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by Munro Research

Organ Tourism and Cadavers on Display Bill [HL]


Official Summary

A Bill to amend the Human Tissue Act 2004 concerning consent to activities done for the purpose of transplantation outside the United Kingdom and consent for imported cadavers on display

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Overview

This bill amends the Human Tissue Act 2004 to address concerns about organ tourism and the display of imported cadavers. It aims to prevent the exploitation of vulnerable individuals and ensure appropriate consent for the use of human tissue both within and outside the UK.

Description

Organ Tourism

The bill strengthens the law concerning organ transplantation outside the UK. It makes it an offence for UK citizens to travel abroad for transplants where the donor did not provide free, informed, and specific consent, or where a financial gain or comparable advantage was received by the donor or a third party. Exceptions are made for justifiable expenses related to the organ removal or medical examinations, and for compensation for damage not inherent to the removal. The bill also allows for prosecution in the UK if a UK citizen commits such offences abroad.

Cadavers on Display

The bill amends the act to require appropriate consent for the public display of imported cadavers. It clarifies that the existing regulations governing imported human tissue do not extend to those imported for public display, thus requiring further regulatory oversight.

Record Keeping and Reporting

The bill mandates that specified persons keep records of UK citizens undergoing transplants abroad and report these instances to NHS Blood and Transplant. NHS Blood and Transplant will be required to publish an annual report on these instances.

Government Spending

The bill is unlikely to result in significant additional government spending. The costs will primarily involve implementing the new reporting and record-keeping requirements, as well as potential costs associated with investigations and prosecutions.

Groups Affected

UK Citizens: The bill primarily affects UK citizens who may travel abroad for organ transplants. They will be subject to UK law concerning the legality of the transplant procedure.
Organ Donation Agencies and Professionals: These groups will need to comply with new regulations concerning record-keeping and reporting.
Organ Transplant Recipients: The bill aims to protect transplant recipients from potentially exploitative practices.
Organizations Displaying Cadavers: These organizations will be directly affected by the amendment requiring appropriate consent for the public display of imported cadavers.
Criminal Justice System: The bill increases the workload of law enforcement agencies by creating new offences and potentially increasing prosecutions.

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