Clause 10
Human Fertilisation and Embryology Bill [Lords]
5:15 pm
Mark Simmonds (Shadow Minister, Health; Boston and Skegness, Conservative)
Again, I just have a few questions for the Minister. Will she clarify the exact possible workings of clause 10, which deals with contracting out to, and the setting up of, committees? The clause gives the authority the power to delegate and establish committees, and there is concern over the accountability and transparency of the process. Will the Minister tell us her thoughts on which committees the HFEA thinks it might be appropriate to set up? To whom would it delegate and on what terms, and what would be the relationship between the committees and the HFEA?
I also understand that the committees can include people who are not members of the HFEA, thereby potentially linking back to some of our discussions on earlier clauses about the appropriateness, the qualifications and the relevance of some of the people who may serve on the committees. Will the Minister explain exactly why it is necessary for the authority to be able to set up the committees? What has not worked well in the HFEA to date that makes it necessary? Why is it necessary to be able to bring in outside people who are not members of the authority?
I would also like to make sure that clause 10 will not allow the authority to move away from decisions licensed by the senior level in the authority and from responsibility for the code of practice. I understand that the purpose—again, it would be helpful if the Minister confirmed this—is to speed up the decision-making process. There is clearly concern about the time that some licensing decisions take, but it is important to maintain transparency and accountability. Some clinics have serious concerns about licensing being renewed at a purely executive level, not an authority level. A confirmation is needed that the appeal process will remain in place, despite the powers to delegate down, and that it will remain the same structure and fall to the people on the appeal panel, not the people who made the original decisions.
The Minister will also be aware of the context. There has been judicial criticism of the former chief executive. I do not want to go into detail, but it may in part drive some of the concerns. Of course I understand that a process is needed for speeding up decision-making for granting licences, but it would be helpful if she would confirm whether delegation applies to all categories set out in the Bill for which the HFEA has responsibility, which include licensing, variation, suspension and revocation.