Statement on Sellafield investigation

Statement from Adrian McNeil, Chief Executive of the Human Tissue Authority.

Issue date: 19 April 2007

(Issued on request)

Adrian McNeil, Chief Executive of the Human Tissue Authority said: “The Human Tissue Act 2004 (HT Act) became law as a result of public inquiries into organ retention at Bristol and Liverpool. The matters described by the Secretary of State for Trade and Industry bring out the need for clear guidance on consent for the removal, retention and use of bodies or body parts.

“The Human Tissue Authority (HTA) is concerned for the families that may be affected by today’s announcement. The overriding aim of the HTA is to implement the HT Act in a way that gives the public confidence that their wishes will be respected and professionals the confidence that they are working within a clear regulatory framework.

“The HTA was established in 2005 as the regulator under the HT Act. Our Codes of Practice set clear guidance on the removal, retention, use and disposal of bodies and body parts. We are also responsible for licensing the premises on which post mortems are conducted and human tissue is stored.

“Coroner’s post mortems do not require consent, but once the Coroner’s jurisdiction has ended, bodies or body parts can only be retained with the consent of the family. This is clear from the Coroner’s Rules and the HTA’s Codes of Practice.”

ENDS

Notes to editors

1. The HTA was established on 1 April 2005 to regulate the removal, storage, use and disposal of human bodies, organs and tissue for a number of ‘Scheduled Purposes’ – such as research, transplantation, and education and training – set out in the Human Tissue Act 2004 (HT Act).
 
2. The HT Act covers England, Wales and Northern Ireland. There is separate legislation in Scotland – the Human Tissue (Scotland) Act 2006 – and the HTA performs certain tasks on behalf of the Scottish Executive (approval of living donation of organs and licensing of establishments storing tissue for human application).

3. As the regulator under the HT Act, the HTA is responsible for licensing a number of activities and carrying out inspections to ensure licence conditions are being met. These licensable activities include:

• Anatomical examination
• Post mortem examination
• Removal of material from the deceased in certain circumstances
• Storage of post mortem material
• Storage of anatomical specimens
• Storage of material for other purposes – e.g. for human application (transplantation) or research
• Public display of a body or material from a deceased person.

Establishments storing tissue for human application are regulated under the EU Tissues and Cells Directive (EUTCD) and required a licence from 7 April 2006.  All other activities required a licence from 1 September 2006.

4. The HTA is also responsible for approving transplantation of solid organs and bone marrow from living donors. Independent Assessors (IAs) have been accredited to work on the HTA’s behalf to assess applications for all live transplants of solid organs. They act as representatives of the HTA and as advocates for the donor. Accredited Assessors act in a similar capacity to IAs to assess donation of bone marrow by children who are non-Gillick competent and adults who lack capacity.

5. A series of frequently asked questions about coroners’ post mortems and the HT Act is available on this website.