Clause 3
Human Fertilisation and Embryology Bill [Lords]
4:00 pm
Dawn Primarolo (Minister of State (Public Health), Department of Health; Bristol South, Labour)
Before we broke for lunch, I was responding to the hon. Member for Oxford, West and Abingdon on the subject of artificial gametes. I was explaining to the Committee that there is currently research into in vitro maturation and in vitro growth of gametes, and this involves taking immature eggs or sperm and maturing them in vitro. This could allow eggs to be matured from ovarian tissue and sperm from testicular tissue without the need for the tissue to be transplanted back into someone. It could also be used to treat certain types of infertility where there the development of the eggs or sperm is blocked.
The current definitions do allow gametes matured in vitro to be considered permitted. The Bill also allows research into the development of artificial gametes, including the ultimate test as to whether an artificial gamete is considered functional fertilisation. If an artificially derived sperm can fertilise an egg, or an artificially derived egg can be fertilised, the sperm or the egg could be described as functional. However, the hon. Gentleman, in quoting various references, including quite a lot of the debate in another place, did not do justice to the challenge that researchers face. A lot more research and reassurance would be required on the functionality of such gametes before it would be appropriate to use them in treatment.
The Government’s position is that, if research into artificial gametes demonstrates that they might effectively be used in treatment, this should of course be considered. However, our current view is that there is too little research into how these cells might be derived, and into the safety of such techniques, to be able to make an informed judgment about their use. The application of this technology would be highly significant. It would mean a baby being born having been created from cells other than eggs and sperm, and it is my view that it would not be appropriate to allow such a significant development without proper consultation and parliamentary scrutiny.
The hon. Gentleman touched on that himself when he quoted the British Medical Association. I disagree with the view of the BMA in that I think we need more than regulations—even affirmative ones—in order to discuss the matter. It is something that will significantly change the way people have children, and it is entirely appropriate that proper consideration is given to any decision about allowing it. The hon. Gentleman also touched on who, under the regulations, would be allowed such treatment, and whether the regulations could prescribe those who would be allowed access to this treatment if it turned out, in x years’ time, to be successful. Given all the complexities with regard to DNA and its development, and this particular route of research, could any regulations restrict those who would be entitled to apply for it?
First, any regulating power would need to be considered in the light of the need for the Government’s action to be compatible with the European convention on human rights. If the technology could be made available to same-sex couples and heterosexual couples—and there is a continual series of “if”s in these sentences—there would need to be a strong, objective justification for treating same-sex couples differently. I have to say to the hon. Gentleman, regardless of whom he has spoken to in his extensive discussions on this matter, that I am not aware of any such strong justification for the writing of a power to prevent access by some.
Of course, the point about discrimination is crucial. The use of this technology for heterosexual couples only would be difficult to justify objectively, but there are wider questions. This is fundamentally different. It raises different ethical issues to those raised on mitochondrial donation. The Government are not saying “no” to this ever happening in the future. We are saying that, at the point at which this research is, further work needs to be done, further consideration of the ethical and scientific reasons for pursuing it—