Presumed consent

A response to comments by the Secretary of State for Health

Issue date: 20 September 2007

Adrian McNeil, Chief Executive of the Human Tissue Authority, said: "As we said in our statement in July 2007 in response to the Chief Medical Officer's recommendation, any move to a system of presumed consent would require a change in the law.

“There would need to be extensive consultation and debate before that happened. We welcome the establishment of a sub-group of the Organ Donation Task Force, which will provide an authoritative process for addressing all the legal, practical and ethical issues relating to presumed consent."

ENDS

Notes to editors

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).
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). 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.
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.

The HTA is also responsible for approving transplantation of solid organs and bone marrow from living donors. 

For further information please contact:

Heath Jeffries
Head of Media
Human Tissue Authority
Finlaison House
15-17 Furnival Street
London EC4A 1AB
Tel 020 7211 3400 (general) 020 7211 3439 (direct)
Mobile 07917 551741
Email heath.jeffries@hta.gov.uk