This item was published during the term of a previous administration that ended in April 2007
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Consultation on organ retention
24/11/2003
Two consultations on organ retention were launched today.
In response to the Independent Review Group Report on Retention of Organs Post-Mortem Phase 3 Report the Health Minister Malcolm Chisholm announced that the report would go out for immediate consultation.
The report looked specifically at the questions of authorisation forms and leaflets, communications with families involved in Procurator Fiscal post-mortem examinations and the ethical review of research projects.
Announcing the consultation, the Minister said:
"I have noted that there are a number of key points on which the Review Group wants to test public opinion. I agree this is entirely appropriate, given the sensitivity and complexity of some of the issues dealt with by the report.
"As part of the consultation process, arrangements will be made for piloting both the hospital and the Fiscal post-mortem examination authorisation forms and the information leaflets that go with them. These will be made widely available, as requested by the Review Group, so that as many people as possible have a chance to comment."
The Lord Advocate, Colin Boyd QC welcomed the Review Group's Report. He
said:
"The report reflects the significant amount of work that the Crown Office and Procurator Fiscal Service has done and is continuing to do in this area and we will work with our colleagues in health and Justice to take forward the recommendations.
"We are committed to improving our service in relation to the investigation of deaths and liaison with next of kin. Our Victim Information and Advice offices, now being rolled out across Scotland, will play an important part in this critical work."
The Minister also took the opportunity to launch a consultation on new legislation for Scotland on hospital post-mortem examinations, drawing on the recommendations in the Phase 2 report of the Review Group.
The consultation will allow everyone with an interest to comment on:
* Replacing the Human Tissue Act 1961 with new legislation;
* The new legislation being based on "authorisation" in recognition of the role which parents must be given in making decisions about the way their children should be dealt with after death
* Who can authorise hospital post-mortem examinations
* What safeguards require to be in place
* What penalties should be imposed if any person performs a hospital post-mortem without proper authorisation.
Announcing the consultation Mr Chisholm said:
"I am pleased to announce that the Scottish cabinet has agreed to the publication of a consultation on legislative proposals for hospital post-mortem examinations.
"The fundamental objection of families concerning past practice was the failure to involve them in decisions about their dead child. Many parents clearly feel the need to continue to protect the child after death, and for them past post-mortem practice was seen as a betrayal of the protective role.
"One of the main aims of the new proposed legislation must be to place the sense of control in the hands of the parents when the question arises of a hospital post-mortem examination on a baby or young child."