Clause 20
Human Fertilisation and Embryology Bill [Lords]
3:15 pm
Dawn Primarolo (Minister of State (Public Health), Department of Health; Bristol South, Labour)
Proposed new section 19C retains the right of the authority to suspend a licence, where it considers there are grounds to do so, for a period of three months and for further periods of three months after that, if it sees fit. In my view and in the experience of the authority, given the work that it has undertaken, that is the correct way to proceed and there should be no specification of the number of times that a suspension period has been repeated.
The hon. Member for Boston and Skegness touched on a case from June 2007 in which the HFEA used its powers to suspend a licence for three months, and then suspended it for another three months while it considered an updated report. He will be aware that there was interaction with the High Court in that case and a judicial review of the decision. I am sure he accepts that it is quite difficult to have a maximum period in such circumstances, because the suspension is needed until a decision is taken and there might be external factors to consider, such as judicial appeal or a High Court judgment.
Where we are is right. The period should be three months, with an option to suspend again. Clearly, we expect things to be speeded up—part of the flexibility given in the appeals procedure and the structure of the licensing committee is to ensure that matters are dealt with in that period. That will further reduce the time involved. However, to pick an exceptional case and then argue for a limit given those exceptional circumstances is incorrect. I hope the hon. Gentleman accepts that.
The hon. Gentleman then asked about the period for the appeal. The new provisions permit an appeal to be made within 14 days. Within the new framework for appeals, that will be set out in regulations. Safeguards remain in place to ensure that the suspension continues pending resolution of the appeal in order to protect public safety. It is right that we do not have a maximum period because of other interactions. It is right that we give the HFEA, as we have elsewhere in the Bill, the opportunity to speed up those considerations wherever possible. However, it would be unwise of us, with sometimes complex cases, to set a maximum period when the right resolution could not be achieved. We are talking about patient safety and quality of care. I hope that the hon. Gentleman accepts my comments.