Schedule 5
Human Fertilisation and Embryology Bill [Lords]
12:30 pm
Mark Simmonds (Shadow Minister, Health; Boston and Skegness, Conservative)
I have a couple of questions about the schedule, which provides detail on inspection, entry, search and seizure. First, are the premises searched and the dates on which they are searched publicised? Is it public information? Is compensation paid if search and seizure has taken place but there was no prosecution or variation in licence? That is one reason why I asked a little earlier—a question that the Minister could not today answer—how many seizures have taken place since the 1990 Act came into force.
Secondly, how much notice, if any, needs to be given for entry under the schedule, or is it merely random, with those doing the inspection turning up as and when they see fit? Indeed, it may be sensible for someone to be there to demonstrate that there is nothing wrong or untoward with the licence.
If my understanding is correct, provisions in earlier parts of the Bill allow third parties to be contracted by the HFEA to enter and inspect premises under the schedule. Will permission need to be granted by the authority for those arm’s length bodies to undertake that work in individual cases, or will it be a block contract, with the bodies inspecting on behalf of the HFEA acting on their own discretion?
The Minister answered my question about two years, but I want clarification of a further matter in relation to paragraph 7(1)(a) to proposed schedule 3B about seizure in the course of inspection. I am puzzled as to why the HFEA or a body acting on its behalf would want seize anything when granting a licence or varying a licence at the request of a person who already has one. I understand why seizure might be applicable in revocation or suspension cases, particularly if it is to be used for evidence for the proceedings detailed in paragraph 7(2) to proposed schedule 3B.