Question
How the definitions used by the Human Fertilisation and Embryology Authority in the appeals process prior to awarding licence R0153 compare with the definitions of nucleus, pronucleus and genetic structure provided in both the Human Fertilisation and Embryology Act 1990 and the draft Human Tissue and Embryos Bill.
Answer
The terms nucleus, pronucleus and genetic structure are not defined in the Human Fertilisation and Embryology Act 1990. With respect to nucleus and pronucleus, the appeals committee that considered the application that resulted in awarding licence R0153 was satisfied that the pronucleus is not the same as the nucleus. Having reached agreement on this distinction, the committee considered that the prohibition contained in Section 3(3)(d) of the Act did not extend to the proposed research involving the pronuclei. The draft Human Tissues and Embryo Bill defines ““nucleus”” as follows: "““‘Nucleus’, in relation to an embryo, includes pronucleus and, accordingly, ‘nuclear DNA’, in relation to an embryo, includes DNA in the pronucleus of an embryo””." Genetic structure is not defined in the 1990 Act and is not mentioned in the draft Human Tissue and Embryos Bill. When considering this, the appeals committee took ““genetic structure”” to have a narrow meaning centring on the expression of nuclear genes that result in heritable characteristics. Following on from that, altering the genetic structure would involve alteration to the genes or the genome and the resulting heritable characteristics. No Members of Parliament were involved in reaching this decision.