This item was published during the term of a previous administration that ended in April 2007
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Human Tissue Legislation passed by Parliament
02/02/2006
Important legislation affecting organ retention, organ donation and transplantation was passed by the Scottish Parliament today.
Speaking after the parliamentary vote, Deputy Health Minister Lewis Macdonald said:
"I am pleased that we have fulfilled the pledge we made to families affected by the issue of organ retention in the past. Much has already been done to address this issue but the passing of this legislation shows that we have really listened to their concerns.
"We have learned from the public reaction to recent organ retention issues that for many people presumed consent does not count as a valid form of consent.
"The legislation will also modernise the legal framework for organ and tissue donation by strengthening the existing system, based on giving effect to people's wishes. We firmly believe that building upon the current 'opt-in' system is the right way forward for Scotland.
"Millions of people in the UK carry organ donor cards and have made a positive choice to put their name on the NHS Organ Donor Register. This self-authorisation is obviously the best way to ensure that your own personal wishes are known. The new legislation will ensure these wishes are respected.
"I am confident that in light of this new legislation and through awareness raising campaigns we will see an increase in the number of people self-authorising.
"The passing of this legislation is a landmark for parents who have fought hard to see improvements made to the current system.
"I am confident we have produced legislation that is fully respectful of people's individual rights to make a choice."
The Human Tissue (Scotland) Bill has three main elements:
- Provisions relating to hospital post-mortem examinations
- Provisions relating to organ donation and transplantation
- Modernisation of the Anatomy Act 1984
Guidance on the new legislation will be issued by the Scottish Executive Health Department in the near future.
The legislation will commence on September 1, 2006.
Around 27 per cent of the Scottish population are currently on the NHS Organ Donor Register. When the Bill comes into effect, their wishes will count as authorisations in terms of the new legislation.