Clause 59
Human Fertilisation and Embryology Bill [Lords]
1:00 pm
Dawn Primarolo (Minister of State (Public Health), Department of Health; Bristol South, Labour)
We have discussed various elements of surrogacy as it relates to the Bill. Clause 59 amends the 1985 Act to clarify the position in law of non-profit making surrogacy organisations. It makes clear that they may charge for their services on a non-profit making basis, and enables them to advertise the services for which they may charge. Such bodies get involved in initiating negotiations with a view to making surrogacy arrangements, and compiling information about surrogacy with a view to its use in making or negotiating a surrogacy arrangement. We recognise that it is difficult for surrogacy organisations to provide a service for a small number of people who seek advice and help with surrogacy in the UK if they are unable to recoup the costs of providing those services.
The amendment would ensure that non-profit surrogacy organisations could recoup the costs incurred only for initiating or taking parting in negotiations with a view to making surrogacy arrangements, or compiling any information with a view to its use in making surrogacy arrangements. I reassure the hon. Gentleman that that is what the Bill does, albeit in a slightly different way.
Clause 59 says that an organisation may charge for certain activities, but only if it is
“not carried on for profit.”
It may charge for: initiating negotiations with a view to making a surrogacy arrangement; enabling interested parties to meet each other to discuss possible surrogacy arrangements; compiling information about surrogacy with a view to its use in making or negotiating a surrogacy arrangement; and establishing and keeping lists of people willing to be surrogates or intended parents.
I can absolutely assure the hon. Gentleman that subsections (2), (4) and (5) insert provisions into the 1985 Act that achieve exactly the intentions behind his amendment. I make it clear that the measure will allow organisations to recoup the costs of providing these services only on a not-for-profit basis. The provisions would enable not-for-profit organisations to charge for putting couples in touch with each other, but not for any more direct intervention in the discussion. I appreciate that that is a fine line—it is exactly the line that the hon. Gentleman wants to ensure is in place—but I assure him and the Committee that the amendments to the 1985 Act are not intended to turn surrogacy into a commercial industry. The arrangements will be kept exactly as they are. The 1985 Act contained firm steps to ban any commercialisation of surrogacy and that principle has not been changed.
I hope that those strong reassurances will satisfy the hon. Gentleman that we have stayed on the correct side of the fine line. I am grateful for the opportunity to spell that out clearly.