Human Fertilisation and Embryology Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 1. I shall speak also to Amendments Nos. 1, 4, 29, 49 to 52 and 54. Amendments in this group follow discussions in this House and relate to human admixed embryos. The Bill sets out a clear definition of human admixed embryos, and ensures that all such embryos are regulated and may not be created without a licence. The Government have listened very carefully to arguments from the scientific community about the need to create admixed embryos for research. This matter has been closely scrutinised by parliamentary Select Committees, and voted on in both Houses. The Human Fertilisation and Embryology Authority also ran a public consultation on this issue last year. One motivation for allowing this research to go ahead is the limited availability of human eggs for advancing techniques in cell nuclear replacement, a process used in therapeutic cloning. Scientists are hoping to use as a substitute rabbit or cow eggs, which are abundantly available. There is clearly a wide spectrum of embryos that could be created using human and animal genetic material. The Bill captures the creation, keeping and use of those embryos that are at the human end of the spectrum—in other words, with predominantly human genetic make-up. Research using embryos at the animal end of the spectrum has been undertaken for some time in this country, and regulated by the Home Office under the Animal (Scientific Procedures) Act 1986. Amendments Nos. 50 to 52 make consequential changes to Schedule 2 to the Bill to bring the new category of human admixed embryos into line with other categories under the Bill, so that the creation, keeping and use of any admixed embryos to which the Bill applies could be licensed by the HFEA. Amendment No. 29 is consequential to Amendment No. 50. Amendment No. 1 is minor and technical, to ensure consistent use of the term ““keeping or using””. This phrase is used in existing Section 3(3)(a). The amendment ensures that the term is used consistently throughout the Bill, by amending new Section 4A(3) to ensure consistency in the wording. Amendment No. 4 relates to definitions in the Bill. The 1990 Act defines an embryo as a live human embryo. It also states that references to embryo include an egg in the process of fertilisation. The Bill defines an egg as a cell of the female germ line at any stage of maturity, but not including an egg in the process of fertilisation. This is because the definition of an embryo expressly includes an egg in the process of fertilisation. To ensure that these definitions work together, it is necessary to clarify that the general definition of an egg does not apply to the definition of an embryo. The definitions in Clause 1 do not cover the section relating to human admixed embryos. Therefore, the term ““embryo”” needs to be defined independently in the human admixed embryo provisions and the same exclusion of ““egg”” in the definition of embryo needs to be made. The Bill as it stands does not do so and Amendment No. 4 is a minor technical amendment to rectify this. This amendment ensures consistency between the definitions in the two clauses of the Bill and ensures that they work as they are intended to. Amendment No. 54 is a technical amendment to ensure consistency. Under paragraph 2(1) of Schedule 3 to the 1990 Act, a person’s consent to the use of a human embryo can specify use for the purposes of any project of research, whereas under new paragraph 2(1A) of Schedule 3, as introduced by the Bill, a person’s consent to the use of a human admixed embryo must be for the purposes of use in a project of research. Amendment No. 54 clarifies that a person can give a general broad consent to a human admixed embryo, created using their cells, being used in research, if they choose to do so. Using the word ““any”” makes it clear that consent does not have to be project-specific, although it can be if the donor chooses and removes any doubt about whether a general consent can be given. The amendment ensures consistency with the wording used in relation to human embryos. I beg to move. Moved, That the House do agree with the Commons in their Amendment No. 1—(Lord Darzi of Denham.) On Question, Motion agreed to. 2: Page 4, line 14, at end insert- ““(4A) A licence cannot authorise keeping or using a human admixed embryo in any circumstances in which regulations prohibit its keeping or use.””