HC Deb 07 February 1978 vol 943 cc547-8W
Mr. Patrick Jenkin

asked the Secretary of State for Social Services if he will seek to amend the law that requires that the organs of a deceased person may not be used for transplant purposes, even with the consent of the next of kin, on the grounds that the deceased died in circumstances, such as a motor accident, which could give rise to criminal proceedings.

Mr. Ennals

No. The Human Tissue Act 1961 provides that, where there is reason to believe that a coroner may require an inquest or post-mortem examination to be held, parts of a body may not be removed without the consent of the coroner. The authorisation of the removal of organs for transplantation in such cases is a matter for the coroner to decide in light of individual circumstances. I appreciate that in a few cases this may prevent a suitable organ being used for transplantation, but the provision is a necessary measure to safeguard the interests of all parties in the event of legal proceedings, and I do not believe there is sufficient cause for me to seek to amend the law.

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