Clause 8
Human Fertilisation and Embryology Bill [Lords]
5:00 pm
Mark Simmonds (Shadow Minister, Health; Boston and Skegness, Conservative)
I have one or two queries about the clause. It gives the HFEA the power to contract out particular functions to other Departments or public offices. How would the contracted-out bodies be accountable? It would be helpful if the Minister could give us an idea of which bodies might be involved? Will it be the Human Tissue Authority, the Department of Health or the Medicines and Healthcare products Regulatory Agency? In what circumstances does the Minister think that the powers would be necessary?
To make sure that my understanding of the Bill is correct, I must know whether contracting out will exclude licensing and the guidance of the HFEA, and that there will be no opportunities for licensing, for example. What about inspections? We discussed that earlier. They are not specific to the granting of a licence, but are relevant to it. Such matters go to the authority for discussion and consideration. Will issues be confined to a public authority or will the HFEA contract out to the independent sector, including the private sector? What criteria will be put in place by the Department of Health or will it be left to the HFEA to make sure that the contractee will have the relevant level of appropriate skills and expertise, experience and qualifications to do the particular job?
My third and final specific question about clause 8 concerns proposed new section 8C(2)(c) that states:
“it is a function of making subordinate legislation (within the meaning of the Interpretation Act 1978).”
Perhaps the Minister could clarify what is meant by subordinate legislation, and whether it is the same, or different, from regulation.