Forced Live Organ Extraction

Carol Monaghan Excerpts

Tuesday 26th March 2019 Westminster Hall

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

I am pleased to participate in this important debate, and I extend my warm thanks to the hon. Member for Strangford (Jim Shannon) for securing it. He set out a comprehensive and convincing case, as did other hon. Members, concerning forced live organ donation in China. We have heard from several hon. Members about the allegations of forced live organ extraction from prisoners in China. We have heard, for at least the past decade, about the alleged victims being members of religious and ethnic minorities.

Forced organ removal is when people are killed so that an organ can be removed—with the recipients being, apparently, wealthy Chinese people or transplant tourists who travel to China and pay substantial sums to receive transplants. The waiting times for such transplants are short, and it seems that vital organs can even be booked in advance. As the hon. Member for Strangford pointed out, the China tribunal, which has investigated this, has issued an interim judgment stating that it is

“sure beyond reasonable doubt—that in China forced organ harvesting from prisoners of conscience has been practised for a substantial period of time involving a very substantial number of victims.”

We also heard that from the hon. Members for Congleton (Fiona Bruce) and for Manchester, Gorton (Afzal Khan). That is absolutely horrific and an affront to all that is decent. Quite frankly, it is the sort of thing that one would expect to read about in a science-fiction novel.

Around 2006, a report was published giving credence to the claims that the Chinese authorities were indeed removing organs from executed members of the Falun Gong. At that time, the Chinese authorities acknowledged that organs had been taken from executed prisoners, but only with their consent. However, the European Parliament disputed China’s official version of events and passed a motion condemning the state sanctioning of organ removal from non-consenting prisoners of conscience, including from large numbers of Falun Gong practitioners who were imprisoned for their religious beliefs. The figure for transplants—we will probably never know the true figure—is somewhere between 40,000 and 90,000, as the hon. Member for Strangford set out.

[Carol Monaghan (Glasgow North West) (SNP)]

Given that that first report was published in 2006, does my hon. Friend agree that the UK is 13 years overdue in calling for an inter-governmental investigation into Chinese practices?

--- Later in debate ---

[Mark Field]

There is clearly something in the water that gives these late March babies an interest in human rights. Both those hon. Members and others have raised major concerns about live organ extraction going back many years. I commend their characteristic dedication and welcome the opportunity to set out the Government’s position. The hon. Member for North Ayrshire and Arran (Patricia Gibson) put on pressure when she said that we need to do more about the situation. We can work together with officials. I will set out the position, which I suspect may not be entirely satisfactory in the eyes of some of those who have contributed. As Minister, my commitment is to try and raise the profile of the issue internationally—not necessarily ramp up the pressure—because only when we work internationally can we make a genuine impact on the broader ethics of organ harvesting, as well as on the specifics about what we do with the WHO and other United Nations-related organisations.

In her brief contribution, the hon. Member for Bishop Auckland referred to broader Government concerns about the human rights situation in Xinjiang province, in north west China, and about wider reports about restrictions on freedom of religion and belief. Many Members will be aware about the Government’s extensive concerns about the situation in Xinjiang, which I discussed and debated with Members in this Chamber as recently as 29 January. There are credible reports that over 1 million Uyghur have been held in extrajudicial camps in Xinjiang and have faced a plethora of restrictions on their cultural and religious freedoms.

We also have substantial evidence of persecution of other religious minorities, including Christians, a range of Muslims from different sects, Buddhists and Falun Gong practitioners. They all face persecution and interference in their places of worship, their religious teaching and their customs. The UK Government are deeply concerned by the situation. In the last year no fewer than three different Ministers, including myself, have raised our concerns about human rights directly with our Chinese counterparts when visiting Beijing or at various international and public forums. At this month’s session of the UN Human Rights Council our Minister for Human Rights, Lord Ahmad, raised our concerns about Xinjiang in his opening address. The UK also raised the issue in our national statement and we co-sponsored a side event focusing on human rights in Xinjiang.

On the specific issue of Chinese state-sanctioned or state-sponsored organ harvesting, Members outlined concerns about the sheer number of transplants taking place in China, which far exceeds the publicly reported supply of organs available. Some have suggested that the reason for that must be Chinese state-sponsored and sanctioned organ harvesting. Others have alluded to reports that the supposed donors are held extrajudicially and murdered on demand to supply organs to wealthy Chinese and foreign patients. If true—we have to recognise that there has to be evidence—these practices would be truly horrifying. We need to properly and fully investigate such reports and allegations, and establish the facts.

It is certainly the case that China’s organ transplant policy and system is far from transparent, as we would understand it in this part of the world. We are also aware of the cultural sensitivities in China regarding voluntary organ donation, and that the number of registered donors is low.

[Carol Monaghan]

I congratulate the hon. Member for Strangford (Jim Shannon) on bringing the debate. Does the Minister agree that the UK has a duty to update legislation—specifically the Human Tissue Act 2004—so that we can prevent UK citizens from travelling to China and participating in forced live organ donation, whether knowingly or not? The Minister has raised the issue of the doubts over what is happening. While those doubts exist, surely we must be doing more here to prevent people travelling to China.

[Mark Field]

I will come to the hon. Lady’s points later in my speech—there is a specific passage about that. We recognise that there are international comparators, as referred to by my hon. Friend the Member for Congleton, which I would like to explore. I do not want to commit further than that, as I suspect it may be a Home Office or public health matter. My hon. Friend and the hon. Lady have made very serious points about ethics, and I will come to them.

It would appear that, in the past, a significant proportion of organs were routinely taken from executed prisoners without prior consent. China committed to stopping this practice from January 2015. While this was an important and positive step, there are still fundamental ethical questions about the ability of condemned prisoners in China to give free and valid consent. Indeed, China’s use of the death penalty is itself a subject of great concern, not least because there is no transparency about the number of executions it carries out. Many NGOs assess that China executes more people than the rest of the world combined, but no accurate figures are available. We advocate against the use of the death penalty worldwide in all circumstances, including in China and a number of other countries, including close allies. We do not just condemn the practice, but advocate against it.

Members today have outlined concerns that organs are not only being taken from executed death row prisoners, but also from prisoners of conscience, primarily Falun Gong practitioners, as well as other religious and ethnic minorities. Concerns have been raised that sometimes organs are removed while the victim is still alive, and without anaesthetic.

There is a growing body of research, much of which is very worrying. As the hon. Member for Strangford mentioned in his speech, one key source is the written analysis by David Kilgour, David Matas and Ethan Gutmann. My officials have studied their latest report carefully and consider it to be an important source of new information about China’s organ transplant system. It points out that it is extremely difficult to verify the number of organ transplants conducted in China each year, and to verify the sources of those organs. The report rightly questions the lack of transparency in China’s organ transplant system, but acknowledges the lack of incontrovertible evidence of wrongdoing. The authors make it clear that they have no smoking gun, or smoking scalpel, to prove their allegations, so they are forced to rely on assumptions and less-than-rigorous research techniques. Some of those assumptions, particularly the statistical assumptions, came up in hon. Members’ contributions, but they are still assumptions. We have to work on the basis of rigorous evidence—obviously, we are trying to develop as big a body of that as we can. Those research techniques include having to infer the scale of the organ transplant system from hospital promotional material and media reports, rather than properly corroborated data sources.