§ Mr. CohenTo ask the Secretary of State for the Environment if(a) donated organs and (b) brains removed from deceased prisoners are classed as waste under the European definition of waste and require the completion of waste transfer notes under the duty of care regulations. [23666]
§ Mr. ClappisonWhether a substitute or object is waste must be determined on the facts of the case and the interpretation of the law is a matter for the courts. In any particular case, the key question is whether the holder of a substance or object is discarding it or intends or is required to do so.
The Department has provided guidance on the interpretation of the definition of waste in annex 2 to DOE circular 11/94. On the basis of this guidance, the Department's view is that:
- (a) human organs removed with the intention of their being used in a transplant operation or subjected to pathological examination have not been discarded and should not be regarded as waste; and
- (b) if human organs are consigned for disposal in a process such as incineration because they have been discarded, they should be regarded as waste and would be subject to the duty of care as a controlled waste.