All sudden deaths should be DNA tested - HTA response

Human Tissue Authority media statement

Issue date: 9 November 2009

The Human Tissue Act requires that appropriate consent is in place before the tissue is removed from a deceased person. Adrian McNeil, Chief Executive of the HTA said: "the HTA is alarmed about any public statement that urges practitioners to consider breaking the law governing consent and the taking of tissue for DNA testing. We recognise Dr Brennan's right, as a senior practitioner in the sector, to propose changes to the current law but cannot endorse what would be a clear breach of the legislation.

ENDS

For further information, please contact Fiona McKinson, Communications Officer at the Human Tissue Authority on 0207 211 3460 or fiona.mckinson@hta.gov.uk

Notes to editors:

1. Section 45 of the Human Tissue Act creates an offence if bodily material is held with the intention of analysing the DNA unless he has the consent of someone in a qualifying relationship or the results of the analysis are to be used for an excepted purpose. The purpose detailed by Dr Brennan does not fall within the category of an excepted purpose.
2. The HTA have guidance on this matter on its website. Further guidance is provided in the HTA's Code of practice on Consent which was referenced in the Royal Society of Medicine's press release. 
3. This was issued in response to a Royal Society of Medicine press release issued on 6 November.