Clause 59
Human Fertilisation and Embryology Bill [Lords]
1:00 pm
Mark Simmonds (Shadow Minister, Health; Boston and Skegness, Conservative)
I beg to move amendment No. 178, in clause 59, page 49, line 23, at end insert—
‘(2C) Not for profit bodies can only recoup the costs incurred—
(a) initiating or taking part in negotiations with a view to the making of a surrogacy arrangement, or
(b) compiling any information with a view to its use in making, or negotiating the making of, a surrogacy arrangement.’.
Clause 59 brings us back to surrogacy arrangements, which are not enforceable in law, as the Minister correctly said. The Surrogacy Arrangements Act 1985 prohibits organisations or people, other than intended parents or surrogate mothers, from undertaking certain activities relating to surrogacy on a commercial basis, and that is absolutely correct.
Not-for-profit bodies can charge a fee to initiate negotiations with a view to making surrogacy arrangements and compiling information about surrogacy. However, they are not allowed to receive payments for offering to negotiate a surrogacy arrangement or for taking part in negotiations about them. However, they are allowed to do such things if there is no charge. There is thus potential for cross-subsidisation, with not-for-profit organisations charging more for the activities for which they are able to charge so that they can undertake those activities for which they are not able to charge.
The amendment would ensure that cross-subsidy was prevented, and that charges that were allowed for initiating negotiations or providing information could be commensurate only with the costs incurred in fulfilling those specific roles, and not in generating revenue so that not-for-profit organisations could get involved in other things.