(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) - Clause 29
Human Fertilisation and Embryology Bill [Lords]
4:00 pm
Dawn Primarolo (Minister of State (Public Health), Department of Health; Bristol South, Labour)
No, I am not making that clear. The hon. Gentleman seeks to get me to make a general rule in a highly complex area of science. I have made myself quite clear. I am not taking responsibility for the scientific judgments and the understanding of those involved in such research. The clear indication that I am giving is that an embryo developing spontaneously from an egg is a rare occurrence—that is what I said in my letter, and it is true. Whether a researcher working on eggs would require a licence would depend on the specific project. For example, if a project used donated frozen eggs to analyse their components at a molecular level, the eggs would not necessarily be cultured, so there would be no chance of the parthenote developing. It is therefore not the case that every researcher working on eggs would need a licence from the HFEA. However, it is the researcher’s responsibility to be fully acquainted with the arrangements in the Act and to ensure that he or she complies with them.
This is a highly complex area. The steps to prosecution do not follow the normal criminal prosecution route—if I can put it that way—as there must be consent from the Director of Public Prosecutions, which is not common. The hon. Member for Oxford, West and Abingdon argues that there should be a general rule, licensed or not. The Government are trying to travel a narrow line by regulating where appropriate, but not allowing a caveat whereby some research might deem itself not to be covered by the Act and the offence. The responsibility goes squarely back to the researchers, the purpose of their research and the circumstances under which a licence should be acquired. If they have any doubts, they should refer them to the HFEA. That is the right place to put it.
To have a general rule means that we are in great danger of opening up areas of research that we intended to be regulated, but which are not regulated as we cannot get the legislation in line with all the objectives. This is a good, balanced and fair position to be in. It is not a new issue. It has worked over the period since the 1990 Act, and I see no reason why it should not work further. I do not suppose that I have convinced the hon. Member for Oxford, West and Abingdon with those comments, as he may hold very strong views on the matter, but I hope that at least he can clearly see the Government’s reasoning behind remaining at this position.