that the use of such electronic images should be with the approval of the donor. We consider that, rather than requiring statutory prohibition, the appropriate use of such images can be governed through the code of guidance that the bill makes provision for and through model authorisation forms. I move amendment 202.