HC Deb 09 September 2004 vol 424 cc1362-3W
Chris Ruane

To ask the Secretary of State for Health if he will list the new measures and procedures that have been introduced to stop the illegal removal of organs from deceased adults and children. [187082]

Ms Rosie Winterton

We are taking the following measures to stop the illegal removal of organs from deceased adults and children.

The Retained Organs Commission (ROC) was set up in April 2001 to oversee the return of organs and tissues to families, and where requested, to provide advocacy to families and to advise trusts. The ROC issued its final report in March 2004 and this can be found at http:// www.nhs. uk/retainedorgans.

The Government's Human Tissue Bill, which had its second reading in the House of Lords in July 2004, provides the regulation of removal, storage and use of human organs and tissue. The Bill also makes provision for the creation of a new body, the Human Tissue Authority (HTA), which will prepare statutory guidance on all matters within its remit, as set out in the Bill.

Pending completion of the Bill's passage through Parliament and the establishment of the HTA, the Department published two documents in April 2003: "The Use of human organs and Tissue, An Interim Statement" and "Families and post mortems, A Code of Practice". These provide guidance on the use of human organs and tissue and recommended practice for ensuring consent is obtained for hospital post-mortems and for the retention and use of organs following a hospital or coroner's post-mortem. These publications can be found on the Department's website.

The Department has also provided Section 64 grant funding to the National Bereavement Partnership to set up a helpline to support families and the general public affected by issues around post mortems and the possible retention of organs or tissues. This helpline will be able to provide essential information and advise those affected how they might take an inquiry forward with their local national health service trust.

Chris Ruane

To ask the Secretary of State for Health what representations he has received from the parents of deceased children whose organs were retained without permission concerning the sensitivity of questions they have had to answer in pursuit of compensation. [187080]

Ms Rosie Winterton

The Department has not received representations from the parents of children whose organs were retained without permission concerning the sensitivity of questions they have had to answer in pursuit of compensation.

Chris Ruane

To ask the Secretary of State for Health if he will make a statement on the length of time that it has taken to compensate the relatives of those whose organs were retained without permission. [187081]

Ms Rosie Winterton

An offer of compensation was made in November 2002 to all relatives claiming in relation to organ retention. The offer was rejected and the case proceeded to court. Mr. Justice Gage decided on three test cases in a group litigation on 26 March 2004. A mediation date of 27 September has been set for further discussions with the NHS Litigation Authority and the claimants lawyers with a view to settling the claim.