(CNS): The Independent member for North Side has raised a number of questions about the Human Tissue Transplant Bill, which is currently awaiting final passage on the table of the Legislative Assembly. Ezzard Miller said the drafting of the legislation has left open the possibility that human organs and tissue could be sold for cash. He has also questioned who exactly, other than a medical practitioner, would be allowed to remove or authorise the removal of tissue as is currently indicated in the legislation before the House. The minister who brought the legislation, however, has denied that it provides for the sale of organs and said he would be clarifying exactly who is being referred to in clause 18 of the law.
Speaking at a press conference on Thursday, Miller said he was denied an opportunity to express his concerns in the House because of changes to the order paper. Miller stated that, despite knowing that he had concerns, after he left because of a prior engagement in his constituency the government altered the order paper.
“Having started very late and taken a more than two hour lunch, the government was forced to sit late but the two bills with which I had concerns had not been scheduled to be debated after I left. Having been in the house since 9:30 that morning and waiting on government’s timetable, I was unable to remain for the late sitting after the House hours had already drawn to a close because of a constituency engagement. The minister knew I had objections and concerns and was going to propose amendments to address them when the House was due to meet this Friday. Instead, the government opted to debate these bills in my absence.”
Miller pointed to a transcript of the LA proceedings, where the former premier appears to have instructed the health minister to move both the health practitioners and human organ bills up the order paper.“I thought there was an agreement that we would do two health bills,” Mckeeva Bush, asked the speaker during the late session. “If we don’t read that then you are going to have your backside bust … Ezzard come back and he’ll pass them bill … you better read what I am trying to tell you,” he added. As a result, Health Minister Mark Scotland presented the two bills, which form part of government’s agreement with Dr Devi Shetty, and took them through to the second reading.
Miller said that he would be pressing for both of the bills to be considered by a select committee of the LA, but in particular the human tissue bill, which would give the legislators time to carefully review the language of the legislation and address the problems he believes the law presents. The North Side member said that he is genuinely concerned that the law as written will allow for the sale of human tissue, which is an extremely dangerous situation and against numerous international treaties that Cayman is party to.
“My concern is that the bill, if passed into law, would allow the buying and selling of human tissue and organs. I am also concerned with the composition of the human tissue transplant council which will be appointed by politicians in Cabinet. Who is going to prescribe persons or classes of persons other than registered medical practitioners that could remove tissue and authorised tissue removal?” he asked.
Citing a list of amendments that he feels should be made, Miller said he hopes that if the government will not allow these issues to be discussed during a select committee hearing, that government will allow the amendments to be made during the committee stage process of the bill’s passage.
“I am so concerned about the bill becoming law in its present form that I suggested to the minister that the bill be withdrawn until the questions can be addressed,” Miller added.However, the minster has denied that the law allows for the sale of human tissue and regulates the financing or payment in relation to the removal and transfer of organs not for the organs themselves.
Speaking at a press briefing on Thursday, Scotland said the legislation does not allow the sale of organs or tissue, which he said is prohibited. He said it would pave the way for future transplants in Cayman in the long term but in the short term it would allow patients in this jurisdiction to get on to international lists for transplant once the law is in place and has already assisted some people in need of transplant.
Scotland said that he would be clarifying clause 18 that suggests people other than doctors may be able to remove or authorize removal of tissue before the committee stage of the bill.
