House of Commons Public Bill Committee Proceedings

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Session 2007 - 08
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Other Bills before Parliament

Public Bill Committee Proceedings: 5th June 2008
21

Human Fertilisation and Embryology Bill [Lords] continued

      (3)
Condition B is that—

(a)
the person responsible under the licence (“R”) has taken all

reasonable steps to contact the person falling within sub-

paragraph (1)(b) (“P”) but has been unable to do so,
235
(b)
R does not have any reason to believe P to have died, and

(c)
the information relating to P that is available to R does not

suggest that P would have objected to the use of P’s human

cells to bring about the creation in vitro of an embryo or

human admixed embryo for use for the purposes of the
240
project.

      (4)
Condition C is that—

(a)
the person falling within sub-paragraph (1)(b) (“P”) has

died since P’s human cells were first stored,

(b)
the information relating to P that is available to the person
245
responsible under the licence (“R”) does not suggest that P

would have objected to the use of P’s human cells to bring

about the creation in vitro of an embryo or human admixed

embryo for use for the purposes of the project, and

(c)
a person who stood in a qualifying relationship to P
250
immediately before P died has given consent in writing to

the use of P’s human cells to bring about the creation in

vitro of an embryo or human admixed embryo for use for

the purposes of the project.

      (5)
The HTA consent provisions apply in relation to consent for the
255
purposes of sub-paragraph (4)(c) as they apply in relation to consent

for the purposes of section 3(6)(c) of the Human Tissue Act 2004;

and for the purposes of this sub-paragraph the HTA consent

provisions are to be treated as if they extended to Scotland.

      (6)
In sub-paragraph (5) “the HTA consent provisions” means
260
subsections (4), (5), (6), (7) and (8)(a) and (b) of section 27 of the

Human Tissue Act 2004.

      (7)
In this paragraph references to the person responsible under the

licence are to be read, in a case where an application for a licence is

being made, as references to the person who is to be the person
265
responsible.

      (8)
Paragraphs 1 to 4 of this Schedule do not apply in relation to a

consent given for the purposes of sub-paragraph (4)(c).”’.

As Amendments to Dawn Primarolo’s proposed Amendment (No. 102):—

Dr Evan Harris

Not called  (a)

Line  206,  leave out ‘to a significant extent’.

Dr Evan Harris

Not called  (b)

Line  235,  leave out ‘have any reason to believe’ and insert ‘know’.

Public Bill Committee Proceedings: 5th June 2008
22

Human Fertilisation and Embryology Bill [Lords] continued

Mark Simmonds

Mr Andrew Lansley

Not called  7

Schedule  3,  page  66,  line  5,  at end add—

‘13A
After paragraph 15 (as inserted by paragraph 13 above) insert—

“Cases where consent not required for storage and research

15A
The human cells of a person (‘the donor’) may be used to bring

about the creation of an embryo or a human admixed embryo in

vitro; and any embryo or human admixed embryo so created may

be used or stored for the purposes of any project of research without

the donor’s consent if the following conditions are met:

(a)
Condition A is that the human cells are lawfully taken from

or provided by the donor;

(b)
Condition B is that the human cells were first stored or used

prior to the day on which Schedule 3 to the Human

Fertilisation and Embryology Act 2008 comes into force;

(c)
Condition C is that the human cells, embryos or human

admixed embryos are used in circumstances such that the

person carrying out the research (‘the researcher’) is not in

possession, and not likely to come into possession, of

information from which the donor can be identified;

(d)
Condition D is that it is not reasonably possible to contact

the donor to obtain their consent;

(e)
Condition E is that there are reasonable grounds for

believing that research of comparable effectiveness cannot

be carried out if the project of research for which the human

cells, embryos or human admixed embryos are stored or

used has to be confined to, or related only to, material in

relation to which there is an effective consent; and

(f)
Condition F is that it does not appear to the researcher that

the donor has indicated any objection to such use or storage

(as applicable).”.’.

Dawn Primarolo

Agreed to  103

Schedule  3,  page  66,  line  31,  at end insert—

    ‘(5)
References in this Schedule to parental responsibility are—

(a)
in relation to England and Wales, to be read in accordance with the

Children Act 1989,

(b)
in relation to Northern Ireland, to be read in accordance with the

Children (Northern Ireland) Order 1995, and

(c)
in relation to Scotland, to be read as references to parental

responsibilities and parental rights within the meaning of the Children

(Scotland) Act 1995.

      (6)
References in this Schedule to capacity are, in relation to England and Wales,

to be read in accordance with the Mental Capacity Act 2005.

      (7)
References in this Schedule to the age of 18 years are, in relation to Scotland,

to be read as references to the age of 16 years.’.

Public Bill Committee Proceedings: 5th June 2008
23

Human Fertilisation and Embryology Bill [Lords] continued

Schedule, as amended, Agreed to.

Mark Simmonds

Not called  33

Schedule  4,  page  67,  line  8,  after ‘gametes’, insert ‘including the mitochondria,’.

Schedule Agreed to.

Mark Simmonds

Mr Andrew Lansley

Withdrawn  5

Clause  15,  page  11,  line  47,  leave out ‘ten’ and insert ‘seven’.

Mark Simmonds

Not called  34

Clause  15,  page  12,  line  3,  leave out ‘ten’ and insert ‘seven’.

Clause Agreed to.

Dawn Primarolo

Agreed to  41

Clause  16,  page  12,  line  14,  at end insert—

‘( )
in paragraph (c), after “application” insert “or a licence under paragraph

3 of that Schedule authorising activities in connection with the derivation

from embryos of stem cells that are intended for human application”, ’.

Dawn Primarolo

Agreed to  42

Clause  16,  page  12,  line  15,  after ‘(ca)’ insert ‘— (i)’.

Dawn Primarolo

Agreed to  43

Clause  16,  page  12,  line  16,  at end insert—

‘(ii)
after “that Schedule” insert “authorising activities otherwise than

in connection with the derivation from embryos of stem cells that

are intended for human application”, and’.

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 5th June 2008
24

Human Fertilisation and Embryology Bill [Lords] continued

Mark Simmonds

Withdrawn  142

Clause  17,  page  12,  line  23,  at end insert—

‘(1A)
In subsection (1)(b) for “equipment is” substitute “equipment and premises are”’.

Clause Agreed to.

Mark Simmonds

Withdrawn  143

Clause  18,  page  13,  line  29,  after ‘person’, insert ‘and is so qualified by training

and experience’.

Clause Agreed to.

Mark Simmonds

Withdrawn  144

Clause  19,  page  15,  line  12,  leave out subsection (7).

Mark Simmonds

Not called  145

Clause  19,  page  15,  line  14,  at end insert—

‘(8)
Notification to the applicant of a decision whether to grant or refuse a licence

must be given within a specified time period to be determined by regulation.’.

Clause Agreed to.

Mark Simmonds

Withdrawn  146

Clause  20,  page  15,  line  38,  at end insert—

‘(2A)
No more than four consecutive suspensions under subsection (1) can be granted,

totalling a maximum period of twelve months.’.

Mark Simmonds

Withdrawn  147

Clause  20,  page  16,  line  4,  at end insert—

‘(6)
During a period of suspension all necessary, suitable and appropriate steps must

be taken by the Authority to ensure there is no damage to the cells, embryos and

gametes that were the responsibility of the licence holder or person responsible

when the licence was suspended.’.

Clause Agreed to.

Public Bill Committee Proceedings: 5th June 2008
25

Human Fertilisation and Embryology Bill [Lords] continued

Mark Simmonds

Withdrawn  148

Clause  21,  page  17,  line  2,  leave out from ‘wholly’ to ‘and’ in line 3 and insert ‘of

persons who were not members of the initial grant, revocation or variation committee.’.

Mark Simmonds

Withdrawn  149

Clause  21,  page  17,  line  32,  at end insert ‘within 28 days of the appeals committee

meeting.’.

Clause Agreed to.

Dr Vincent Cable

Dr John Pugh

Not called  13

Clause  22,  page  18,  line  15,  at end insert—

‘(3A)
After subsection (4) insert—

“(4A)
In default of the exercise of the Authority of its power to make a direction

under this section, a judge of the High Court may give permission for

gametes stored under Schedule (3)(1)(2A) of this Act to be used within

the UK or exported and used outside the United Kingdom.”.’.

Clause Agreed to.

Mark Simmonds

Mr Andrew Lansley

Withdrawn  6

Clause  24,  page  20,  line  10,  at end insert—

‘(5)
A relevant individual can also be an individual who has reached the age of 18

whose genetic parent was a relevant individual under subsection (4) but did not

themselves consult the register and is themselves deceased.’.

Mark Simmonds

Not moved  35

Clause  24,  page  22,  line  17,  at end insert—

‘(c)
the donor has been given suitable opportunity to receive proper

counselling about the implications of such a request having been made.’.

Dawn Primarolo

Agreed to  44

Clause  24,  page  23,  line  7,  leave out ‘any of’.

Public Bill Committee Proceedings: 5th June 2008
26

Human Fertilisation and Embryology Bill [Lords] continued

Mark Simmonds

Withdrawn  36

Clause  24,  page  23,  line  42,  at end insert—

‘(10)
In this section “reasonable period” means a period of no longer than 3 months’.

[Adjourned till Tuesday 10th June at 10.30 a.m.