11. Legislative Consent Motion on the Health and Care Bill

Part of the debate – in the Senedd at 5:41 pm on 26 April 2022.

Alert me about debates like this

Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour 5:41, 26 April 2022

(Translated)

The purpose of this amendment that we are seeking the Senedd’s consent for today is to have the same impact as the original amendment but in a simpler way, by making it a crime for a citizen of the United Kingdom or somebody who is usually resident in Wales or England to commit extra-territorial offences with regard to human organs that are already an offence in terms of the trade in human organs for transplantation if that were to be done within the United Kingdom. This, to all intents and purposes, extends the current offences in section 32 of the Human Tissue Act 2004 to extra-territorial offences.

Transplantation, which is the major topic of the amendment, is devolved to the Senedd, and I’m sure that Members are very aware of this, bearing in mind our innovative legislation that meant that Wales was the first nation in the United Kingdom to introduce presumed consent for organ donation. Despite this, at this time, I’m content for the Secretary of State to legislate on behalf of Wales. The amendment put forward by the United Kingdom Government is sensible and deals with something that has caused a great deal of concern for some time. So, in my view, Wales doesn’t have to seek to legislate separately on this issue, particularly in the wake of the timely opportunities that are offered by this amendment to a Bill that already exists. So, I am content that the Senedd can give its consent to the amendment.