Schedule 7
Human Fertilisation and Embryology Bill [Lords]
Public Bill Committees, 12 June 2008, 1:30 pm
Amendment proposed: No. 105, in schedule 7, page 99, line 24, at end insert—
‘2A In section 7 of the 1990 Act (reports to Secretary of State) for subsection (1) substitute—
“(1) The Authority shall prepare—
(a) a report for the period beginning with the 1 August preceding the relevant commencement date (or if that date is a 1 August, beginning with that date) and ending with the next 31 March, and
(b) a report for each succeeding period of 12 months ending with 31 March.
(1A) In subsection (1)(a) “the relevant commencement date” means the day on which paragraph 2A of Schedule 7 to the Human Fertilisation and Embryology Act 2008 comes into force.
(1B) The Authority shall send each report to the Secretary of State as soon as practicable after the end of the period for which it is prepared.”’.—[Dawn Primarolo.]
Mark Simmonds (Shadow Minister, Health; Boston & Skegness, Conservative)
It would be helpful if, when responding to my brief contribution, the Minister will explain the amendment. My understanding is that it will merely necessitate a report being produced by the Human Fertilisation and Embryology Authority to the Secretary of State. I want to be sure that the annual report will be a public document and that it will be available for scrutiny, hopefully at the appropriate time for debate in Parliament. I clarify that the necessity to produce a report is not insisted on under the 1990 Act. It is a new provision that has been inserted into the Bill.
Dawn Primarolo (Minister of State (Public Health), Department of Health; Bristol South, Labour)
Section 7 of the 1990 Act requires the Human Fertilisation and Embryology Authority to produce an annual report. Currently, section 7(1) requires a report covering the year from August to July, reflecting the fact that the HFEA came into operation on 1 August 1991. The amendment is a technical, administrative provision. The Treasury’s financial reporting manual requires non-departmental public bodies, such as the HFEA, to produce an annual report to accompanying the body’s annual accounts.
It is therefore practical that we amend the reporting period to cover the financial year April to March, in line with the requirements of financial reporting manuals. It is a purely administrative requirement. There will be no change to the requirement that the Secretary of State lays the annual report or any other report under the schedule before Parliament. There has never been a requirement that the report will automatically be put down for debate, but it must be laid before Parliament after which time it will be open through the normal procedure in Parliament for hon. Members to debate it. Because such a change was not worth making in legislation in its own right, we are making such an amendment now to bring matters into line.
Amendments made: No. 106, in schedule 7, page 99, line 27, at end insert—
‘ In section 14A of the 1990 Act (conditions of licences: human application), in subsection (1)—
(a) omit the “and” at the end of paragraph (a), and
(b) at the end of paragraph (b) insert “, and
(c) every licence under paragraph 3 of that Schedule, so far as authorising activities in connection with the derivation from embryos of stem cells that are intended for human application.”.’.
No. 107, in schedule 7, page 99, line 27, at end insert—
‘ In section 15 of the 1990 Act (conditions of research licences) after subsection (4) insert—
“(5) If by virtue of paragraph 15F of Schedule 3 (existing cell lines) qualifying cells, as defined by paragraph 15F(2) of that Schedule, of a person (“P”) are used to bring about the creation in vitro of an embryo or human admixed embryo without P’s consent, steps shall be taken to ensure that the embryo or human admixed embryo cannot subsequently be attributed to P.”’.
No. 108, in schedule 7, page 100, leave out line 1 and insert—
‘(1) Section 31A of the 1990 Act (the Authority’s register of licences) is amended as follows.
(2) In subsection (1)—
(a) omit the “and” at the end of paragraph (a), and
(b) at the end of paragraph (b) insert “, and
(c) every licence under paragraph 3 of Schedule 2 authorising activities in connection with the derivation from embryos of stem cells that are intended for human application.”.
(3) In’.
No. 109, in schedule 7, page 100, line 41, at end insert—
‘(4ZB) A person under the age of 16 years shall have legal capacity to consent to the use of the person’s human cells in accordance with Schedule 3 to the Human Fertilisation and Embryology Act 1990 for the purposes of a project of research where the person is capable of understanding the nature of the research; and in this subsection “human cells” has the same meaning as in that Schedule.”’.
No. 110, in schedule 7, page 101, line 28, at end insert—
‘84B Application to use of human cells to create an embryo in vitro without adult’s consent
(1) The use of an adult’s human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of a project of research—
(a) without the adult’s consent, and
(b) where the adult is incapable,
is to be treated as an intervention in the affairs of an adult under this Act.
(2) Sections 2 to 5, 8, 11, 14 and 85 of this Act apply to decisions made under paragraphs 15B and 15D of Schedule 3 to the Human Fertilisation and Embryology Act 1990 (when consent to the use of human cells is not required due to adult being incapable of consenting) as they apply to decisions taken for the purposes of this Act.
(3) Section 51 of this Act does not apply to the use of an adult’s human cells to bring about the creation in vitro of an embryo or human admixed embryo for use for the purposes of a project of research.
(4) Section 83 of this Act applies to a decision made under paragraphs 15B and 15D of Schedule 3 to the Human Fertilisation and Embryology Act 1990 as if the person making the decision were exercising powers under this Act.
(5) Expressions used in this section and in Schedule 3 to the Human Fertilisation and Embryology Act 1990 have the same meaning in this section as in that Schedule.’.
No. 111, in schedule 7, page 102, line 14, after ‘embryo)’ insert
‘or would require such consent but for paragraphs 15B and 15F of that Schedule’.
No. 112, in schedule 7, page 102, line 18, leave out from beginning to ‘in’ in line 21 and insert
‘requirements imposed by Schedule 3 to the Human Fertilisation and Embryology Act 1990’.
No. 113, in schedule 7, page 102, line 28, at end insert
‘or would require such consent but for paragraphs 15B and 15F of that Schedule’.
No. 114, in schedule 7, page 102, line 34, at end insert—
‘Mental Capacity Act 2005 (c. 9)
In section 30 of the Mental Capacity Act 2005 (research), after subsection (3) insert—
“(3A) Research is not intrusive to the extent that it consists of the use of a person’s human cells to bring about the creation in vitro of an embryo or human admixed embryo, or the subsequent storage or use of an embryo or human admixed embryo so created.
(3B) Expressions used in subsection (3A) and in Schedule 3 to the Human Fertilisation and Embryology Act 1990 (consents to use or storage of gametes, embryos or human admixed embryos etc.) have the same meaning in that subsection as in that Schedule.”’.—[Dawn Primarolo.]