(Except clauses 4, 11, 14 and 23, Schedule 2, and any new Clauses or new Schedules relating to the termination of pregnancy by registered medical practitioners) - Schedule 3
Human Fertilisation and Embryology Bill [Lords]
2:00 pm
Evan Harris (Shadow Minister, Innovation, Universities and Skills; Oxford West and Abingdon, Liberal Democrat)
I have six brief issues to raise. I apologise to the Committee for having read the schedule, which is where I went wrong. I was hoping that the Committee could get away earlier.
My first question relates to the provisions on page 60 of the Bill, which amend paragraph 2 of schedule 3 to the 1990 Act. I was hoping that the Minister would explain the purpose of that measure and, in particular, whether it conflicts with a later paragraph—paragraph 6(4) of schedule 3 to the Bill, which is also on page 60 of the Bill and which introduces new sub-paragraph (3) to existing paragraph 4 of the 1990 Act. It states:
“Where the terms of any consent to the use of an embryo...include consent to the use of an embryo or human admixed embryo whose creation may be brought about in vitro using embryo A, that consent to the use of that subsequent embryo or human admixed embryo cannot be varied or withdrawn once embryo A has been used for one or more of the purposes mentioned in sub-paragraph (2)(a) or (b).”
Sub-paragraphs (2)(a) and (b) relate to treatment services and projected research.
Substituted sub-paragraph (5) on page 60 of the Bill states:
“In the case of a consent falling within sub-paragraph (4)(b), the terms of the consent may be varied, or the consent may be withdrawn, in accordance with this Schedule either generally or in relation to—
(a) a particular embryo or particular embryos, or
(b) a particular human admixed embryo or particular human admixed embryos.”
I just want reassurance. I do not have significant doubts that the Bill as amended is correct and that the Act will be correct, but it is not obvious—nor was I able to find it in the explanatory notes—why it seems that people can pick and choose their consent and withdraw consents around embryos, whereas elsewhere it says that they cannot withdraw once the process has been started.
I can understand why people do not want the expense of a research project doing something and consent being retrospectively withdrawn in the middle of the project. It just seems to me that there may be some inconsistency. I hope that I have explained that.