House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

493

House of Commons

Monday 19th May 2008

Committee of the whole House

Proceedings

Human Fertilisation and Embryology Bill [Lords]

(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)

[FIRST DAY]

Mark Simmonds

Mr Andrew Lansley

Not selected  7

Clause  4,  page  3,  leave out lines 32 to 36 and insert—

‘(1)
Omit section 4 of the 1990 Act (prohibitions in connection with gametes).’.

Mark Simmonds

Mr Andrew Lansley

Not selected  8

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

‘(d)
store any gametes, or

(e)
in the course of providing treatment services for any woman, use the

sperm of any man unless the services are being provided for the woman

and the man together or use the eggs of any other woman.’.

Mr Edward Leigh

Mr Colin Breed

Geraldine Smith

Miss Anne Widdecombe

David Taylor

Mr William Cash

Negatived on division  1

Clause  4,  page  4,  leave out line 5.

Mr Edward Leigh

Mr Colin Breed

Geraldine Smith

Miss Anne Widdecombe

David Taylor

Mr William Cash

Not called  2

Clause  4,  page  4,  line  6,  leave out from ‘authorise’ to end of line 12 and insert—

Committee of the whole House Proceedings: 19th May 2008
494

Human Fertilisation and Embryology Bill-[ [], continued

‘(a)
the mixing of human gametes with animal gametes,

(b)
the bringing about of the creation of a human admixed embryo, or

(c)
the keeping or using of a human admixed embryo.’.

Mark Simmonds

Mr Andrew Lansley

Not selected  9

Clause  4,  page  4,  line  12,  at end insert—

‘(3A)
A licence cannot authorise storing or using gametes in any circumstances in

which regulations prohibit their storage or use.

(3B)
No person shall place sperm and eggs in a woman in any circumstances specified

in regulations except in pursuance of a licence.’.

Mr William Cash

Mr Edward Leigh

Not called  42

Clause  4,  page  4,  line  13,  leave out subsection (4).

Secretary Alan Johnson

Agreed to  33

Clause  4,  page  4,  line  14,  at end insert—

‘(4A)
A licence cannot authorise keeping or using a human admixed embryo in any

circumstances in which regulations prohibit its keeping or use.’.

Mark Simmonds

Mr Andrew Lansley

Dr John Pugh

Dan Rogerson

Paul Rowen

Negatived on division  10

Clause  4,  page  4,  line  14,  at end insert—

‘(4A)
A licence cannot authorise the creation of an embryo using—

(a)
human gametes and animal gametes, or

(b)
one human pronucleus and one animal pronucleus.’.

Mark Simmonds

Mr Andrew Lansley

Dr John Pugh

Dan Rogerson

Paul Rowen

Not called  11

Clause  4,  page  4,  line  22,  leave out paragraph (b).

Mr David Drew

Negatived on division  44

Clause  4,  page  4,  leave out lines 25 to 27.

Secretary Alan Johnson

Agreed to  34

Clause  4,  page  4,  leave out line 30 and insert—

‘(e)
any embryo not falling within paragraphs (a) to (d) which contains both

nuclear or mitochondrial DNA of a human and nuclear or mitochondrial

Committee of the whole House Proceedings: 19th May 2008
495

Human Fertilisation and Embryology Bill-[ [], continued

DNA of an animal (“animal DNA”) but in which the animal DNA is not

predominant.’.

Secretary Alan Johnson

Agreed to  35

Clause  4,  page  5,  line  6,  leave out ‘(d)’ and insert ‘(e)’.

Clause, as amended, Agreed to.

Dr Evan Harris

Withdrawn  31

Clause  11,  page  8,  line  21,  leave out subsection (1) and insert—

‘(1)
Section 11 of the 1990 Act (licences for treatment, storage and research) is

amended as follows—

(a)
in the title, for “and research” substitute “, research and therapy”.

(b)
in subsection (1)(b), for “and embryos” substitute “, embryos or human

admixed embryos”; and

(c)
after subsection (1)(c) add—

“(d)
licences under paragraph 3B of that Schedule

authorising activities for the purposes of therapy”.’.

Clause Agreed to.

Mark Simmonds

Mr Andrew Lansley

Not called  14

Schedule  2,  page  54,  line  22,  at end insert—

‘Licences for therapy

1ZA(1)
A licence under this paragraph may authorise any of the following—

(a)
bringing about the creation of embryos in vitro, and

(b)
keeping or using embryos, for the purposes of therapy specified in the

licence

      (2)
No licence under this paragraph is to be granted unless the Authority is

satisfied that any proposed use of embryos is necessary for the purposes of the

therapy.

      (3)
Subject to the provisions of this Act, a licence under this paragraph may be

granted subject to such conditions as may be specified in the licence.

      (4)
A licence under this paragraph may authorise the performance of any of the

activities referred to in sub-paragraph (1), in such manner as may be so

specified.

      (5)
A licence under this paragraph may be granted for a period not exceeding three

years as may be specified in the licence.

      (6)
This paragraph has effect subject to paragraph 1ZB.

Committee of the whole House Proceedings: 19th May 2008
496

Human Fertilisation and Embryology Bill-[ [], continued

Purposes for which activities may be licensed under paragraph 1ZA

1ZB(1)
A licence under paragraph 1ZA cannot authorise any activity unless the

activity appears to the Authority—

(a)
to be necessary or desirable for any of the purposes specified in sub-

paragraph (2) (“the principal purposes”),

(b)
to be necessary or desirable for the purpose of providing knowledge

that, in the view of the Authority, may be capable of being applied for

the purposes specified in sub-paragraph (2)(a) or (b), or

(c)
to be necessary or desirable for such other purposes as may be

specified in regulations.

      (2)
The principal purposes are—

(a)
treatment of serious disease, or

(b)
treatment of a serious medical condition.’.

Mr Edward Leigh

Mr Colin Breed

Geraldine Smith

Miss Anne Widdecombe

David Taylor

Mr William Cash

Not called  3

Schedule  2,  page  54,  line  31,  at end insert—

‘(ca)
omit paragraph (f)’.

Dr Evan Harris

Not called  24

Schedule  2,  page  55,  line  14,  leave out from ‘a’ to ‘that’ in line 15 and insert

‘harmful gene, combination of genes, chromosome or mitochondrion’.

Dr Evan Harris

Not called  25

Schedule  2,  page  55,  line  18,  leave out from ‘any’ to ‘establishing’ in line 19 and

insert ‘harmful gene, combination of genes, chromosome or mitochondrion’.

Dr Evan Harris

Not called  26

Schedule  2,  page  55,  line  19,  leave out second ‘abnormality’ and insert ‘genotype’.

Dr Evan Harris

Not called  27

Schedule  2,  page  55,  line  20,  leave out from ‘other’ to end of line 21 and insert

‘harmful gene, combination of genes, chromosome or mitochondrion’.

Mark Simmonds

Mr Andrew Lansley

Negatived on division  15

Schedule  2,  page  55,  leave out lines 24 to 28 and insert—

‘(i)
a gender-related physical or mental disability which is life-

threatening or severely impairs their quality of life,

(ii)
a gender-related serious illness which is life-threatening or

severely impairs their quality of life, or

Committee of the whole House Proceedings: 19th May 2008
497

Human Fertilisation and Embryology Bill-[ [], continued

(iii)
any other gender-related serious medical condition which is

life-threatening or severely impairs their quality of life.’.

Mr David Burrowes

Negatived on division  4

Schedule  2,  page  55,  leave out lines 30 to 37.

Mark Simmonds

Mr Andrew Lansley

Not called  17

Schedule  2,  page  55,  line  33,  leave out ‘serious’.

Mark Simmonds

Mr Andrew Lansley

Not called  16

Schedule  2,  page  55,  line  33,  after ‘medical condition’, add ‘which is life-

threatening or severely impairs their quality of life’.

Mark Simmonds

Mr Andrew Lansley

Negatived on division  18

Schedule  2,  page  55,  line  35,  after ‘other’, insert ‘regenerative’.

Dr Evan Harris

Not called  28

Schedule  2,  page  55,  line  45,  leave out ‘abnormality’ and insert ‘harmful

genotype’.

Dr Evan Harris

Not called  29

Schedule  2,  page  56,  line  1,  leave out ‘abnormality’ and insert ‘harmful gene,

combination of genes, chromosomes or mitochondrion’.

Dr Evan Harris

Not called  30

Schedule  2,  page  56,  line  3,  leave out ‘abnormality’ and insert ‘harmful genotype’.

Mr David Burrowes

Mr William Cash

Not called  5

Schedule  2,  page  56,  line  11,  leave out subsection (4) and insert—

‘(4)
In a case where a person (“the sibling”) who is the child of the persons whose

gametes are used to bring about the creation of the embryo (or of either of those

persons) suffers from any medical condition which could be treated by umbilical

cord blood stem cells, bone marrow or other tissue of any resulting child, a

licence under paragraph 1 cannot authorise embryo testing for the purposes of

establishing whether the tissue of any resulting child would be compatible with

that of the sibling or for embryo testing for any purposes for the subsequent

medical treatment of that sibling’s medical condition.’.

Committee of the whole House Proceedings: 19th May 2008
498

Human Fertilisation and Embryology Bill-[ [], continued

Mark Simmonds

Mr Andrew Lansley

Not called  19

Schedule  2,  page  56,  leave out lines 34 to 40.

Mr David Burrowes

Not called  6

Schedule  2,  page  56,  line  35,  at end insert ‘, with the exception of sub-paragraph

(4) of that paragraph.’.

Mark Simmonds

Mr Andrew Lansley

Not called  20

Schedule  2,  page  57,  leave out lines 2 to 4.

Secretary Alan Johnson

Agreed to  36

Schedule  2,  page  57,  leave out lines 37 to 41 and insert—

‘(a)
bringing about the creation of human admixed embryos in vitro, and

(b)
keeping or using human admixed embryos,’.

Mr David Drew

Not called  43

Schedule  2,  page  58,  line  2,  at end insert—

‘(4A)
A licence for research cannot authorise the creation of an embryo by the

introduction of a sequence of nuclear or mitochondrial DNA from any species

into one or more cells of the embryo or into gametes used to create that embryo.’.

Secretary Alan Johnson

Agreed to  37

Schedule  2,  page  58,  leave out lines 3 to 10.

Secretary Alan Johnson

Agreed to  38

Schedule  2,  page  58,  leave out lines 17 to 19.

Secretary Alan Johnson

Agreed to  39

Schedule  2,  page  58,  line  21,  leave out ‘, (3) or (5)’ and insert ‘or (3)’.

Dr Evan Harris

Not called  32

Schedule  2,  page  59,  line  6,  at end add—

‘Licences for therapy

3B  (1)
A licence under this paragraph may authorise any of the following—

(a)
bringing about the creation of embryos in vitro, and

(b)
keeping or using embryos,


for the purposes of therapy specified in the licence.

      (2)
Subject to the provisions of this Act, a licence under this paragraph may be

granted subject to such conditions as may be specified in the licence.

Committee of the whole House Proceedings: 19th May 2008
499

Human Fertilisation and Embryology Bill-[ [], continued

      (3)
A licence under this paragraph may authorise the performance of any of the

activities referred to in sub-paragraph (1) in such a manner as may be so

specified.

      (4)
A licence under this paragraph may be granted for such period not exceeding

three years as may be specified in the licence.

      (5)
This paragraph has effect subject to pargraph 3C.

Purposes for which activities may be licensed under pargraph 3B

3C  (1)
A licence under paragraph 3B cannot authorise any activity unless the activity

appears to the Authority—

(a)
to be necessary or desirable for any of the purposes of developing or

deriving treatments for serious disease or other serious medical

conditions, or

(b)
to be necessary or desirable for such other purposes as may be

specified in regulations.’.

Schedule, as amended, Agreed to.

Progess reported.