Clause 6
Human Fertilisation and Embryology Bill [Lords]
4:45 pm

Photo of Dawn Primarolo

Dawn Primarolo (Minister of State (Public Health), Department of Health; Bristol South, Labour)

The intention behind the provision is not to implement the charging to which the hon. Members for Salisbury and for Boston and Skegness have referred. The clause provides for a discretion, not a duty. It is discretionary to charge a fee for advice provided under the clause when the advice requested from people to whom licences apply is greater—let me explain.

The provision is intended to allow the HFEA to recover costs that it has incurred in providing specialist advice. It was considered appropriate to make the power discretionary, which enables the HFEA to consider whether a charge is necessary. It is not about income generation. It is a discretionary levy that will be used only when appropriate, such as if a clinic wants to consider what systems it needs to put in place to comply with a European directive. It will be provided for within the national health service if we are required to move the entire service to comply with a particular European directive, or if a restructuring of the service is necessary. The amount of work generated for the HFEA by such a request could go way beyond the usual requests suggested by the hon. Members for Boston and Skegness and for Salisbury.

If the information provided by the HFEA goes beyond that by helping the structure of the business, it has the option to charge a fee. That power will be used sparingly because such a thing will occur only in rare circumstances, but none the less it will happen. The public purse would otherwise be under pressure and strain because of having to provide advice to private organisations on how to comply with requirements. That does not seem to be the correct way to proceed.

I absolutely understand the point made by the hon. Member for Salisbury. I imagine that he was thinking of clinics asking for information. We are talking specifically about them going beyond that and asking for much more detailed advice about compliance or structure.

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