Clause 19
Human Fertilisation and Embryology Bill [Lords]
3:00 pm
Mark Simmonds (Shadow Minister, Health; Boston and Skegness, Conservative)
Again, I shall be brief; these are probing amendments. Perhaps the Minister could clarify why on page 15 there seems to be some duplication. In clause 19A there are four distinct categories:
“In the case of a decision to grant a licence, the Authority shall give notice of the decision to—
(a) the applicant, and
(b) the person who is to be the person responsible”.
and those seem to be exactly the same for the four categories: granting, revocation and the two types of variation. I understand that in clause 19A(7) a distinction is drawn with subsections (2) and (4), but I cannot see why it is broken down into four distinct categories under 19A and not two or three. The people who must be notified after decisions are taken are exactly the same. That is the purpose of amendment No. 144.
Amendment No. 145 has been tabled because there are clearly delays that can be damaging both to business and research—particularly the latter as research grants elapse after a certain period of time. Under the current provisions, the authority can take as long as it chooses to decide whether to grant or refuse a licence. The amendment would ensure that the authority understands that it would be helpful if a specific time period—specified in the regulations after consultation—could be set out to help provide clarity. Perhaps the Minister and her officials could give that some thought.
Most public bodies have specific time scales within which they must respond. For example, the Department of Health is supposed to respond to correspondence from MPs within 20 days. I am sure that the Minister will be the first to acknowledge that that is not always the case, but attempts are always made to ensure that the time scale is met. There is concern within the industry—if I can call it that—that there may have been unacceptable and unreasonable delays in specific circumstances. I would not seek to specify the time period in the Bill; that will have to come through discussions and be put through regulations after consultation. However, it is a key point and requires addressing.