Clause 28
Human Fertilisation and Embryology Bill [Lords]
12:30 pm
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.