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. 10 to 13, to which I have spoken with Amendments Nos. 6 and 8. Moved accordingly, and, on Question, Motion agreed to. 14: Page 26, leave out lines 22 to 41 and insert- ““(g) the disclosure is made so that no individual can be identified from the information, (h) the disclosure is of information other than identifying donor information and is made with the consent required by section 33AB,”” 15: Page 26, line 41, at end insert- ““(ja) the disclosure- (i) is made by a person who is satisfied that it is necessary to make the disclosure to avert an imminent danger to the health of an individual (““P””), (ii) is of information falling within section 31(2)(a) which could be disclosed by virtue of paragraph (h) with P's consent or could be disclosed to P by virtue of subsection (10), and (iii) is made in circumstances where it is not reasonably practicable to obtain P's consent,”” 16: Page 27, leave out lines 38 to 50 17: Page 28, leave out lines 1 and 2 18: Page 28, line 7, leave out from ““of”” to ““or”” in line 12 and insert ““identifying donor information,”” 19: Page 28, leave out lines 18 to 30 20: Page 28, line 36, leave out ““treated together with another”” and insert ““who is treated together with, or gives a notice under section 37 or 44 of the Human Fertilisation and Embryology Act 2008 in respect of, another”” 21: Page 28, leave out lines 39 and 40 22: Page 28, line 45, at end insert- ““( ) In this section ““identifying donor information”” means information enabling a person to be identified as a person whose gametes were used in accordance with consent given under paragraph 5 of Schedule 3 for the purposes of treatment services or non-medical fertility services in consequence of which an identifiable individual was, or may have been, born.”” 23: Page 28, line 45, at end insert- ““33AB Consent required to authorise certain disclosures (1) This section has effect for the purposes of section 33A(2)(h). (2) Subject to subsection (5), the consent required by this section is the consent of each individual who can be identified from the information. (3) Consent in respect of a person who has not attained the age of 18 years (““C””) may be given- (a) by C, in a case where C is competent to deal with the issue of consent, or (b) by a person having parental responsibility for C, in any other case. (4) Consent to disclosure given at the request of another shall be disregarded unless, before it is given, the person requesting it takes reasonable steps to explain to the individual from whom it is requested the implications of compliance with the request. (5) In the case of information which shows that any identifiable individual (““A””) was, or may have been, born in consequence of treatment services, the consent required by this section does not include A's consent if the disclosure is necessarily incidental to the disclosure of information falling within section 31(2)(a). (6) The reference in subsection (3) to parental responsibility is- (a) in relation to England and Wales, to be read in accordance with the Children Act 1989; (b) in relation to Northern Ireland, to be read in accordance with the Children (Northern Ireland) Order 1995; (c) in relation to Scotland, to be read as a reference to parental responsibilities and parental rights within the meaning of the Children (Scotland) Act 1995.””
Type
Proceeding contribution
Reference
704 c1629-30 
Session
2007-08
Chamber / Committee
House of Lords chamber
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