Human Fertilisation and Embryology Bill [HL]

Wednesday 15th November 2006 at 12:12 AM

The aim of the Bill is to update the regulation of assisted reproduction and embryo research in light of recent technological developments and changing societal perceptions. Current legislation (under the Human Fertilisation and Embryology Act 1990) is widely viewed as being based on outdated consideration and debate.

The Bill addresses regulation, embryonic sex selection, the welfare of the child, same-sex couples, restrictions on use of HFEA-collected data and increasing the scope of embryo research activities.

The draft Human Tissue and Embryo Bill was published earlier this year and a Department of health white paper on human fertilisation was published at the end of last year. The provisions of the Bill are somewhat controversial as the government is perceived to have reneged on its position in the white paper, which sought a complete ban on the creation of embryos made by fusing human and animal cells.

During second reading in the Lords, Liberal Democrat spokesman for health, Baroness Barker began by outlining her party’s position on the Bill. She told MPs, that "it is our party's policy to support the use of embryos for research designed to improve reproductive medicine and to find cures for disease. However, in recognition of conflicting and very deeply-held religious and moral views, we, like the Conservatives, believe that this should be open to a free vote. It is also our party's policy that individual women and lesbian and gay couples should not face discrimination when they seek fertility treatment."

Opposition spokesperson for health Earl Howe announced any opinions he expresses throughout the debate will not be representative of his party. A troubling feature of the Bill, he stated, is that it “lacks the equivalent of a Warnock report establishing the ethical values and evidence-based pointers that should guide Parliament and the regulator in these novel areas of decision-making.” In particular, Earl Howe said the question of whether or not to legalise the creation of hybrid embryos remains.

The concept of parenthood as a legal responsibility, rather than a biological relationship as set out in the Bill will attract controversy, he added.

Health minister Lord Darzi wound up the debate. He said the government agree that there “should be a full public debate on complex ethical, moral and social issues, but we have tried to take as inclusive and as deliberative an approach as possible in our review of the legislation and the development of our proposal.”

The Bill gives the HFEA scope to introduce arrangements to enable licence applications to be dealt with more quickly. This, Lord Darzi explained, would prevent important research from being delayed.

The government have considered the idea of an independent commission on several occasions and have expressed their view that the present system, whereby a number of bodies are able to consider and advise on various ethical issues, is preferable, Lord Darzi added.

“There is no ban on single women or same-sex couples receiving assisted conception treatment. There is no requirement in the law as it stands that there must be a father or any man involved in the upbringing of the child,” he concluded.

House of Lords

First reading: November 8 2007 [HL Bill 6]

Second reading: November 19 2007 (debate adjourned)

Resumption of second reading: November 21 2007

Grand Committee: