APPENDIX 10: HUMAN FERTILISATION AND EMBRYOLOGY
BILL [HL] — GOVERNMENT RESPONSE
Letter to the Chairman from Lord Darzi of Denham,
Parliamentary Under-secretary of State, Department of Health
1. Thank you for the report from the Delegated
Powers and Regulatory Reform Committee that was published on 22
November 2007 and contained recommendations in relation to the
Human Fertilisation and Embryology Bill.
2. The Government welcomed the recommendations
made by the Committee and has considered them. Amendments to implement
the two recommendations have been brought forward, a copy of these
amendments is enclosed. This letter responds formally to the recommendations.
Inter-species embryos
3. The Committee recommended that the power in
new section 4A(7) that allows the Secretary of State, by regulations,
to make any amendment of the definition of inter-species embryos,
was so wide a power that it was inappropriate. The Government
has considered this point in detail and is therefore proposing
to limit it to a power to amend (but not repeal), and to introduce
a criterion that the power can only be exercised in the light
of scientific developments. This mirrors the limits on a similar
power already in the Bill in relation to human embryos. The power
is subject to affirmative resolution.
Procedure in relation to determination of licences
4. The Committee also recommended that the power
at clause 19B(2) was inappropriately delegated to the Human Fertilisation
and Embryology Authority, and instead should be exercised by the
Secretary of State.
5. Clause 19B(2) provides for a regulation making
power in relation to applications for the determination of licences
under the Act. The power in the Bill as drafted was to be exercised
by the Authority. Clause 19B(3) provides details of what the regulations
may provide, in particular, they may set out procedure in relation
to the determination of licences, including requirements for people
to give evidence or produce documents, and the admissibility of
such evidence.
6. The Government accepts the principle that
this matter should be subject to the level of scrutiny suggested
by the Committee and has brought forward an amendment accordingly.
Embryo testing and sex selection
7. We thank the Committee for raising the point
regarding the power at 1ZC(1). The Government feel that this is
a necessary power in order to be able to be flexible in the future
to add or amend the purposes for which embryos can be tested.
It is possible that in the future new techniques will be developed
to test embryos which are not covered in the Bill. This power
would therefore allow for additional purposes to be added to the
list in paragraph 1ZA(1) to enable the HFEA to issue a licence
for embryo testing for other purposes.
January 2008
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