§ Mrs. Joyce Butlerasked the Secretary of State for Social Services what action he will take in the light of the recent case in which a boy of 16 years gave consent to the removal of a kidney for transplant to another person; if he is satisfied that valid consent can be given to such organ removals from a living donor by any young person under 18 years; and if he will make a statement.
§ Mr. EnnalsIn the light of the case mentioned by my hon. Friend I am reviewing the complex professional, ethical and legal issues involved in such procedures generally involving minors, and I also intend to take into account the report, when it becomes available, of a committee of the Council of Europe which is considering the problem of harmonisation of laws relating to transplants including safeguards needed to protect minors. At present only a small proportion of kidney transplants in this country are from living donors of any age.
Section 8 of the Family Reform Act 1969 allows a minor who has reached the age of 16 years to consent to any surgical, medical or dental treatment which in the absence of such consent would constitute a trespass on his person, but the relevance of this to organ removals for donation has not to my knowledge been considered by the courts. In any case of donation from a minor those concerned would in my opinion be well advised to seek legal advice and, if so advised, the authority of a competent court.