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Human Fertilisation and Embryology Bill [Lords] continued

Dr Evan Harris

169

Clause  54,  page  46,  line  20,  after ‘applicants’, insert ‘(or in the case of a single

person, the applicant)’.

Dr Evan Harris

170

Clause  54,  page  47,  line  10,  after ‘by’, insert ‘a single person or by’.

Mark Simmonds

177

Clause  54,  page  47,  line  13,  after ‘wife’, insert ‘who, in the case of couples who are

neither married nor in a civil partnership, must have been in a relationship for a minimum

period of twelve months.’.

Dawn Primarolo

104

Schedule  6,  page  72,  line  25,  at end insert—

‘Population (Statistics) Act 1938 (c. 12)

A1  (1)

In the Schedule to the Population (Statistics) Act 1938 (particulars which may

be required), in paragraph 1 (which relates to the registration of a birth)—

(a)	in paragraph (b), after “child,” insert “or as a parent of the child by

virtue of section 42 or 43 of the Human Fertilisation and Embryology

Act 2008,”, and

(b)	in paragraph (c)—

(i)	in sub-paragraph (i), after “marriage” insert “or of their

formation of a civil partnership”, and

(ii)	at the beginning of each of sub-paragraphs (ii) and (iii) insert

“where the parents are married,”.

(2)	Sub-paragraph (1)(b)(ii) does not extend to Scotland.’.

Mark Simmonds

178

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.’.

Public Bill Committee: 10th June 2008

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Human Fertilisation and Embryology Bill [Lords] continued

Mark Simmonds

179

Clause  59,  page  49,  line  38,  leave out subsection (7).

Mr Tom Clarke

152

Clause  60,  page  50,  line  1,  leave out from ‘(2)’ to end of line 2 and insert ‘after “or

human embryos”, insert “but includes human admixed embryos”.’.

Dawn Primarolo

105

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

106

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.”.’.

Dawn Primarolo

107

Schedule  7,  page  99,  line  27,  at end insert—

‘	In section 15 of the 1990 Act (conditions of research licences) after subsection

(4) insert—

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“(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.”’.

Dawn Primarolo

108

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’.

Dawn Primarolo

109

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.”’.

Dawn Primarolo

110

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.

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Human Fertilisation and Embryology Bill [Lords] continued

(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.’.

Dawn Primarolo

111

Schedule  7,  page  102,  line  14,  after ‘embryo)’ insert ‘or would require such

consent but for paragraphs 15B and 15F of that Schedule’.

Dawn Primarolo

112

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’.

Dawn Primarolo

113

Schedule  7,  page  102,  line  28,  at end insert ‘or would require such consent but for

paragraphs 15B and 15F of that Schedule’.

Dawn Primarolo

114

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.”’.

Public Bill Committee: 10th June 2008

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Human Fertilisation and Embryology Bill [Lords] continued

Dawn Primarolo

115

Schedule  8,  page  103,  column 2, leave out lines 15 and 16 and insert—

‘In section 12—

(a)	in subsection (1)(c), the words “or non-

medical fertility services”, and

(b)	in subsection (2), the word “and” at the end

of paragraph (a).’.

Dawn Primarolo

116

Schedule  8,  page  103,  line  21,  column 2, at end insert—

‘In section 14A(1), the word “and” at the end of

paragraph (a).’.

Dawn Primarolo

117

Schedule  8,  page  103,  line  26,  column 2, at end insert—

‘In section 31A(1), the word “and” at the end of

paragraph (a).’.

Mr David Amess

120

Schedule  8,  page  104,  leave out lines 2 to 3.

Dawn Primarolo

62

Clause  67,  page  52,  line  9,  at end insert—

‘( )	Subsection (2) is subject to paragraph A1(2) of Schedule 6.’.

Dawn Primarolo

63

Clause  69,  page  52,  line  31,  leave out subsection (2).

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new clauses not relating to the termination of pregnancy by registered

medical practitioners

Birth certificates in cases involving assisted reproduction

Mark Simmonds

Mr Andrew Lansley

Robert Key

NC1

To move the following Clause:—

‘The Secretary of State shall by regulation make provision for the birth certificate

of a person born as a consequence of—

(a)	treatment services other than basic partner treatment services, or

(b)	the procurement and distribution of any sperm (other than partner-

donated sperm that has not been stored) in the course of providing non-

medical fertility services,

to indicated these facts, either through—

(a)	a symbol to denote the fact of donor conception, or

(b)	the provision of a detailed birth certificate to include the fact of donor

conception and an abridged certificate that does not.’.

Extension of statutory storage period for treatment of blood relatives

Andrew Stunell

Dr Evan Harris

NC2

To move the following Clause:—

‘(1)	The Human Fertilisation and Embryology (Statutory Storage Period) Regulations

(S.I. 1991/1540) are amended as follows.

(2)	In regulation 2(1) for “paragraph (2)” substitute “paragraphs (2) and (2A)”.

(3)	After regulation 2(2) insert—

“(2A)

The circumstances referred to in paragraph (1) are that the gametes were

provided by a person who has given written consent for them to be used

by another person—

(a)	who is a blood relative of the person providing the gametes,

(b)	whose fertility was, in the written opinion of a registered medical

practitioner, significantly impaired on the date on which the

gametes were provided, and

(c)	who was aged under 45 on the date on which the gametes were

provided.”.’.

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Donation of umbilical cord blood

Mr David Burrowes

Mark Durkan

Mr Andrew Dismore

David Taylor

Mr Lee Scott

Robert Key

NC3

To move the following Clause:—

‘(1)	It shall be the duty of the Secretary of State to—

(a)	encourage women to donate their umbilical cord blood after birth;

(b)	increase the awareness of the value of umbilical cord blood for the

treatment of diseases and for further research of new treatment methods;

using cord blood stem cells;

(c)	promote the collection of cord blood from specific shortage groups,

including minority groups including mixed race families where there is a

history of diseases, treatable by cord blood.

(2)	It shall be a requirement for doctors to inform pregnant women of the benefits of

collection and storage of cord blood.’.

Meaning of ‘cloning’

Mr David Amess

NC4

To move the following Clause:—

‘( )	In section 2(1) of the 1990 Act (other terms) after the definition of “basic partner

treatment services” insert—

“cloning”   means   a   human   being    reproduced   artificially    from    the     donor

cell/s of another human being (alive or dead), termed the “donor” to

produce another human being closely resembling or being genetically

identical to, or similar to the donor.’.

Further general functions of Authority

Dr Brian Iddon

Dr Desmond Turner

Dr Ian Gibson

NC5

To move the following Clause:—

‘In section 8(1) of the 1990 Act (general functions of the Authority) after

paragraph (a) insert—

“(aa)

give advice or make submissions to the Parliamentary Human

Fertilisation and Embryology Committee established under

---

Revised 10 June 2008