Bill to clarify organ retention

Mr Kerr said the issue of organ donation is a sensitive one

New legislation being considered at Holyrood will tighten the law governing organ retention, according to the health minister.

Andy Kerr said the Human Tissue (Scotland) Bill will clarify hospital post-mortem examinations and modernise the Anatomy Act 1984.

It will also regulate the use of body parts in public exhibitions like those by German scientist Gunther von Hagens.

Mr Kerr said changing the law showed ministers are responding to concerns.

Speaking at the introduction of the bill, the minister said the new legislation will protect people's right to make a choice.

I am confident we have produced a bill that is fully respectful of people's right to make a choice Health Minister Andy Kerr

It states that when a person dies by natural causes, a post-mortem examination cannot be carried out unless it has been authorised either by the person him or herself while still alive, or, if no such wishes were expressed, by the person's nearest relative.

In the case of a child under 12, authorisation has to be given by the child's parents.

'Listened to concerns'

Anyone who performs a post-mortem examination illegally or retained organs without authorisation will face a substantial fine or a year in prison.

Carrying a donor card or putting your name on the Organ Donor Register will count as authorisation in terms of the new legislation.

Mr Kerr said: "Much has already been done to address the issue of organ retention, but for many of the families affected by this in the past, getting the law changed shows that we have really listened to their concerns.

Gunther von Hagens was prevented from bringing his show to Scotland

"The new provisions on transplantation are very important and will strengthen the current system of opting in, by making sure that people's wishes about donating organs and tissue after death are respected."

The new legislation will also regulate the public exhibition of human corpses under the guise of education or art.

German scientist Dr Von Hagens toured Europe with his Body Worlds show which began in 1996, but Edinburgh City Council blocked his application for a show in 2003 on the grounds that some people could find it offensive.

The minister said he recognised the sensitive nature of the subject and expressed confidence that the public will be satisfied with the legislation.

"I am confident we have produced a bill that is fully respectful of people's right to make a choice," he added.

The bill follows a report which found that post-mortem examinations fell by a third in three years amid the public outcry over unauthorised organ retention.