UK Parliament / Open data

Human Fertilisation and Embryology Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 8 and 9. I shall speak also to Amendments Nos. 13, 32, 33, 35, 37, 40, 56 and 95 to 103. These are minor and technical drafting amendments to provide correction, clarity and consistency. Amendments Nos. 8 and 9 are purely technical and ensure consistency with the wording of the new Section 13(6) of the 1990 Act, as inserted by Clause 14 of the Bill. The amendments replace the words ““the woman being treated”” in the new Section 13(6B)(a) and the words, "““the woman to be treated””""in the new Section 13(6B)(b) with the words,""““the woman mentioned in subsection (6A)””." This is to make clear that the reference in new Section 13(6B)(a) and (b) refers back to the woman mentioned in new Section 13(6A). Amendment No. 13 is simply a minor drafting amendment, removing the superfluous words ““any of”” in reference to the three paragraphs of new Section 31ZD(3) in connection with the disclosure of information to donors. Amendment No. 32 makes a minor drafting correction to Clause 40. It is purely technical and changes the words in the clause to ““the man”” instead of ““a man””, as currently drafted. I turn now to Amendments Nos. 33 and 35. In Clause 43 the woman being treated is referred to as ““W””. Amendment No. 33 corrects a reference to ““she”” and replaces it with ““W”” for consistency. Amendment No. 35 makes a similar correction to Clause 46; the amendment replaces a reference to ““the woman”” with ““W””. Amendment No. 37 relates to Clause 50, which makes clear what a civil partnership is for the purpose of Clauses 35 to 47. This provision is equivalent to the provision in Clause 49 relating to marriage. The clause makes clear that a civil partnership is one which has been subsisting, unless a separation order is in force, and it includes the parties to a void civil partnership if either or both parties reasonably believed it was valid. Currently Clause 50 applies the definition to ““the”” reference to civil partnerships, but it needs to apply to ““any”” reference to civil partnerships at any time in Clauses 35 to 47. Amendment No. 37 is therefore a grammatical correction to Clause 50, which ensures that the meaning of civil partnership applies to any reference to civil partnership in Clauses 35 to 47 of the Bill. Amendment No. 40 makes a minor amendment to Clause 55, which provides for the Secretary of State to be able to make regulations relating to enactments about adoption. Clause 55(3) lists what the enactments about adoption are. Amendment No. 40 makes a technical change to Clause 55(3) to ensure that it reads consistently with Clause 55(1) by changing ““enactments relating to adoption”” to ““enactments about adoption””. Amendment No. 56 is a drafting amendment to ensure consistency in situations where consent is required. This amendment is consequential to the embryo training provisions in the Bill, which allow embryologists to train using donated embryos. Provisions in the Bill ensure that before an embryo is received by any person, effective consent to the use of that embryo must be in place. Under the Bill, this consent could be to treatment, research or both. This amendment adds that consent could have been given for the use of an embryo in training. The person receiving the embryo must ensure that consent to one or more of these purposes is in place. Amendment No. 95 corrects the amendments in Schedule 6 to the Births and Deaths Registration Act 1953 so that reference to ““that person”” is replaced with ““the woman concerned”” to reflect the definition inserted into Section 10(1B)(b)(i) of ““a woman concerned”” as a parent of a child by virtue of Clause 43 of the Bill. Amendments Nos. 98 and 99 are also technical and correct the amendment to the Registration of Births, Deaths and Marriages (Scotland) Act 1965 so that the references to ““other parent of the child”” and references to the ““person”” are replaced by ““the woman concerned”” to reflect the definition inserted into Section 18B(1) of ““a woman concerned”” as the parent of a child by virtue of Clause 43 of the Bill. Amendments Nos. 96, 97, 101 and 102 make technical corrections to ensure that the Bill refers to the formation of a civil partnership and not the time of the civil partnership. This is because Section 1 of the Civil Partnership Act 2004 defines a civil partnership as the relationship, not the ceremony. Therefore, references to entry into marriage cannot be translated to civil partnerships. Amendment No. 100 is a drafting correction to change the reference in Section 18B(3)(b) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 from ““a child”” to ““the child”” as the reference is to the child referred to earlier in subsection (3). Amendment No. 103 is a technical correction; it corrects the amendment to the Children (Northern Ireland) Order 1995 under paragraph 75 of Schedule 6 to the Bill to make an equivalent provision to the amendment to the Family Law Reform Act 1987 under paragraph 24(3) of Schedule 6 to the Bill, which makes provision for England and Wales. The amendment brings Northern Ireland provision in line with the provision for England and Wales, and ensures that both provisions read ““domiciled immediately””. I beg to move. Moved accordingly, and, on Question, Motion agreed to.
Type
Proceeding contribution
Reference
704 c1627-9 
Session
2007-08
Chamber / Committee
House of Lords chamber
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