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Martlew, Eric

Mates, Michael

Meacher, Michael

Meale, Alan

Michie, Mrs Ray (Arg'l & Bute)

Mitchell, Sir David

Moonie, Dr Lewis

Morley, Elliot

Mowlam, Marjorie

Mullin, Chris

Nellist, Dave

O'Brien, William

Orme, Rt Hon Stanley

Patchett, Terry

Pike, Peter L.

Powell, Ray (Ogmore)

Prescott, John

Primarolo, Dawn

Quin, Ms Joyce

Redmond, Martin

Reid, Dr John

Richardson, Jo

Robertson, George

Rogers, Allan

Ruddock, Joan

Sedgemore, Brian

Sheerman, Barry

Sheldon, Rt Hon Robert

Short, Clare

Skinner, Dennis

Smith, Andrew (Oxford E)

Smith, C. (Isl'ton & F'bury)

Snape, Peter

Steel, Rt Hon Sir David

Steinberg, Gerry

Strang, Gavin

Taylor, Mrs Ann (Dewsbury)

Taylor, Matthew (Truro)

Thomas, Dr Dafydd Elis

Turner, Dennis

Vaz, Keith

Wallace, James

Walley, Joan

Wardell, Gareth (Gower)

Wareing, Robert N.

Watson, Mike (Glasgow, C)

Welsh, Andrew (Angus E)

Welsh, Michael (Doncaster N)

Wigley, Dafydd

Williams, Rt Hon Alan

Williams, Alan W. (Carm'then)

Winnick, David

Worthington, Tony

Tellers for the Noes :

Mr. Frank Doran and

Mrs. Teresa Gorman.

Question accordingly agreed to.

Amendment made : No. 45, in page 16, leave out line 35.-- [Mr. Kenneth Clarke.]

Schedule 4

Status : Amendments of Enactments

Amendment made : No. 50, in page 32, line 35, at end insert Social Security Act 1975 (c. 14) 1A. In section 25(1) of the Social Security Act 1975 (widowed mother's allowance), for the words from "or" after paragraph (b) to the end there is substituted "or (

(c) if the woman and her late husband were residing together immediately before the time of his death, the woman is pregnant as the result of being artificially inseminated before that time with the semen of some person other than her husband, or as the result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs."

Social Security (Northern Ireland) Act 1975 (c. 15) 1B. In section 25(1) of the Social Security (Northern Ireland) Act 1975 (widowed mother's allowance), at the end there is inserted "or (

(c) if the woman and her late husband were residing together immediately before the time of his death, the woman is pregnant as the result of being artificially inseminated before that time with the semen of some person other than her husband, or as the result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs.".'.-- [Mr. Kenneth Ckarke.]

Clause 30

The Authority's register of information

Amendment made : No. 60, in page 17, line 21, at end insert (4A) Regulations cannot require the Authority to give any information as to the identity of a person whose gametes have been used or from whom an embryo has been taken if a person to whom a licence applied was provided with the information at a time when the Authority could not have been required to give information of the kind in question.'-- [Mr. Kenneth Clarke.]

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Clause 31

Information to be provided to Registrar General

Amendments made : No. 46, in page 17, line 38, after man', insert is or'.

No. 47, in page 17, line 42, leave out from disclose' to end of line 44 and insert

whether any information on the register kept in pursuance of section 30 of this Act tends to show that the man may be the father of the child by virtue of section 28 of this Act and, if it does, disclose that information'.-- [Mr. Kenneth Clarke.]

Clause 32

Restrictions on disclosure of information

Amendments made : No. 59, in page 18, line 16, at end insert-- (cc) in pursuance of an order of a court under section [Disclosure in interests of justice] or [Disclosure in interests of justice : congenital disabilities, etc.] of this Act,'.

No. 58, in page 18, line 35, at end insert--

(bb) so far as it identifies a person who, but for sections 27 to 29 of this Act, would or might be a parent of a person who instituted proceedings under section 1A of the Congenital Disabilities (Civil Liability) Act 1976, but only for the purpose of defending such proceedings, or instituting connected proceedings for compensation against that parent.'.-- [Mr. Kenneth Clarke.]

Clause 38

Offences

Amendment made : No. 51, in page 21, line 47, after Act' insert--

(bb) contravenes section 4(2A) of this Act.'.-- [Mr. Kenneth Clarke.]

Clause 40

Regulations

Amendments made : No. 52, in page 23, line 26, leave out second (3)'.

No. 53, in page 23, line 26, leave out or 4(2)' and insert 4(2) or (2A), (parental orders in favour of gamete donors), 30(4)(a), or (keeping and examining gametes and embryos in connection with crime, etc.)'.--[Mr. Kenneth Clarke.]

Clause 44

Short title, commencement, etc.

Amendment made : No. 55, in page 25, line 11, at end insert-- (4A) Schedule 4 to this Act (which makes minor and consequential amendments) shall have effect.'.-- [Mr. Kenneth Clarke.]

New clause 8

Keeping and examining gametes and embryos in connection with crime, etc.

(1) Regulations may provide--

(a) for the keeping and examination of gametes or embryos, in such manner and on such conditions (if any) as may be specified in regulations, in connection with the investigation of, or proceedings for an offence (wherever committed), or

(b) for the storage of gametes, in such manner and on such conditions (if any) as may be specified in

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regulations, where they are to be used only for such purposes, other than treatment services, as may be specified in regulations. (2) Nothing in this Act makes unlawful the keeping or examination of any gametes or embryos in pursuance of regulations made by virtue of this section.

(3) In this section "examination" includes use for the purposes of any test.'.-- [Mr. Kenneth Clarke.]

Brought up, read the First and Second time, and added to the Bill.

New clause 9

Parental orders in favour of gamete donors

(1) The court may make an order providing for a child to be treated in law as the child of the parties to a marriage (referred to in this section as "the husband" and "the wife") if--

(a) the child has been carried by a woman other than the wife as the result of the placing in her of an embryo or sperm and eggs or her artificial insemination,

(b) the gametes of the husband or the wife, or both, were used to bring about the creation of the embryo, and

(c) the conditions in subsections (2) to (7) below are satisfied. (2) The husband and the wife must apply for the order within six months of the birth of the child.

(3) At the time of the application and of the making of the order-- (a) the child's home must be with the husband and the wife, and (b) the husband or the wife, or both of them, must be domiciled in a part of the United Kingdom or in the Channel Islands or the Isle of Man.

(4) At the time of the making of the order both the husband and the wife must have attained the age of eighteen.

(5) The court must be satisfied that both the father of the child (including a person who is the father by virtue of section 28 of this Act), where he is not the husband, and the woman who carried the child have freely, and with full understanding of what is involved, agreed unconditionally to the making of the order.

(6) Subsection (5) above does not require the agreement of a person who cannot be found or is incapable of giving agreement and the agreement of the woman who carried the child is ineffective for the purposes of that subsection if given by her less than six weeks after the child's birth.

(7) The court must be satisfied that no money or other benefit (other than for expenses reasonably incurred) has been given or received by the husband or the wife for or in consideration of-- (a) the making of the order,

(b) any agreement required by subsection (5) above,

(c) the handing over of the child to the husband and the wife, or (d) the making of any arrangements with a view to the making of the order, unless authorised by the court.

(8) For the purposes of an application under this section-- (a) in relation to England and Wales, section 92(7) to (10) of, and Part I of Schedule 11 to, the Children Act 1989 (jurisdiction of courts) shall apply for the purposes of this section to determine the meaning of "the court" as they apply for the purposes of that Act and proceedings on the application shall be "family proceedings" for the purposes of that Act,

(b) in relation to Scotland, "the court" means the Court of Session or the sheriff court of the sheriffdom within which the child is, and

(c) in relation to Northern Ireland, "the court" means the High Court or any county court within whose division the child is.

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(9) Regulations may provide--

(a) for any provision of the enactments about adoption to have effect, with such modifications (if any) as may be specified in the regulations, in relation to orders under this section, and applications for such orders, as it has effect in relation to adoption, and applications for adoption orders, and

(b) for references in any enactment to adoption, an adopted child or an adoptive relationship to be read (respectively) as references to the effect of an order under this section, a child to whom such an order applies and a relationship arising by virtue of the enactments about adoption, as applied by the regulations, and for similar expressions in connection with adoption to be read accordingly, and the regulations may include such incidental or supplemental provision as appears to the Secretary of State necessary or desirable in consequence of any provision made by virtue of paragraph (a) or (b) above.

(10) In this section "the enactments about adoption" means the Adoption Act 1976, the Adoption (Scotland) Act 1978 and the Adoption (Northern Ireland) Order 1987.

(11) Subsection (1)(a) above applies whether the woman was in the United Kingdom or elsewhere at the time of the placing in her of the embryo or the sperm and eggs or her artificial insemination.'.-- [Mr. Kenneth Clarke.]

Brought up, and read the First time.

Motion made, and Question put, That the clause be read a Second time :--

The House divided : Ayes 231, Noes 130.

Division No. 243] [11.28 pm

AYES

Adley, Robert

Aitken, Jonathan

Alison, Rt Hon Michael

Allason, Rupert

Amess, David

Amos, Alan

Arbuthnot, James

Arnold, Jacques (Gravesham)

Arnold, Tom (Hazel Grove)

Ashby, David

Ashdown, Rt Hon Paddy

Atkins, Robert

Baker, Nicholas (Dorset N)

Baldry, Tony

Barnes, Mrs Rosie (Greenwich)

Batiste, Spencer

Beaumont-Dark, Anthony

Beggs, Roy

Bennett, Nicholas (Pembroke)

Benyon, W.

Blackburn, Dr John G.

Boscawen, Hon Robert

Boswell, Tim

Bottomley, Mrs Virginia

Bowden, A (Brighton K'pto'n)

Bowis, John

Boyson, Rt Hon Dr Sir Rhodes

Braine, Rt Hon Sir Bernard

Brandon-Bravo, Martin

Brazier, Julian

Bright, Graham

Brooke, Rt Hon Peter

Brown, Michael (Brigg & Cl't's)

Bruce, Ian (Dorset South)

Bruce, Malcolm (Gordon)

Budgen, Nicholas

Burns, Simon

Burt, Alistair

Butcher, John

Butterfill, John

Campbell, Menzies (Fife NE)

Carlile, Alex (Mont'g)

Carlisle, John, (Luton N)

Carlisle, Kenneth (Lincoln)

Carrington, Matthew

Cartwright, John

Chalker, Rt Hon Mrs Lynda

Channon, Rt Hon Paul

Chapman, Sydney

Chope, Christopher

Clark, Dr Michael (Rochford)

Clark, Sir W. (Croydon S)

Clarke, Rt Hon K. (Rushcliffe)

Coombs, Anthony (Wyre F'rest)

Couchman, James

Cunliffe, Lawrence

Currie, Mrs Edwina

Curry, David

Davies, Q. (Stamf'd & Spald'g)

Davis, David (Boothferry)

Day, Stephen

Devlin, Tim

Douglas-Hamilton, Lord James

Dover, Den

Dunn, Bob

Durant, Tony

Eggar, Tim

Fallon, Michael

Favell, Tony

Fearn, Ronald

Fishburn, John Dudley

Forman, Nigel

Forsyth, Michael (Stirling)

Forsythe, Clifford (Antrim S)

Forth, Eric

Fox, Sir Marcus

Franks, Cecil

Freeman, Roger

French, Douglas

Gale, Roger

Gardiner, George

Garel-Jones, Tristan

Gill, Christopher

Gilmour, Rt Hon Sir Ian

Glyn, Dr Sir Alan

Goodlad, Alastair

Goodson-Wickes, Dr Charles

Greenway, Harry (Ealing N)

Greenway, John (Ryedale)

Gregory, Conal

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