Mark Simmonds (Shadow Minister, Health; Boston & Skegness, Conservative)

Will the Minister help the Committee by saying how many times the powers of entry, search and seizure under warrant have been used between 1990 and the present time, and how many times they have resulted in prosecutions, if any? I think that the powers were granted under section 38 of the 1990 Act.

My understanding is that the clause allows for members of the authority to be in possession of embryos, gametes or human admixed embryos in the course of their employment. I just wondered what that means. Does it mean that members of the authority are allowed to seize embryos, gametes or human admixed embryos from licensed premises as part of their employment or that they can hold them separately in a different function? Will the Minister also confirm that this is only the case if the cells have been seized?

It would also be helpful if the Minister explained, in the context of the clause, the procedure for informing donors and owners of these embryos and gametes that they have been seized, and if she described the methods and places for their storage to prevent degeneration and loss. As well as seizing property, gametes and embryos from licensed premises, can the authority take control of a facility where it believes somebody has broken the clauses of the licence?

Evan Harris (Shadow Minister, Innovation, Universities and Skills; Oxford West & Abingdon, Liberal Democrat)

I want to raise the unfortunate recent case of Dr. Taranissi’s clinic and the HFEA. My understanding of the clause and new schedule 3B is that this is a significant move. It must be done carefully and not carelessly. In the Taranissi case, the appropriate steps were not taken when a sudden inspection entry involving search and seizure took place. It was unfortunate that it happened with television cameras from “Panorama” present down the street.

I am sure the Minister would agree that the clause covers a serious business and that inspections should not be carried out for the implied benefit of the media. The HFEA, which gets a lot of unfair criticism, should not be using its powers to have a public relations exercise to show “Panorama”, the BBC or any other broadcaster or media that it is being tough. The powers that it has speak for themselves. Implemented responsibly, they can do the job. I hope that the Committee agrees that there should be no repetition of that media circus in these matters. The HFEA was in court and had to settle a significant sum of money at the public expense for using the powers inappropriately.

Dawn Primarolo (Minister of State (Public Health), Department of Health; Bristol South, Labour)

Two sets of questions have been raised. The hon. Gentleman raised the Taranissi case and whether the current powers are being used correctly. The hon. Member for Boston and Skegness asked for clarification.

It is clearly not appropriate for me to comment on the case to which the hon. Member for Oxford, West and Abingdon referred. He speculates—I put it delicately—as have others, as to whether the powers of the HFEA, which I think he accepts are appropriate in the circumstances, were used appropriately in that case. That continues to be debated. The hon. Gentleman does not raise questions about the inappropriateness of the 1990 Act, as amended by this Bill, but he does raise issues that the HFEA needs to reflect on. The HFEA is following these proceedings carefully, and I am sure that it will note the points raised.

The requirement to inspect licensed premises at least every two years was set out in regulations under a European Union directive. Previously, the 1990 Act had provided for inspection every year, although that requirement could be waived by a licence committee, if the authority considered an inspection in that year to be unnecessary. All this clause does is bring those requirements for inspection, entry, search and seizure in line with the changes that the Bill makes regarding electronic records. It means that there is a regulating power to ensure that the legislation is future-proof. That power will enable the Secretary of State to specify what information should be contained in the appropriate statement given to a person on the premises during the execution of a warrant. The requirements and what actually happens are not being varied from the principle.

The hon. Member for Boston and Skegness asked for details of specific seizures or cases—how many times and where. I cannot remember what time period he asked about. I am afraid that I will have to write to the Committee with those statistics, as I do not have them to hand. He then asked what the possession of gametes means. It means that in the course of duty, HFEA staff could seize embryos but would not be exempt from needing a licence in other circumstances. As I tried to explain, we are bringing the new provisions in line with the existing framework.

The hon. Member for Oxford, West and Abingdon raised questions on a particular case, and while it is entirely inappropriate for me to comment on it, I will perhaps see, having consulted the HFEA, whether I can put in writing to the Committee something helpful with regard to the interpretation of its powers.