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Human Fertilisation and Embryology Bill [Lords]
5:15 pm

Photo of Michael Penning

Michael Penning (Shadow Minister, Health; Hemel Hempstead, Conservative)

I will not detain the Committee for long. I find the clause quite interesting because of the ambiguous language in the Bill. It allows the authority to assist other public authorities and then, quite naturally, to charge them should it do so. I am conscious that  those bodies could be some of the ones that the authority has already contracted out to that could be charged for the work that the authority does for them. I am particularly concerned about proposed new section 8E(2), which states:

“Assistance provided by the Authority under this section may be provided on such terms, including terms as to payment, as it thinks fit.”

Could we be in a situation in which one department—the authority—is charging another part of Government, but they do not agree and therefore the work cannot be done? The measure is very ambiguous. This is the second time this afternoon that we have seen such terminology—“as it thinks fit”—in the Bill, so will the Minister clarify it?

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