NEW legislation which could see doctors jailed for up to three years if they illegally retain patients' body parts after death is going through Parliament.

Here, Lisa Cresswell, of Worcester, who discovered the majority of her three-year-old son's organs had been retained without her consent, tells Evening News reporter Emma Cullwick why, for parents like her, the new legislation is of little comfort.

LISA Cresswell's nightmare began when Justin, one of her twin three-year-old sons, died at Birmingham Children's Hospital in June 1984, after he started haemorrhaging following open-heart surgery.

Justin's tragic young death was one of the most painful moments of Lisa's life and when she buried him she hoped she could lay him to rest in peace and start to try and rebuild her life.

But little did she know that her nightmare had just begun. She discovered that when she buried her son she was not burying him whole.

It wasn't until three years ago when the so-called "organs scandal" hit the headlines that Lisa discovered the majority of her son's organs had been taken against her consent - many of which were incinerated by medics.

"I buried him because he was a baby and I could not bear the thought of having him cremated," said Lisa, 45, of Checkett's Lane, Claines.

"Then I found out they took everything and I only buried his bones and flesh and they had already incinerated many of his organs."

The scandal revealed that thousands of organs were being stored by hospitals, most notoriously Alder Hey, Liverpool, and Bristol Royal Infirmary - with the hospitals failing to realise they were doing anything wrong.

An audit carried out in 2001 revealed 49 organs were being kept by Worcester Royal Infirmary and Kidderminster Health Care.

The new Human Tissue Bill had its first reading in the House of Commons last week, and aims to stop the diabolical organs scandal from happening again.

"For me, it's 20 years too late," said Lisa. "It's been three years since I found out and I am still very emotional about it.

"There's not a single day that goes by when it doesn't enter my mind.

"It is impossible to describe the way I feel, but can you imagine how you would feel, if it was your child, your mum, dad or grandparents?

"I have lost my son and I will never get all of him back. I will never have the peace that he is buried, and laid to rest as a whole in heaven."

She said Justin's surviving twin brother Ashley, now 22, has been deeply traumatised by the situation.

"He won't talk about it and has become very withdrawn, he's gone into himself," said Lisa, a phlebotomist. "It's changed his personality.

"It is a good thing to have this legislation and I pray to God it stops anything like this happening to anyone else. But for us, and thousands like us, it's far too late."

The new Bill will enhance the Human Tissue Act 1961, which England's Chief Medical Officer Professor Sir Liam Donaldson has described as "manifestly inadequate and out of date."

Prof Donaldson described the new proposals as attempting "to strike an acceptable balance between the rights and expectations of individuals and families, and broader considerations, such as the importance to the population as a whole of research, education, training, pathology and public health monitoring."

The proposals involve the requirement that "explicit" consent should be given for the removal of organs or tissue and that the human body and its parts should not be removed for "financial gain".

Doctors can be jailed for up to three years under the new legislation if they remove organs illegally and penalties will be enforced if they undertake certain activities such as DNA testing without consent.

The legislation is also expected to establish a new statutory body, the Human Tissue Authority (HTA).

Matt Redmond, the founder of the Stolen Hearts Bereaved Parents Group, which is still in the process of suing the NHS Trust which runs Birmingham Children's Hospital on behalf of Lisa and many other families, said legal sanctions were the way forward.

"I greet this with cautious welcome. It is excellent news but you have to bear in mind it takes ages for Bills to get through Parliament and it may end up being amended," he said.

"We have been fighting for four years for legislation like this to stop these barbaric acts.

"I would encourage people in Worcestershire to keep campaigning and to lobby their MPs to make sure they give this legislation their approval."

Richard Haynes, spokesman for Worcestershire Acute Hospitals NHS Trust, stressed that organs and tissue were not being kept illegally at any of the county's hospitals.

"We follow all the guidelines in place," he said. "Earlier this year we carried out a complete and thorough check of all our hospitals to satisfy ourselves that there is no inappropriately retained tissue or organ samples being stored, and all our findings came back clear.

"We are confident that there is nothing of that nature happening at our hospitals."

n Have you got a health story?

Health reporter Emma Cullwick would like to hear from you.

Call her on 01905 742254 or email her on ec@thisisworcester.co.uk