Clause 20
Human Fertilisation and Embryology Bill [Lords]
3:15 pm
Mark Simmonds (Shadow Minister, Health; Boston and Skegness, Conservative)
I beg to move amendment No. 147, in clause 20, page 16, line 4, at end insert—
‘(6) During a period of suspension all necessary, suitable and appropriate steps must be taken by the Authority to ensure there is no damage to the cells, embryos and gametes that were the responsibility of the licence holder or person responsible when the licence was suspended.’.
The amendment relates to the authority having the power to suspend a licence quickly and efficiently in cases where there are reasonable grounds for the terms of a licence perhaps having been broken. Obviously, for the authority to have that right is correct. However, is it right that during the suspension the people undergoing treatment at that centre could suffer or, worse, lose their embryos or gametes?
I am not sure from either the 1990 Act or the Bill whether there is a duty on the authority to ensure that clients are unaffected during a licence suspension and can continue treatment at other licensed premises. Therefore, there is a crossover in how that impacts on the confidentiality of information going between the two.
Also, what happens to the gametes and embryos stored in a facility that is ultimately closed or has its licence removed? Are they transferred automatically to another facility under the auspices and guidance of the HFEA, or are they just allowed to wither, so to speak?