11. Legislative Consent Motion on the Health and Care Bill

Part of the debate – in the Senedd at 5:38 pm on 26 April 2022.

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Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour 5:38, 26 April 2022

Thank you, Presiding Officer. I move the motion, and I'm today recommending the Senedd consents to legislative consent motion No. 4 on the UK Health and Care Bill. This amendment is very specific in nature and relates to commercial dealings in organs for transplantation abroad—so-called organ tourism. Members will recall that consent has already been given for the other clauses in the Bill that fall within the legislative competence of the Senedd, therefore, this is not an opportunity to reopen any other areas that are already agreed, but is limited to the consideration of this specific amendment.

A clause was inserted into the Bill on 16 March by Lord Hunt to address the issue of organ tourism. This is a deplorable practice where people from developed countries travel abroad to secure organ transplants from desperate people, or in countries with dubious human rights records. Lord Hunt has quite rightly been concerned for some time about this practice, and wishes to see it outlawed in the United Kingdom.

Whilst the number of people travelling abroad to secure transplants in this way is thought to be low, particularly in Wales, I agree with Lord Hunt that we must do our bit to try to prevent this obnoxious trade in human suffering. People who receive transplants in these types of circumstances will require NHS care on return, which could be made more difficult because of the lack of information about the circumstances of the transplant. There is also an added risk that they could develop infections, with the need for follow-up care. This places additional burdens on the service. It is therefore in everybody's best interests that we prevent this type of practice and that it is ensured that people go through the proper processes.

The intention behind Lord Hunt's amendment to prevent these practices is something that I'm sure we would all support. However, as drafted, the amendment was felt to be too complex and unworkable in practice because it required proof that specific consent to the organ donation had been given by the donor or their immediate family. It also places other significant burdens on healthcare professionals and others. The UK Government therefore tabled an alternative amendment on 28 March, which was passed in the House of Commons on 30 March and was confirmed by the House of Lords on 5 April.