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back to previous amendments
| | 3ZA (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 such period not exceeding three years as may be specified in the licence. |
| (6) | This paragraph has effect subject to paragraph 3A." |
| 50* | Page 64, line 46, at end insert— |
| | "Consent in relation to children for storage and use for research |
| | 12A (1) The gametes or human cells of a person ("the child") may be used to bring about the creation of an embryo or an 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 gametes or 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 gametes or 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 gametes, human cells, embryos of inter-species embryos. |
| (4) | Condition C is that the child does not appear to the person storing or using the gametes, 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. |
| (6) | Condition E is that there are reasonable grounds for believing that research of comparable effectiveness cannot be carried out if the project of research for which the gametes, human cells, embryos or inter-species embryos are stored or used has to be confined to, or relate only to, persons who have capacity to consent to it." |
| 51* | Page 66, line 4, leave out second "human cells" and insert "cells from a human body" |
| 52* | Page 66, line 6, leave out "cells of the female or male germ line" and insert "gametes" |
| 53* | Page 66, line 7, insert— |
| | "and references to a person's human cells are to human cells which have come from that person's body" |
| 54* | Page 66, line 26, at end insert— |
| "(5) | Paragraphs 6(1), (2), 8(1), 13(1) to (3) and 14 have effect subject to paragraph 12A." |
| | BARONESS DEECH
LORD NORTHBOURNE |
| 55 | Page 9, line 14, leave out paragraph (b) |
| 56 | Page 9, line 14, at end insert— |
| "( ) | In subsection (5), after "father" insert "and a mother"." |
| | LORD NORTHBOURNE
BARONESS FINLAY OF LLANDAFF
EARL OF LISTOWEL |
| 57 | Page 9, line 14, at end insert— |
| "( ) | In subsection (5), after "father" insert "or other suitable male adult who is willing and able to make a long term commitment to safeguard and promote the child's health, development and welfare and to provide, in a manner appropriate to the age and development of the child, direction and guidance to the child"." |
| 58* | Page 9, line 18, leave out "been given a suitable opportunity to receive" and insert "received" |
| 59* | Page 9, line 25, leave out "been given a suitable opportunity to receive" and insert "received" |
| 60* | Page 19, line 6, at end insert— |
| "( ) | After subsection (2) insert— |
| "(2A) | The guidance about the welfare of children may in particular relate to— |
| (a) | the need for those providing treatment services to be satisfied, as far as may be reasonably practicable in all the circumstances, that a child, when born, will not be at risk of suffering serious harm; and |
| (b) | the likely stability of the child's upbringing where— |
| (i) | the woman who is to carry the child is neither married nor a party to a civil partnership, or |
| (ii) | either the agreed fatherhood conditions (as set out in section 37) or the agreed parenthood conditions (as set out in section 44) are met in relation to a man or a woman, as the case may be."" |
| 61* | Page 19, line 6, at end insert— |
| "( ) | After subsection (3) insert— |
| "(3A) | The code shall include a statement of the principles which the Secretary of State thinks should inform decisions in relation to licences involving inter-species embryos under this Act. |
| (3B) | In preparing the statement of principles the Secretary of State shall, in particular, ensure that each of the following matters is addressed— |
| (a) | the significance for the public good of the matter to which the licence application relates; |
| (b) | the desirability of establishing, as far as may be reasonably practicable in all the circumstances, the likelihood of the research in question yielding a useful result; and |
| (c) | respect for the principle that the creation of an inter-species embryo should be allowed if and only if there is no other practicable alternative available in all the circumstances. |
| (3C) | Before preparing the statement of principles the Secretary of State shall consult such persons as he considers appropriate."" |
| 62* | Insert the following new Clause— |
| (1) | The Authority shall require all clinics to keep full records of all incidences related to ovarian stimulation and oocyte retrieval that lead to hospitalisation, including but not limited to, OHSS, thrombosis and complications of oocyte retrieval. |
| (2) | The HFEA is to keep open and transparent records of all incidences of hospitalisation." |
| 63 | Insert the following new Clause— |
| | Before section 31 of the 1990 Act insert— |
| | The Secretary of State shall by regulations make provision for the birth certificate of a person born in consequence of— |
| (a) | treatment services, other than basic partner treatment services, or |
| (b) | the procurement or distribution of any sperm (other than partner-donated sperm which has not been stored) in the course of providing non-medical fertility services, |
| | to indicate the fact, as the case may be."" |
| 64* | Page 21, line 2, leave out "has the same meaning as in section 31" and insert "means— |
| (a) | an individual as defined in section 31, or |
| (b) | where an application under subsection (2) has not previously been made, a child of such an individual;" |
| 65* | Page 29, line 6, leave out from beginning to end of line 22 on page 20 |
| 66* | Insert the following new Clause— |
| | "National Human Bioethics Commission |
| (1) | There is to be a body corporate called the National Human Bioethics Commission. |
| (2) | Schedule (National Human Bioethics Commission) has effect." |
| | BARONESS DEECH
LORD ALTON OF LIVERPOOL |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 46 stand part of the Bill. |
| 67* | Insert the following new Schedule— |
| | NATIONAL HUMAN BIOETHICS COMMISSION |
| | 1 (1) The Commission shall consist of a chairman and at least six, but not more than eight, other members. |
| (2) | The Chairman and members shall be appointed by the Secretary of State. |
| (3) | The Secretary of State shall exercise the power in sub-paragraph (2) so as to secure that— |
| (a) | the knowledge and experience of the members of the Commission (taken together) includes suitable knowledge and experience of the matters mentioned in sub-paragraph (4) and includes representatives of differing points of view. The membership will specifically take account of the need to represent the importance of human dignity and the sancity of life. |
| (4) | The matters mentioned in sub-paragraph (3) are— |
| (a) | the law relating to human bioethics; |
| (b) | medical and scientific developments relating to human bioethics; |
| (c) | the theological, philosophical and ethical dimension of such law or developments. |
| | Terms of appointment and remuneration |
| | 2 (1) The members of the Commission shall hold and vacate office in accordance with the terms of their respective appointments. |
| (2) | The remuneration of the members of the Commission shall be as set out in writing in the terms of their respective appointments. |
| | 3 (1) An appointment of a person to hold office as a member of the Commission shall be for a term not exceeding three years. |
| (2) | A person holding office as a member of the Commission— |
| (a) | may resign that office by giving notice in writing to the Secretary of State, and |
| (b) | may be removed from office by the Secretary of State on the ground of incapacity or misbehaviour. |
| (3) | Before removing a member of the Commission the Secretary of State shall consult the Commission. |
| (4) | No person may hold office as a member of the Commission for more than six years in total. |
| | 4 (1) The Commission may appoint such staff as it may determine. |
| (2) | The Commission may establish committees and any committee of the Commission may establish sub-committees. |
| (3) | The members of a committee of the Commission may include persons who are not members of the Commission (and the members of a sub-committee may include persons who are not members of the committee or of the Commission). |
| | 5 (1) The Commission may regulate its own procedures (including quorum). |
| (2) | The validity of anything done by the Commission is not affected by a vacancy among its members. |
| | 6 The Commission shall act in an independent capacity to undertake or promote studies designed to enable it to— |
| (a) | prepare reports on ethical, social and legal issues arising from scientific advances in embryology, human biology, human biotechnology, human medicine and genetics; |
| (b) | make general policy proposals and specific recommendations on the issues covered in paragraph (a), taking into account international conventions and European law. |
| | 7 The Commission shall collaborate with international organisations and related bodies working in the field of human bioethics. |
| | 8 The Commission shall contribute to informing the public about issues related to human bioethics and the impact of developments in this area, and shall promote public awareness and dialogue about these issues. |
| | 9 In carrying out its functions, the Commission may require any Minister of the Crown to provide the Commission or any person authorised by it with such information as the Commission may reasonably require for the discharge of its functions under this section. |
| | 10 The Commission shall publish any report, proposals or recommendations published under paragraph 6 and shall send a copy of any such publication to the Secretary of State and shall lay the published document before both Houses of Parliament. |
| | 11 The Secretary of State shall, within three months of receiving a report, proposals or recommendations from the Commission, present a report to Parliament giving the government's response. |
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