House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

7

House of Commons

Thursday 5th June 2008

Public Bill Committee Proceedings

Human Fertilisation and Embryology Bill [Lords]

(Except Clauses 4, 11, 14 and 23, Schedule 2, and any new Clauses or new Schedules relating

to the termination of pregnancy by registered medical practitioners)

[Third and Fourth Sittings]

Clause 13 Agreed to.

Dr Vincent Cable

Dr John Pugh

Withdrawn  12

Schedule  3,  page  59,  line  19,  leave out ‘sub-paragraph 2’ and insert ‘sub-

paragraphs 2 to 2(A)’.

Dawn Primarolo

Agreed to  64

Schedule  3,  page  59,  line  22,  leave out from ‘disability’ to ‘and’ in line 27 and

insert ‘(a “person unable to sign”), and any notice under paragraph 4 by a person unable

to sign varying or withdrawing a consent under this Schedule, is to be taken to comply

with the requirement of sub-paragraph (1) as to signature if it is signed at the direction of

the person unable to sign, in the presence of the person unable to sign’.

Dr Vincent Cable

Dr John Pugh

Not called  11

Schedule  3,  page  59,  line  28,  at end insert—

‘(2A)
A consent under this Schedule by a deceased person from whom gametes have

been retrieved posthumously may be deemed to have been given and not

withdrawn if the consultant from whom the couple together were receiving advice

or treatment confirms in writing that the deceased was, at the date of death, either

receiving treatment or receiving advice in respect of a clear and settled intention

to have a child with his partner.’.

Mark Simmonds

Withdrawn  27

Schedule  3,  page  59,  line  35,  after ‘storage’, insert ‘, embryo testing’.

Mark Simmonds

Withdrawn  28

Schedule  3,  page  59,  leave out lines 36 to 40.

Public Bill Committee Proceedings: 5th June 2008
8

Human Fertilisation and Embryology Bill [Lords] continued

Dawn Primarolo

Agreed to  65

Schedule  3,  page  60,  line  1,  leave out sub-paragraph (4) and insert—

    ‘(4)
For sub-paragraph (2) substitute—

  “(2)
A consent to the storage of any gametes, any embryo or any human

admixed embryo must—

(a)
specify the maximum period of storage (if less than the

statutory storage period),

(b)
except in a case falling within paragraph (c), state what is

to be done with the gametes, embryo or human admixed

embryo if the person who gave the consent dies or is

unable, because the person lacks capacity to do so, to vary

the terms of the consent or to withdraw it, and

(c)
where the consent is given by virtue of paragraph 8(2ZA)

or 14(2), state what is to be done with the embryo or human

admixed embryo if the person to whom the consent relates

dies,


and may (in any case) specify conditions subject to which the

gametes, embryo or human admixed embryo may remain in

storage.

    (2A)
A consent to the use of a person’s human cells to bring about the

creation in vitro of an embryo or human admixed embryo is to be

taken unless otherwise stated to include consent to the use of the

cells after the person’s death.

    (2B)
In relation to Scotland, the reference in sub-paragraph (2)(b) to the

person lacking capacity is to be read as a reference to the person—

(a)
lacking capacity within the meaning of the Age of Legal

Capacity (Scotland) Act 1991, or

(b)
being incapable within the meaning of section 1(6) of the

Adults with Incapacity (Scotland) Act 2000.”’.

Mark Simmonds

Not called  29

Schedule  3,  page  60,  line  36,  after ‘storage’, insert ‘, embryo testing’.

Mark Simmonds

Withdrawn  30

Schedule  3,  page  61,  line  32,  leave out ‘12’ and insert ‘36’.

Mark Simmonds

Not called  31

Schedule  3,  page  61,  leave out lines 35 to 39.

Dawn Primarolo

Agreed to  66

Schedule  3,  page  62,  line  12,  after ‘(b)’ insert ‘, (ba)’.

Dawn Primarolo

Agreed to  67

Schedule  3,  page  62,  line  15,  at end insert—

Public Bill Committee Proceedings: 5th June 2008
9

Human Fertilisation and Embryology Bill [Lords] continued

‘(3ZA)
If the Authority is satisfied that the parental consent conditions in paragraph

15A are met in relation to the proposed use under a licence of the human cells

of a person who has not attained the age of 18 years (“C”), the Authority may

in the licence authorise the application of sub-paragraph (3ZB) in relation to C.

(3ZB)
Where the licence authorises the application of this sub-paragraph, the

effective consent of a person having parental responsibility for C—

(a)
to the use of C’s human cells to bring about the creation of an embryo

in vitro for use for the purposes of a project of research, or

(b)
to the use for those purposes of an embryo in relation to which C is a

relevant person by reason only of the use of C’s human cells,


is to be treated for the purposes of sub-paragraphs (1) to (3) as the effective

consent of C.

  (3ZC)
If C attains the age of 18 years or the condition in paragraph 15A(3) ceases to

be met in relation to C, paragraph 4 has effect in relation to C as if any effective

consent previously given under sub-paragraphs (1) to (3) by a person having

parental responsibility for C had been given by C but, subject to that, sub-

paragraph (3ZB) ceases to apply in relation to C.

  (3ZD)
Sub-paragraphs (1) to (3) have effect subject to paragraphs 15B and 15F.’.

Dawn Primarolo

Agreed to  68

Schedule  3,  page  62,  line  16,  leave out ‘and (3)’ and insert ‘, (3) and (3ZB)’.

Dawn Primarolo

Agreed to  69

Schedule  3,  page  63,  line  1,  at end insert—

‘(2ZA)
Where a licence authorises the application of paragraph 6(3ZB) in relation to

a person who has not attained the age of 18 years (“C”), the effective consent

of a person having parental responsibility for C to the storage of an embryo in

relation to which C is a relevant person by reason only of the use of C’s human

cells is to be treated for the purposes of sub-paragraph (2) as the effective

consent of C.

  (2ZB)
If C attains the age of 18 years or the condition in paragraph 15A(3) ceases to

be met in relation to C, paragraph 4 has effect in relation to C as if any effective

consent previously given under sub-paragraph (2) by a person having parental

responsibility for C had been given by C but, subject to that, sub-paragraph

(2ZA) ceases to apply in relation to C.’.

Dawn Primarolo

Agreed to  70

Schedule  3,  page  63,  line  2,  for ‘sub-paragraph (2)’ substitute ‘sub-paragraphs (2)

and (2ZA)’.

Dawn Primarolo

Agreed to  71

Schedule  3,  page  63,  line  17,  leave out ‘paragraph 4A(4)’ and insert ‘paragraphs

4A(4), 15B and 15F’.

Dawn Primarolo

Agreed to  72

Schedule  3,  page  63,  line  20,  leave out ‘(“the child donor”)’ and insert ‘(“C”)’.

Public Bill Committee Proceedings: 5th June 2008
10

Human Fertilisation and Embryology Bill [Lords] continued

Mr David Amess

Not selected  128

Schedule  3,  page  63,  line  20,  leave out ‘donor’ and insert ‘patient’.

Dawn Primarolo

Agreed to  73

Schedule  3,  page  63,  line  21,  leave out ‘the child donor’s’ and insert ‘C’s’.

Mr David Amess

Not selected  129

Schedule  3,  page  63,  line  21,  leave out ‘donor’s’ and insert ‘patient’s’.

Dawn Primarolo

Agreed to  74

Schedule  3,  page  63,  line  24,  leave out ‘the child donor before the child donor’ and

insert ‘C before C’.

Mr David Amess

Not selected  130

Schedule  3,  page  63,  line  24,  leave out first and second ‘donor’ and insert ‘patient’.

Mark Simmonds

Not called  32

Schedule  3,  page  63,  line  25,  leave out ‘18’ and insert ‘16’.

Dawn Primarolo

Agreed to  75

Schedule  3,  page  63,  line  27,  leave out ‘the child donor’ and insert ‘C’.

Mr David Amess

Not selected  131

Schedule  3,  page  63,  line  27,  leave out ‘donor’ and insert ‘patient’.

Dawn Primarolo

Agreed to  76

Schedule  3,  page  63,  line  31,  leave out ‘the fertility of the child donor’ and insert

‘C’s fertility’.

Mr David Amess

Not selected  132

Schedule  3,  page  63,  line  31,  leave out ‘donor’ and insert ‘patient’.

Dawn Primarolo

Agreed to  77

Schedule  3,  page  63,  line  32,  leave out ‘the best interests of the child donor’ and

insert ‘C’s best interests’.

Mr David Amess

Not selected  133

Schedule  3,  page  63,  line  33,  leave out ‘donor’ and insert ‘patient’.

Public Bill Committee Proceedings: 5th June 2008
11

Human Fertilisation and Embryology Bill [Lords] continued

Dawn Primarolo

Agreed to  78

Schedule  3,  page  63,  line  36,  leave out ‘the child donor’ and insert ‘C’.

Mr David Amess

Not selected  134

Schedule  3,  page  63,  line  36,  leave out ‘donor’ and insert ‘patient’.

Dawn Primarolo

Agreed to  79

Schedule  3,  page  63,  line  39,  leave out ‘the child donor’ and insert ‘C’.

Mr David Amess

Not selected  135

Schedule  3,  page  63,  line  39,  leave out ‘donor’ and insert ‘patient’.

Dawn Primarolo

Agreed to  80

Schedule  3,  page  63,  line  43,  leave out ‘the child donor’ and insert ‘C’.

Mr David Amess

Not selected  136

Schedule  3,  page  63,  line  43,  leave out ‘donor’ and insert ‘patient’.

Dawn Primarolo

Agreed to  81

Schedule  3,  page  64,  line  4,  leave out ‘he’ and insert ‘C’.

Dawn Primarolo

Agreed to  82

Schedule  3,  page  64,  leave out line 7.

Dawn Primarolo

Agreed to  83

Schedule  3,  page  64,  line  10,  leave out ‘the child donor’ and insert ‘C’.

Mr David Amess

Not selected  137

Schedule  3,  page  64,  line  10,  leave out ‘donor’ and insert ‘patient’.

Dawn Primarolo

Agreed to  84

Schedule  3,  page  64,  line  17,  leave out ‘(“the patient”)’ and insert ‘(“P”)’.

Dawn Primarolo

Agreed to  85

Schedule  3,  page  64,  line  18,  leave out ‘the patient’s’ and insert ‘P’s’.

Dawn Primarolo

Agreed to  86

Schedule  3,  page  64,  line  20,  leave out ‘the patient after the patient’ and insert ‘P

after P’.

Public Bill Committee Proceedings: 5th June 2008
12

Human Fertilisation and Embryology Bill [Lords] continued

Dawn Primarolo

Agreed to  87

Schedule  3,  page  64,  line  23,  leave out ‘the patient’ and insert ‘P’.

Dawn Primarolo

Agreed to  88

Schedule  3,  page  64,  line  27,  leave out ‘the patient’s’ and insert ‘P’s’.

Dawn Primarolo

Agreed to  89

Schedule  3,  page  64,  line  28,  leave out ‘the patient’ and insert ‘P’.

Dawn Primarolo

Agreed to  90

Schedule  3,  page  64,  line  30,  leave out ‘the patient is likely to regain’ and insert ‘P

is likely at some time to have’.

Dawn Primarolo

Agreed to  91

Schedule  3,  page  64,  line  31,  leave out ‘the patient’s’ and insert ‘P’s’.

Dawn Primarolo

Agreed to  92

Schedule  3,  page  64,  line  33,  leave out ‘the patient’ and insert ‘P’.

Dawn Primarolo

Agreed to  93

Schedule  3,  page  64,  line  34,  leave out ‘the patient has not, after regaining’ and

insert ‘P has not subsequently, at a time when P has’.

Dawn Primarolo

Agreed to  94

Schedule  3,  page  64,  line  38,  leave out ‘the patient’ and insert ‘P’.

Dawn Primarolo

Agreed to  95

Schedule  3,  page  64,  line  40,  leave out ‘the patient’ and insert ‘P’.

Dawn Primarolo

Agreed to  96

Schedule  3,  page  64,  line  42,  leave out ‘the patient’ and insert ‘P’.

Dawn Primarolo

Agreed to  97

Schedule  3,  page  64,  line  45,  leave out ‘the patient regaining’ and insert ‘P having’.

Dawn Primarolo

Agreed to  98

Schedule  3,  page  64,  line  46,  leave out ‘the patient no longer’ and insert ‘P not’.

Public Bill Committee Proceedings: 5th June 2008
13

Human Fertilisation and Embryology Bill [Lords] continued

Dawn Primarolo

Agreed to  99

Schedule  3,  page  65,  leave out lines 3 to 5.

Dr Evan Harris

Not called  9

Schedule  3,  page  65,  line  7,  at end insert—

‘Cases where consent not required for storage and use for research

12A(1)
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.

      (2)
Condition A is that the human cells are lawfully taken from or provided by the

donor.

      (3)
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.

      (4)
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.

      (5)
Condition D is that it is not reasonably possible to contact the donor to obtain

their consent.

      (6)
Condition E is that there are resonable 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 relate only to, material in relation to which there is an

effective consent.

      (7)
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).’.

Dr Evan Harris

Not called  10

Schedule  3,  page  65,  line  7,  at end insert—

‘Consent in relation to children for storage and use for research

12A(1)
The human cells of a person (“the child”) may be used to bring about the

creation of an embryo or inter-species embryo in vitro, and any embryo or

inter-species embryo so created, used or stored for the purposes of any project

of research without the child’s consent if the following conditions are met.

      (2)
Condition A is that the human cells are lawfully taken from or provided by the

child before the child attains the age of 18 years.

      (3)
Condition B is that, at the time when the human cells are first used, the child

is not competent to deal with the issue of consent in relation to either the

storage or use of the human cells, embryos or inter-species embryos.

      (4)
Condition C is that the child does not appear to the person storing or using the

human cells, embryos or inter-species embryos to have indicated any objection

to such storage or use.

      (5)
Condition D is that a person who has parental responsibility for the child has

given their consent in writing and signed it.