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Human Tissue (Authorisation) (Scotland) Bill

This Bill proposes to change the system for organ and tissue donation in Scotland.

This is a Government bill

The Bill became an Act on 18 July 2019

Introduced: the Bill and its documents

Overview

This Bill proposes to change the system for organ and tissue donation in Scotland. Currently, donations can be taken if:

  • the person has authorised this before they die, or
  • their nearest relative authorises the donation after they die 

This is known as an ‘opt-in’ system.

The Bill proposes a new category of ‘deemed authorisation’. This is also known as ‘presumed consent’.

This means when someone dies without having made their wishes known, it’d be assumed they’d agree to donate their organs. Unless family members have evidence that it would be against their dead relative's wishes, they can’t override the donation.

This proposed system is known as a ‘soft opt-out’.

It would not apply to people:

  • under 16
  • without the capacity to understand ‘deemed authorisation’
  • who have been living in Scotland for less than 12 months

The main aim of the Bill is to increase the organ donation rates and the number of transplants carried out.

Why the Bill was created

Between 40 and 60 people will die each year while waiting for a transplant.

Opinion polls tend to show most people are in favour of having to opt-out. The move to an opt-out system got 82% support from respondents in a public consultation in 2017.

Part of the logic of the Bill is that by presuming consent, there will be fewer times that the family would need to consent to donation. This would limit the potential for refusals and so increase donations.

Around 40% of families do not agree to donate their loved one’s organs. This means the loss of around 100 potential donors each year.

Reasons for lack of transplants

Organ donation and transplant rates have been increasing over the last 10 years. But there are still over 500 people waiting for a transplant in Scotland at any one time. 

Transplants are made harder because less than 1% of people die in circumstances that allow organ donation to proceed.

Accompanying Documents

Explanatory Notes (428KB, pdf) posted 03 July 2019

Policy Memorandum (783KB, pdf) posted 03 July 2019

Financial Memorandum (463KB, pdf) posted 03 July 2019

Delegated Powers Memorandum (176KB, pdf) posted 10 July 2019

Statements on legislative competence (86KB, pdf) posted 03 July 2019 

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research on the Human Tissue (Authorisation) (Scotland) Bill


The Bill was introduced on 8 June 2018

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Health and Sport Committee.

Call for views (closed)

The deadline for sharing your views on this Bill has passed.

Read the responses

Who spoke to the lead committee about the Bill

Work by other committees

Delegated Powers and Law Reform Committee


Stage 1 Debate and decision

A Stage 1 debate took place on 26 February 2019 to consider and decide on the general principles of the Bill.

  • Motion title: Human Tissue (Authorisation) (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Human Tissue (Authorisation) (Scotland) Bill.
  • Submitted by: Joe FitzPatrick
  • Date lodged: Monday, 25 February 2019
  • Motion reference: S5M-16001
  • Current status: Taken in the Chamber on Tuesday, 26 February 2019

Result 107 for, 1 against, 2 abstained, 19 did not vote Vote Passed

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 26 February 2019

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

First meeting on amendments

Documents with the amendments considered at the meeting held on 7 May 2019:

First Marshalled List of Amendments for Stage 2 (283KB, pdf) posted 03 July 2019

First Groupings of Amendments for Stage 2 (320KB, pdf) posted 03 July 2019

The Bill ended Stage 2 on 7 May 2019

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Debate on proposed amendments

Documents with the amendments considered in the Chamber on 11 June 2019:

First Marshalled List of Amendments for Stage 3 (144KB, pdf) posted 03 July 2019

First Groupings of Amendments for Stage 3 (148KB, pdf) posted 03 July 2019

Final version of the Bill

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

  • Motion title: Human Tissue (Authorisation) (Scotland) Bill
  • Text of motion: That the Parliament agrees that the Human Tissue (Authorisation) (Scotland) Bill be passed.
  • Submitted by: Joe FitzPatrick
  • Date lodged: Friday, 07 June 2019
  • Motion reference: S5M-17615
  • Current status: Taken in the Chamber on Tuesday, 11 June 2019

See further details of the motion


Parliament decided to pass the Bill

The Bill ended Stage 3 on 11 June 2019

Bill becomes an Act

If the Bill is passed, it can receive Royal Assent and become an Act.