Consideration of Bill: 22nd October 2008

3272

Human Fertilisation and Embryology Bill [Lords], continued

“1A	Information on foetal physical or mental abnormalities

The Secretary of State shall make provision to ensure that all registered

medical practitioners have access to appropriate written materials for the

purpose of providing any person with—

(a)	current, scientific information concerning:

(i)	the life expectancy of;

(ii)	the expected intellectual and functional development of;

and

(iii)

the treatment options for;

a child born with such physical or mental abnormalities as would

provide grounds for the termination of a pregnancy under section

1(1)(d),

(b)	referral to supportive service providers, including telephone help

lines specific to such physical or mental abnormalities as would

provide grounds for the termination of a pregnancy under section

1(1)(d), and

(c)	information on opportunities to receive relevant counselling, and

such other information as the Secretary of State deems proper in

relation to such physical or mental abnormalities as would

provide grounds for the termination of a pregnancy under section

1(1)(d).”.’.

Birth certificates in cases involving assisted reproduction

Mark Simmonds

Miss Ann Widdecombe

Mr Edward Leigh

Angela Watkinson

Andrew Selous

Mr David Drew

Total signatories: 7

Mr William Cash

NC21

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 indicate these facts through the provision of a detailed birth certificate to

include the fact of donor conception and an abridged certificate that does not’.

Consideration of Bill: 22nd October 2008

3273

Human Fertilisation and Embryology Bill [Lords], continued

Amendment to the Abortion Act 1967: mental health assessment

Dr John Pugh

Miss Ann Widdecombe

Andrew Selous

Mr David Drew

NC22

To move the following Clause:—

‘(1)	The Abortion Act 1967 (c. 87) is amended as follows.

(2)	After section 1(1)(d) insert—

“( )	In section 1(1) if the opinion, formed in good faith, of the two registered

medical practitioners requires consideration of “mental health” under

section 1(1)(a), then at least one of the registered medical practitioners

must have suitable mental health training and expertise as to enable a

medical risk assessment to be made of the likely specific injury to mental

health and the severity of the risk (excluding any risk normally attendant

on childbirth), to ensure that only a serious and not a temporary,

moderate or mild risk is taken into consideration.”’.

Amendment to the Abortion Act 1967: conscientious objection

Dr John Pugh

Miss Ann Widdecombe

Andrew Selous

Mr David Drew

NC23

To move the following Clause:—

‘(1)	The Abortion Act 1967 (c. 87) is amended as follows.

(2)	In section 4(3) omit the words “in Scotland”’.

Prohibition on placing human gametes into an animal

Dr John Pugh

Miss Ann Widdecombe

Mr David Burrowes

Angela Watkinson

Andrew Selous

Mr David Drew

Total signatories: 21

Consideration of Bill: 22nd October 2008

3274

Human Fertilisation and Embryology Bill [Lords], continued

Mr William Cash

Mr Tom Clarke

Jim Dobbin

David Taylor

Mr Edward Leigh

Mark Pritchard

Mrs Claire Curtis-Thomas

Mr David Crausby

John Mason

Mr John Hayes

Mr Julian Brazier

Mr Brian Binley

Paul Rowen

Geraldine Smith

Mr David Amess

NC24

To move the following Clause:—

‘(1)	The Secretary of State shall by regulations make it an offence to place any human

gamete into an animal.

(2)	Sections 3 and 4 of this Act shall not come into force until regulations under

subsection (1) have been made.’.

Accountability of the authority and the appointment of a review board

Mr David Amess

Miss Ann Widdecombe

Mr Edward Leigh

Andrew Selous

Mr David Drew

Mr William Cash

Total signatories: 8

Mr David Burrowes

Mark Pritchard

NC25

To move the following Clause:—

‘(1)	The Secretary of State shall by regulations within 12 months of the date of Royal

Assent of this Act, provide for measures to improve the public accountability of

the Authority’s licence decision making powers, this may provide that—

(i)	the Authority reconsider the decision to grant a licence or vary a licence

by providing an interested person or persons the right to request the

Authority to reconsider and for the Appeals Committee to carry out the

Authority’s functions in doing so, or for an interested person or persons

to be permitted to be a party to the Appeal Committee proceedings

(where a person responsible or licence holder (if different) exercises a

right under section 20 to request a reconsideration of the Authority’s

licensing decision) or for an interested person or persons to be a party to

or make representations on licence applications to the Authority prior to

the grant of a licence; and

(ii)	a Review Board may be formed and appointed with the general function

of reviewing licence decision making by the Authority including

intervening in such decision making in its primary duty as a guardian of

the public interest, in such manner as it thinks fit, of its own accord, or as

a result of the receipt of representations from an interested person or

persons.

(2)	The regulations in relation to an interested person or persons may in particular,

provide—

(a)	for a reasonable fee only to be charged for an application for the

Authority to reconsider the licensing decision (with the Appeals

Committee carrying out this function) and for no other costs or monies to

Consideration of Bill: 22nd October 2008

3275

Human Fertilisation and Embryology Bill [Lords], continued

be payable to any party to the proceedings by an interested person or

persons;

(b)	for no fee to be charged or monies payable to be a party to or make

representations on licence applications to the Authority, prior to the grant

of a licence;

(c)	for no fee to be charged or monies payable to joining in as a party to the

Appeal Committee proceedings, as a result of the person responsible or

licence holder (if different) exercising a right for the Authority to

reconsider a licensing decision;

(d)	that the following persons or bodies may be considered to be an

interested person or persons—

(i)	an organisation or association, whose aims, interests, objects or

purposes include, and whose activities relate or research into or

with an interest in the subject matter of the licence decision

including but not limited to an organisation or association with

legal, medical, scientific, ethical or theological expertise; or

(ii)	a person, organisation or association that has a particular interest

in a person or persons who may supply the specific human cells

or human material for research or other purposes for the subject

matter of the licence, which may include but is not limited to a

person or persons who represent the interests of children or those

who lack capacity.

(3)	The regulations in relation to the Review Board may in particular, provide—

(a)	that the knowledge and experience of the members of the Review Board

is to include balanced representatives of differing points of view,

including the need to represent the importance of human dignity and the

sanctity of life;

(b)	that the Review Board may regularly review the nature or type of the

Authority licence decision making to ensure that the Authority is acting

in the best interests of the public, particularly in relation to contentious or

novel aspects of such decision making which raise ethical issues;

(c)	for the Review Board to ensure the Authority has a duty to provide

information to the public in a prompt and timely manner including

publishing informative lay summaries of research licence applications

upon receipt and publishing a detailed summary of how the decision to

licence the research is intended to be made and after approval, has been

made;

(d)	for the Review Board to ensure the Authority may take adequate

measures to achieve independent peer review of all licence research

applications or reconsiderations (including international peer review

when there is limited national expertise);

(e)	for the Review Board to ensure that the Authority is able to justify the

rationale and the necessity and desirability of the granting or the

reconsideration of research licences using embryos or human admixed

embryos if other alternatives are available;

(f)	for the Review Board to ensure that the Authority may emphasise the

need for science and ethics to be considered in the granting or the

reconsideration of every research licence;

(g)	for the Review Board to ensure that sufficient account is taken by the

Authority, to protect the rights of the vulnerable, such as children or

persons who lack capacity where human cells are used for research

purposes (with substitute rather than explicit consent);

(h)	for the Review Board to ensure that the Authority’s Committees in

carrying out functions on behalf of the Authority or any other body that

does so, in relation to licence decision making or reconsideration of

Consideration of Bill: 22nd October 2008

3276

Human Fertilisation and Embryology Bill [Lords], continued

licensing decisions includes balanced representatives of differing points

of view;

(i)	for the Review Board to carry out its duties as an independent body but a

body that may request the Secretary of State to intervene on its behalf in

matters of concern;

(j)	for the Review Board to be provided with sufficient powers to carry out

its duties and functions effectively and efficiently;

(k)	for the Review Board to report annually the discharge of its duties and

functions and to lay a report before Parliament.’.

Recording data regarding ovarian stimulation

Mrs Nadine Dorries

Miss Ann Widdecombe

Mr David Burrowes

Angela Watkinson

Andrew Selous

Mr David Drew

Total signatories: 21

Mr William Cash

Mr Tom Clarke

Jim Dobbin

Mr Edward Leigh

Mark Pritchard

Mrs Claire Curtis-Thomas

Mr David Crausby

John Mason

Mr John Hayes

Mr Julian Brazier

Dr John Pugh

Mr Brian Binley

Paul Rowen

Geraldine Smith

Mr David Amess

NC27

To move the following Clause:—

‘The Authority shall require all clinics regulated by the Act to—

(a)	keep records of all incidents related to ovarian stimulation and oocyte

retrieval that lead to hospitalisation, including but not limited to, Ovarian

Hyperstimulation Syndrome, thrombosis and complications of oocyte

retrieval; and

(b)	report the data collected under subsection (1) on a regular basis to the

Authority.’.

Amendment to the Abortion Act 1967: disability equality

Ann Winterton

Sir Nicholas Winterton

Miss Ann Widdecombe

Mr David Burrowes

Angela Watkinson

Andrew Selous

Total signatories: 11

Consideration of Bill: 22nd October 2008

3277

Human Fertilisation and Embryology Bill [Lords], continued

Mr David Drew

Mr William Cash

Mr Tom Clarke

David Taylor

Mark Pritchard

NC28

To move the following Clause:—

‘In section 1(1)(d) of the Abortion Act 1967 (c. 87) (medical termination of

pregnancy), after “(d)”, insert “that the pregnancy has not exceeded its twenty-

fourth week, and”.’.

Review of disclosure of donor information

Mr Andrew Lansley

Mark Simmonds

Mr David Burrowes

Mark Pritchard

NC29

To move the following Clause:—

‘(1)	The Secretary of State shall, within one year of the coming into force of this Act,

carry out a public consultation on and review of the working and impact of the

Human Fertilisation and Embyology Authority (Disclosure of Donor

Information) Regulations 2004.

(2)	Within three months of the conclusion of any consultation and review carried out

under subsection (1), the Secretary of State shall lay a report of its findings before

both Houses of Parliament.’.

Amendment of the Abortion Act 1967: Application to Northern Ireland

Ms Diane Abbott

Mrs Jacqui Lait

Dr Evan Harris

Ms Katy Clark

John Bercow

John McDonnell

Total signatories: 8

Mr Graham Allen

Lynne Jones

NC30

To move the following Clause:—

‘(1)	Section 7 of the Abortion Act 1967 (c. 87) (short title, commencement and extent)

is amended as follows.

(2)	For subsection (3) substitute—

“(3)	This Act extends to Northern Ireland.”’.

As an Amendment to Ms Diane Abbott’s proposed New Clause (Amendment of the

Consideration of Bill: 22nd October 2008

3278

Human Fertilisation and Embryology Bill [Lords], continued

Abortion Act 1967: Application to Northern Ireland) (NC30):—

Mr Frank Field

(a)

Line  4,  at end add—

‘(3)	This section shall not come into force until the Northern Ireland Assembly

approves a motion endorsing the extension of the Abortion Act 1967 (c. 87) to

Northern Ireland.’.

Cooling-off period of informed consent (No. 2)

Mr Edward Leigh

Mr David Burrowes

Angela Watkinson

Andrew Selous

Mr David Drew

Mark Pritchard

Total signatories: 7

Mr William Cash

NC31

To move the following Clause:—

‘(1)	Section 1 of the Abortion Act 1967 (c. 87) (medical termination of pregnancy) is

amended as follows—

(2)	After subsection (1) insert—

“(1A)

Except in the case of a medical emergency as provided by subsection (4)

of this section, subsection (1) of this section is subject to certification by

a registered medical practitioner of the completion of the following

condition, namely that the pregnant woman, after the first relevant point

of contact with a registered medical practitioner, has undertaken a seven-

day cooling-off period of informed consent, during which she receives

counselling from a registered medical practitioner or health visitor about

the respective medical risks of, and about other matters relating to,

terminating and carrying a pregnancy to term.

(1B)	In subsection (1A)—

“the first relevant point of contact” means the earliest occasion on which the

possibility of a termination of the pregnant woman’s pregnancy is

discussed;

“cooling-off period of informed consent” means a period before the expiry

of which the pregnant woman shall not be taken to have given informed

consent to the termination of her pregnancy.

(1C)	The Secretary of State shall by statutory instrument make regulations to

establish how the counselling and certification procedures as described in

subsection (1A) of this section shall be provided.”’.

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Revised 22 October 2008