Human Fertilisation and Embryology Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the instruction of 26th November 2007, as follows—
Clauses 1 to 5
Schedule 1
Clauses 6 to 11
Schedule 2
Clauses 12 and 13
Schedule 3
Clause 14
Schedule 4
Clauses15 to 28 | Schedule 5
Clauses 29 to 56
Schedule 6
Clauses 57 to 65
Schedule 7
Clause 66
Schedule 8
Clauses 67 to 69 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 1* | Page 2, line 5, leave out from "eggs" to "but" in line 6 |
| 2* | Page 2, line 10, leave out from "sperm" to ", and" in line 11 |
| 3* | Page 3, line 6, leave out subsections (5) and (6) |
| 4* | Page 3, leave out line 24 |
| 5* | Page 3, line 29, at end insert— |
| "( ) | Regulations may provide that— |
| (a) | an egg is a permitted egg, or |
| (b) | a sperm is a permitted sperm, |
| | even though the egg or sperm has been derived from a prescribed process designed to treat infertility." |
| 6 | Page 4, leave out line 11 |
| 7* | Page 4, line 18, at end insert— |
| "( ) | A licence cannot be issued unless the criterion set out in paragraph 3(2) of Schedule 2 to this Act is satisfied." |
| | LORD MACKAY OF CLASHFERN
LORD JENKIN OF RODING |
| 8* | Page 4, leave out line 35 |
| 9 | Page 4, line 35, at end insert "made for the purposes of prohibition" |
| 10* | Page 4, line 38, leave out ", in paragraph (b) of that subsection, do not" |
| 11* | Page 4, line 39, after first "cells" insert "(other than gametes)" |
| 12* | Page 4, leave out lines 41 to 43 |
| 13* | Page 4, line 42, leave out ", in paragraph (b) of that subsection, do not" |
| 14* | Page 4, line 42, leave out "not" |
| 15* | Page 4, line 43, after first "cells" insert "(other than gametes)" |
| 16 | Page 4, line 45, at end insert "for the purposes of prohibition" |
| 17* | Page 5, line 13, leave out from "eggs" to "but" in line 14 |
| 18* | Page 5, line 18, leave out from "sperm" to end of line 19 |
| 19* | Insert the following new Clause— |
| | "Prohibitions in connection with altered animal embryos |
| | After section 2 of the Animals (Scientific Procedures) Act 1986 (c. 14) (regulated procedures) insert— |
| "2A | Prohibition in connection with altered animal embryos |
| | No person shall place in an animal, whether or not it is a protected animal, the embryonic form of that, or any other species of, animal where the animal embryo has been altered by the introduction of— |
| (a) | one or more human cells, or |
| (b) | any part of a human cell, |
| | unless he is in receipt of a licence granted by the Secretary of State under such conditions, and on such criteria, as shall be prescribed in regulations."" |
| 20* | Insert the following new Clause— |
| | "Prohibitions in connection with animal embryos |
| | After section 5 of the Animals (Scientific Procedures) Act 1986 (c. 14) (project licences) insert— |
| "5A | Prohibitions in connection with animal embryos |
| (1) | Other than on such criteria as the Secretary of State may prescribe in regulations, a personal or project licence cannot authorise the keeping or using of an animal embryo (whether or not the animal is a protected animal) beyond the point of time specified in subsection (2) where the embryo has been altered by the introduction of— |
| (a) | one or more human cells, or |
| (b) | any part of a human cell. |
| (2) | For the purposes of subsection (1) the point of time is the earliest of— |
| (a) | the appearance of the primitive streak, or |
| (b) | the end of the period of 14 days beginning with the day on which the process of creating the embryo began, but not counting any time during which the embryo is stored."" |
| | BARONESS WILLIAMS OF CROSBY
LORD ALTON OF LIVERPOOL |
| 21* | Insert the following new Clause— |
| | "Reports to the Secretary of State |
| | In section 7 of the 1990 Act (reports to the Secretary of State), after subsection (2) insert— |
| "(2A) | A report prepared under this section shall include information on the resources used in— |
| (a) | human embryonic stem cell research; and |
| (b) | adult stem cell research within the United Kingdom."" |
| 22* | Page 53, line 6, at end insert— |
| | "In paragraph 4, after sub-paragraph (4) insert— |
| "(5) | The Secretary of State shall secure that one member of the Authority shall have a duty to ensure discussion within the Authority on ethical issues including, but not limited to the justification for repetitive experimentation."" |
| 23* | Page 54, line 3, at end insert— |
| "(4B) | A person is disqualified from being appointed as a member of the Authority is he has a direct pecuniary interest in any of the activities governed by this Act." |
| | BARONESS FINLAY OF LLANDAFF
BARONESS JAY OF PADDINGTON |
| 24 | Insert the following new Clause— |
| | Duty to commission in vitro fertilisation service |
| | After section 10 of the 1990 Act (licensing procedure) insert— |
| 10A | Duty to commission in vitro fertilisation service |
| (1) | Each specialist service commissioner must commission a service for in vitro fertilisation in respect of the population for which they commission services. |
| (2) | An annual report on the performance and outcomes of each in vitro fertilisation service must be made to the relevant strategic health authority by the commissioner. |
| (3) | The report made under subsection (2) must be published."" |
| 25* | Page 8, line 27, after "research)," insert— |
| 26* | Page 8, line 29, at end insert— |
| "(b) | after subsection (1)(c) insert— |
| "(d) | licences under paragraph 1A of that Schedule authorising activites in the course of providing therapy."." |
| 27* | Page 54, line 28, leave out "the testing of embryos" and insert "embryological techniques and embryo storage" |
| 28 | Page 54, line 30, at end insert— |
| "(ca) | omit paragraph (f)" |
| 29* | Page 55, line 16, leave out first "abnormality" and insert "characteristic" |
| 30* | Page 55, line 16, leave out second "abnormality" and insert "characteristic" |
| 31* | Page 55, line 18, leave out "abnormality" and insert "characteristic" |
| 32 | Page 55, leave out lines 27 to 34 |
| 32A* | Page 55, line 30, leave out "serious" and insert "life-threatening" |
| 33* | Page 55, line 31, after "treated" insert "effectively" |
| 34* | Page 55, line 31, leave out ", bone marrow or other tissue" |
| | EARL HOWE
LORD ALTON OF LIVERPOOL |
| 35 | Page 55, line 31, leave out "or other tissue" |
| 36* | Page 55, line 42, leave out "abnormality" and insert "characteristic" |
| 37* | Page 55, line 44, leave out "abnormality" and insert "characteristic" |
| 38* | Page 56, line 1, leave out "abnormality" and insert "characteristic" |
| 39* | Page 56, line 3, at end insert— |
| "(2A) | Nothing in sub-paragraph (1) shall permit the amendment of paragraph 1ZA(1)(d) by regulations save where the likely effect of the amendment or amendments will be to restrict the circumstances in which a licence authorising embryo testing may be granted." |
| 40* | Page 56, line 8, at end insert— |
| "(4) | A licence under paragraph 1 cannot authorise the testing of embryos for the purpose mentioned in sub-paragraph (1)(d) unless the authority is satisfied that all other sources of tissue or therapies available to treat the sibling including but not limited to umbilical cord blood from other donors have been thoroughly considered and rejected on reasonable medical grounds." |
| 41* | Page 56, line 8, at end insert— |
| "(4) | The following activities are prohibited in relation to any child who results from an embryo that was subject to testing pursuant to sub-paragraph (1)(d)— |
| (a) | the harvesting of organs from the child to treat the sibling; |
| (b) | the harvesting of bone marrow from the child to treat the sibling; |
| (c) | any other intrusive medical intervention undertaken in order to treat the sibling. |
| (5) | It is a criminal offence to remove an organ from any child who results from an embryo that was subject to testing pursuant to sub-paragraph (1)(d), for the purposes of treating the sibling. |
| (6) | It is a criminal offence to cause harm to any child who results from an embryo that was subject to testing pursuant to sub-paragraph (1)(d), by any intrusive medical intervention carried out for the purposes of treating the sibling." |
| 42 | Page 57, line 9, leave out paragraph 5 |
| 43 | Page 57, leave out from beginning of line 25 to end of line 6 on page 58 |
| 44* | Page 58, line 8, after "satisfied" insert— |
| 45 | Page 58, line 8, leave out "or inter-species embryos" |
| 46* | Page 58, line 9, at end insert— |
| "(b) | that the proposed research method has already produced satisfactory results with animal embryos from one species or animal embryos from one or more species containing only animal genetic or cellular material; |
| (c) | that the research specified in the licence cannot be achieved satisfactorily by any other reasonably practicable method not entailing the use of embryos or inter-species embryos; and |
| (d) | that the research method proposed is most likely to produce satisfactory results." |
| 47 | Page 58, leave out lines 13 to 15 |
| 48 | Page 58, line 17, leave out "(2), (3) or (5)" |
| 49* | Page 58, line 21, at end insert— |
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