Mark
Simmonds: I join the hon. Gentleman in thanking the
Minister for her extremely comprehensive responses, both to my
amendments and to the questions I subsequently asked. In that context,
I am happy not to press my amendments, which have been superseded by
the Government
amendments. I
thank the Minister again for tabling those amendments, and I look
forward to her clarification of the disparity between Scotland and
England. It might be helpful if she circulated that letter to every
member of the Committee. I hope she stipulates which parts of the Bill
apply to the whole United Kingdom and which only to England and Wales.
There are some differences in the Bill, and there is certainly some
confusion among those who are concerned with itnot just in
Committee, but outsideas to which parts are relevant to which
parts of the United
Kingdom. Amendment
agreed
to. 2
pm
Mark
Simmonds: I beg to move amendment No. 30, in
schedule 3, page 61, line 32, leave
out 12 and insert
36.
The
Chairman: With this it will be convenient to discuss
amendment No. 31, in
schedule 3, page 61, leave out lines 35 to
39.
Mark
Simmonds: We have spent a long time discussing schedule 3,
so I will be brief. The amendments are probing and relate to the
storage time of the embryos. Under the Bill, storage of the embryos is
legal for 12 months. I welcome the Governments
introduction of a cooling-off period, when one person seeking treatment
or the gamete donor withdraws consent. Why only 12 months?
If there has been a disagreement between
two people applying for treatment, lawyers occasionally become involved
in an attempt to dispute the decision and it could take much longer
than 12 months for the process to be resolved. A longer cooling-off
period before an embryo is destroyed may well be necessaryat
least the option of an extension to the cooling-off
period. Amendment
No. 31, which is probing, expresses concern about the cooling-off
period. The explanatory notes say that the cooling-off period allows
the embryos to remain lawfully stored while a resolution is reached,
but proposed new section 4A(4)(b) in paragraph 7 of schedule 3 allows
the embryo to be destroyed before 12 months have elapsed if both
parties consent. That appears to be a slight
contradiction. The
time is a difficult one for both partners, and decisions could be taken
that are subsequently regretted. Removing the provision and instead
having a mandatory cooling-off period of 12 months would give both
parties an opportunity to reconsider their initial
decision.
Dr.
Harris: I note the interesting points made by the hon.
Gentleman, although I do not want to comment directly on their merits
or otherwise. I want the Minister to confirm whether it is her view, as
it is mine, that the courts made the right decision in the case of
Natalie Evans. It was difficult for the lady concerned, and there was a
great head of steam built up about whether it was right that she was
denied the right to use the stored gametes or embryos when the consent
had been
withdrawn. My
view is that in 1990 Parliament was clear about its intention in such a
case, and I would be grateful if the Minister confirmed that the Bill
does not change that provision. Despite everyones sympathy for
people in the position of Natalie Evans, the decisions of the courts in
that case were right as far as Parliament had
intended.
Dawn
Primarolo: I can confirm that. At all stages, the
principle of importance in the last question is that the consent of
both gamete donors has to be there. That is what the courts upheld,
which is absolutely right. It has not changed. The Bill does not
propose to move away from the principle of consent of both parties in
such cases. However, we are trying to recognise the fact that, if one
party withdraws consent to storage and use, it is only fair that the
other should be informed. When that withdrawal of consent occurs, the
Bill places a duty on the clinics to inform the second gamete
provider. The
clinics also have a duty to keep the embryos safely stored for one
year, until agreement has been reached by both parties with an interest
in the embryo. That comes on to the point that I will deal with in a
minutethe hon. Gentlemans second amendmentwhich
is that if both parties say destroy, the consent is
withdrawn and that happens. That is what it means and that is what the
principle is. That is the principle that has been upheld by the
court. The
Bill introduces a one-year cooling-off period for the storage, which
will be activated immediately in the case of one party withdrawing
consent if written notification
is received by the clinic storing the embryo that one of the gamete
providers is withdrawing consent to continued storage and
use. The
cooling-off period will ensure that the embryo remains legally stored
for a maximum of 12 months to allow the other gamete provider to be
informed of the decision and to allow time for reflection on that
decision, with the possibility that both parties might reach a private
agreement on the future of the embryo. Clearly, that would be a better
solution than ending up in the courts, which we have discussed in
relation to other examples. The question is how far any statute should
reach into the private relationship between two individuals.
The 12-month
period recognises the distress that such a situation can cause to the
couples involved, but ensures that the process of reaching a conclusion
is not allowed to drift and that clinics can deal with storage. The
provision also deals with the fact that the individuals concerned have
to recognise the importance of both individuals consent and
recognises the fact that both can withdraw that consent. I understand
the point of amendment No. 30: why should the period not be longer? Yet
if the situation cannot be resolved in 12 months, why would
we expect it to be resolved in a longer period? These are important and
direct issues that should not be left for long before
resolution. On
amendment No. 31, where both parties have consented to the destruction
of the embryo, that would run completely counter to the whole point of
consent, which is about the individuals responsibilities in
coming to those decisions. They cannot be transferred or given a
cooling-off period. They are the responsibilities of those two
individuals, and once both have said in writing that consent is
withdrawn, that is it. That is the right way to
proceed. I
understand the desire of the hon. Member for Boston and Skegness to
probe this area, which is difficult, but the Government have moved as
far as is reasonable, given that in the endparticularly given
the circumstances of such treatmentthe two individuals have to
continue to consent. In distressing circumstances, when one person
withdraws consent for a short period, there is at least the opportunity
to inform the other donor and for final decisions to be taken. I
therefore ask the hon. Gentleman not to press his
amendment.
Mark
Simmonds: I thank the Minister for her response. Of
course, I agree that consent of both gamete donors is essential and it
is right that one of the consenters is informed if the other withdraws
consent. It is also right that speed is of the essence in resolving
these matters. The point I was trying to elucidate with amendment No.
30 is that a dispute, potentially involving lawyers, could last longer
than 12 months, and there does not seem to be any option to extend that
period. As I understand the Bill, even if such a dispute were still
going on at the 12-month cut-off, the embryo or gamete would ultimately
be
destroyed.
Dawn
Primarolo: But that happens now. Where there is legal
dispute over the requirement to defer the decision, I do not think that
that has changed. We are talking about a new, specific cooling-off
period that was not present in that
circumstance.
Mark
Simmonds: I am aware of that, but I do not think it
addresses the point that a dispute may be going on that could be
resolved one way or the other and which, obviously, becomes
hypothetical once the embryo has been destroyed. Nevertheless, I think
the discussion has been
useful.
Dawn
Primarolo: Perhaps I was not clear enough. Where there is
a legal dispute and the courts are involved, the HFEA can defer a
decision. I have referred to that before with regard to one of the
cases we talked about. That position has not changed. This is not about
where there is an interaction with the courts, so it is not an
absolute. This is where there is not, and we are hoping that two
individuals will simply sort it out
themselves.
Mark
Simmonds: That is an extremely helpful intervention, if I
may say so. On that basis, I beg to ask leave to withdraw the
amendment. Amendment,
by leave,
withdrawn. Amendments
made: No. 66, in schedule 3, page 62,
line 12, after (b) insert ,
(ba). No.
67, in
schedule 3, page 62, line 15, at
end insert (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
Cs 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 Cs 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.. No.
68, in
schedule 3, page 62, line 16, leave
out and (3) and insert , (3) and
(3ZB). No.
69, in
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 Cs 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.. No.
70, in
schedule 3, page 63, line 2, for
sub-paragraph (2) substitute sub-paragraphs (2)
and (2ZA).
No. 71, in
schedule 3, page 63, line 17, leave
out paragraph 4A(4) and insert
paragraphs 4A(4), 15B and
15F. No.
72, in
schedule 3, page 63, line 20, leave
out (the child donor) and insert
(C). No.
73, in
schedule 3, page 63, line 21, leave
out the child donors and insert
Cs. No.
74, in
schedule 3, page 63, line 24, leave
out the child donor before the
child
donor and
insert C before
C. No.
75, in
schedule 3, page 63, line 27, leave
out the child donor and insert
C. No.
76, in
schedule 3, page 63, line 31, leave
out the fertility of the child
donor and
insert Cs
fertility. No.
77, in
schedule 3, page 63, line 32, leave
out the best interests of the
child
donor and
insert Cs best
interests. No.
78, in
schedule 3, page 63, line 36, leave
out the child donor and insert
C. No.
79, in
schedule 3, page 63, line 39, leave
out the child donor and insert
C. No.
80, in
schedule 3, page 63, line 43, leave
out the child donor and insert
C. No.
81, in
schedule 3, page 64, line 4, leave
out he and insert
C. No.
82, in schedule 3, page 64, leave out line
7. No.
83, in
schedule 3, page 64, line 10, leave
out the child donor and insert
C. No.
84, in
schedule 3, page 64, line 17, leave
out (the patient) and insert
(P). No.
85, in
schedule 3, page 64, line 18, leave
out the patients and insert
Ps. No.
86, in
schedule 3, page 64, line 20, leave
out the patient after the
patient and
insert P after
P. No.
87, in
schedule 3, page 64, line 23, leave
out the patient and insert
P. No.
88, in
schedule 3, page 64, line 27, leave
out the patients and insert
Ps. No.
89, in
schedule 3, page 64, line 28, leave
out the patient and insert
P. No.
90, in
schedule 3, page 64, line 30, leave
out the patient is likely to
regain and
insert P is likely at some time to
have. No.
91, in
schedule 3, page 64, line 31, leave
out the patients and insert
Ps. No.
92, in
schedule 3, page 64, line 33, leave
out the patient and insert
P. No.
93, in
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. No.
94, in
schedule 3, page 64, line 38, leave
out the patient and insert
P. No.
95, in
schedule 3, page 64, line 40, leave
out the patient and insert P.
No. 96, in
schedule 3, page 64, line 42, leave
out the patient and insert
P. No.
97, in
schedule 3, page 64, line 45, leave
out the patient regaining and insert P
having. No.
98, in
schedule 3, page 64, line 46, leave
out the patient no longer and insert P
not. No.
99, in schedule 3, page 65, leave out lines
3 to
5. No.
100, in
schedule 3, page 65, line 29, at
end insert (4) 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 (5) in relation to
C. (5) 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
Cs human cells to bring about the creation of a human admixed
embryo in vitro for use for the purposes of a project of research,
or (b) to the use for those
purposes of a human admixed embryo in relation to which C is a relevant
person by reason only of the use of Cs human
cells, is to be treated for the
purposes of sub-paragraphs (1) to (3) as the effective consent of
C. (6) 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 (5) ceases to apply in relation to
C. (7) Sub-paragraphs (1) to
(3) have effect subject to paragraphs 15B and
15F.. No.
101, in
schedule 3, page 65, line 36, at
end insert (2) Where a
licence authorises the application of paragraph 13(5) 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 a human admixed embryo in relation to which C is a
relevant person by reason only of the use of Cs human cells is
to be treated for the purposes of sub-paragraph (1) as the effective
consent of C. (3) 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 (1) by a person
having parental responsibility for C had been given by C but, subject
to that, sub-paragraph (2) ceases to apply in relation to
C. (4) Sub-paragraph (1) has
effect subject to paragraphs 15B and
15F.. No.
102, in
schedule 3, page 66, line 5, at
end insert Cases where human cells
etc. can be used without consent of person providing
them After paragraph 15 (as inserted
by paragraph 13 above)
insert Parental consent
conditions 15A (1) In relation to a
person who has not attained the age of 18 years (C),
the parental consent conditions referred to in paragraphs 6(3ZA) and
13(4) are as follows. (2)
Condition A is that C suffers from, or is likely to develop, a serious
disease, a serious physical or mental disability or any other serious
medical condition. (3)
Condition B is that
either (a) C is not
competent to deal with the issue of consent to the use of Cs
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,
or
(b) C has attained the age of 16 years but lacks
capacity to consent to such use of Cs human
cells. (4) Condition C is that
any embryo or human admixed embryo to be created in vitro is to be used
for the purposes of a project of research which is intended to increase
knowledge about (a) the
disease, disability or medical condition mentioned in sub-paragraph (2)
or any similar disease, disability or medical condition,
or (b) the treatment of, or
care of persons affected by, that disease, disability or medical
condition or any similar disease, disability or medical
condition. (5) Condition D is
that there are reasonable grounds for believing that research of
comparable effectiveness cannot be carried out if the only human cells
that can be used to bring about the creation in vitro of embryos or
human admixed embryos for use for the purposes of the project are the
human cells of persons
who (a) have attained
the age of 18 years and have capacity to consent to the use of their
human cells to bring about the creation in vitro of an embryo or human
admixed embryo for use for the purposes of the project,
or (b) have not attained that
age but are competent to deal with the issue of consent to such use of
their human cells. (6) In
relation to Scotland, sub-paragraphs (1) to (5) are to be read with the
following
modifications (a) for
sub-paragraph (3)
substitute (3)
Condition B is that C does not have capacity (within the meaning of
section 2(4ZB) of the Age of Legal Capacity (Scotland) Act 1991) to
consent to the use of Cs 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.,
(b) in sub-paragraph (5)(a), for have
capacity to consent substitute are not incapable
(within the meaning of section 1(6) of the Adults with Incapacity
(Scotland) Act 2000) of giving consent,
and (c) in sub-paragraph
(5)(b), for are competent to deal with the issue of
substitute have capacity (within the meaning of section 2(4ZB)
of the Age of Legal Capacity (Scotland) Act 1991)
to. Adults lacking capacity:
exemption relating to use of human cells
etc. 15B (1) If, in relation to the
proposed use under a licence of the human cells of a person who has
attained the age of 18 years (P), the Authority is
satisfied (a) that the
conditions in paragraph 15C are
met, (b) that paragraphs (1) to
(4) of paragraph 15D have been complied with,
and (c) that the condition in
paragraph 15D(5) is met, the
Authority may in the licence authorise the application of this
paragraph in relation to P. (2)
Where a licence authorises the application of this paragraph, this
Schedule does not require the consent of
P (a) to the use
(whether during Ps life or after Ps death) of
Ps 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, (b) to the storage
or the use for those purposes (whether during Ps life or after
Ps death) of an embryo or human admixed embryo in relation to
which P is a relevant person by reason only of the use of Ps
human cells. (3) This paragraph
has effect subject to paragraph
15E. Consent to use of human cells etc.
not required: adult lacking
capacity 15C (1) The conditions
referred to in paragraph 15B(1)(a) are as
follows.
(2) Condition A is that P suffers from, or is likely
to develop, a serious disease, a serious physical or mental disability
or any other serious medical
condition. (3) Condition B is
that P lacks capacity to consent to the use of Ps 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) Condition C is
that the person responsible under the licence has no reason to believe
that P had refused such consent at a time when P had that
capacity. (5) Condition D is
that it appears unlikely that P will at some time have that
capacity. (6) Condition E is
that any embryo or human admixed embryo to be created in vitro is to be
used for the purposes of a project of research which is intended to
increase knowledge
about (a) the disease,
disability or medical condition mentioned in sub-paragraph (2) or any
similar disease, disability or medical condition,
or (b) the treatment of, or
care of persons affected by, that disease, disability or medical
condition or any similar disease, disability or medical
condition. (7) Condition F is
that there are reasonable grounds for believing that research of
comparable effectiveness cannot be carried out if the only human cells
that can be used to bring about the creation in vitro of embryos or
human admixed embryos for use for the purposes of the project are the
human cells of persons who
(a) have attained the age of 18 years and have
capacity to consent to the use of their human cells to bring about the
creation in vitro of an embryo or human admixed embryo for use for the
purposes of the project, or (b)
have not attained that age but are competent to deal with the issue of
consent to such use of their human
cells. (8) In this paragraph
and paragraph 15D 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
responsible. (9) In relation to
Scotland (a) references
in sub-paragraphs (3) to (5) to P lacking, or having, capacity to
consent are to be read respectively as references to P being, or not
being, incapable (within the meaning of section 1(6) of the Adults with
Incapacity (Scotland) Act 2000) of giving such consent,
and (b) sub-paragraph (7) is to
be read with the following
modifications (i) in
paragraph (a), for have capacity to consent substitute
are not incapable (within the meaning of section 1(6) of the
Adults with Incapacity (Scotland) Act 2000) of giving consent,
and (ii) in paragraph (b), for
are competent to deal with the issue of substitute
have capacity (within the meaning of section 2(4ZB) of the Age
of Legal Capacity (Scotland) Act 1991)
to. Consulting carers etc. in
case of adult lacking capacity 15D (1)
This paragraph applies in relation to a person who has attained the age
of 18 years (P) where the person responsible under the
licence (R) wishes to use Ps 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, in a case where P
lacks capacity to consent to their
use. (2) R must take reasonable
steps to identify a person
who (a) otherwise than
in a professional capacity or for remuneration, is engaged in caring
for P or is interested in Ps welfare,
and (b) is prepared to be
consulted by R under this paragraph of this
Schedule. (3) If R is unable to
identify such a person R must nominate a person
who
(a) is prepared to be consulted by R under this
paragraph of this Schedule,
but (b) has no connection with
the project. (4) R must provide
the person identified under sub-paragraph (2) or nominated under
sub-paragraph (3) (F) with information about the
proposed use of human cells to bring about the creation in vitro of
embryos or human admixed embryos for use for the purposes of the
project and ask F what, in Fs opinion, Ps wishes and
feelings about the use of Ps human cells for that purpose would
be likely to be if P had capacity in relation to the
matter. (5) The condition
referred to in paragraph 15B(1)(c) is that, on being consulted, F has
not advised R that in Fs opinion Ps wishes and feelings
would be likely to lead P to decline to consent to the use of
Ps human cells for that
purpose. (6) In relation to
Scotland, the references in sub-paragraphs (1) and (4) to P lacking, or
having, capacity to consent are to be read respectively as references
to P being, or not being, incapable (within the meaning of section 1(6)
of the Adults with Incapacity (Scotland) Act 2000) of giving such
consent. Effect of acquiring
capacity 15E (1) Paragraph 15B does
not apply to the use of Ps human cells to bring about the
creation in vitro of an embryo or human admixed embryo if, at a time
before the human cells are used for that purpose,
P (a) has capacity to
consent to their use, and (b)
gives written notice to the person keeping the human cells that P does
not wish them to be used for that
purpose. (2) Paragraph 15B does
not apply to the storage or use of an embryo or human admixed embryo
whose creation in vitro was brought about with the use of Ps
human cells if, at a time before the embryo or human admixed embryo is
used for the purposes of the project of research,
P (a) has capacity to
consent to the storage or use,
and (b) gives written notice to
the person keeping the human cells that P does not wish them to be used
for that purpose. (3) In
relation to Scotland, the references in sub-paragraphs (1)(a) and
(2)(a) to P having capacity to consent are to be read as references to
P not being incapable (within the meaning of section 1(6) of the Adults
with Incapacity (Scotland) Act 2000) of giving such
consent. Use of cell lines in existence
before relevant commencement date 15F
(1) Where a licence authorises the application of this paragraph in
relation to qualifying cells, this Schedule does not require the
consent of a person
(P) (a)
to the use of qualifying cells of P to bring about the creation in
vitro of an embryo or human admixed embryo for use for the purposes of
a project of research, or (b)
to the storage or the use for those purposes of an embryo or human
admixed embryo in relation to which P is a relevant person by reason
only of the use of qualifying cells of
P. (2) Qualifying
cells are human cells
which (a) were lawfully
stored for research purposes immediately before the commencement date,
or (b) are derived from human
cells which were lawfully stored for those purposes at that
time. (3) The
commencement date is the date on which paragraph
9(2)(a) of Schedule 3 to the Human Fertilisation and Embryology Act
2008 (requirement for consent to use of human cells to create an
embryo) comes into force. Conditions
for grant of exemption in paragraph
15F 15G (1) A licence may not
authorise the application of paragraph 15F unless the Authority is
satisfied (a) that
there are reasonable grounds for believing that scientific research
will be adversely affected to a
significant extent if the only human cells that can be used to bring
about the creation in vitro of embryos or human admixed embryos for use
for the purposes of the project of research
are (i) human cells in
respect of which there is an effective consent to their use to bring
about the creation in vitro of embryos or human admixed embryos for use
for those purposes, or (ii)
human cells which by virtue of paragraph 15B can be used without such
consent, and (b) that any of
the following conditions is met in relation to each of the persons
whose human cells are qualifying cells which are to be used for the
purposes of the project of
research. (2) Condition A is
that (a) it is not
reasonably possible for the person responsible under the licence
(R) to identify the person falling within sub-paragraph
(1)(b) (P),
and (b) where any information
that relates to P (without identifying P or enabling P to be
identified) is available to R, that information does not suggest that P
would have objected to the use of Ps human cells to bring about
the creation in vitro of an embryo or human admixed embryo for use for
the purposes of the
project. (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, (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 Ps human cells to bring about the
creation in vitro of an embryo or human admixed embryo for use for the
purposes of the project. (4)
Condition C is that (a)
the person falling within sub-paragraph (1)(b) (P) has
died since Ps human cells were first
stored, (b) the information
relating to P that is available to the person responsible under the
licence (R) does not suggest that P would have objected
to the use of Ps 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 immediately before P died
has given consent in writing to the use of Ps 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 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 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
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).. No.
103, in
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..[Dawn
Primarolo.] Question
proposed, That this schedule, as amended, be the Third schedule to
the
Bill.
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