Human Fertilisation and Embryology Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 14 to 23.We recognise that it is very important that the 1990 Act and the Bill strike the right balance between, on the one hand, safeguarding the confidential information of patients, their partners, donors and children held by the HFEA and clinics and, on the other hand, allowing information to be disclosed by the HFEA and clinics in circumstances that warrant it. However, at present the 1990 Act is not as conducive to this as it could be. For instance, it prohibits the HFEA from disclosing identity information about patients, even where the patient consents to such disclosure. We regard this as too restrictive. In particular, it is not helpful for follow-up research into the effects of infertility treatment on patients and their children. At present, such research could not draw on information from the HFEA that identified the patient, even if the patient was very keen to see the research take place and had consented to the disclosure of their information. To help this, Clause 25 introduces a provision that allows the HFEA to disclose information from its register of treatment with the consent of the people identified. Following the debate in this House and amendments tabled by the noble Lord, Lord Patel, we gave further consideration to the detail of the new provision. In particular, we have looked at the relationship between disclosure and consent in certain situations. As a result, we have identified where the Bill could benefit from greater clarification. The amendments that we have tabled address this. The group of amendments provides that disclosure of identifying information about a person aged under 18 must have their consent or, if they are not competent to consent, the consent of someone who has parental responsibility for them. This is important, as researchers may well want information about the child in order to undertake follow-up research into their health. This could be a sensitive issue for the child and it is only right that their consent to the disclosure of information is obtained. The amendments also ensure that the consent provisions do not allow for the provisions in the 1990 Act and the Bill for the disclosure of identifying information about donors to be inadvertently circumvented. Those specific provisions in Section 31(3) to (7) of the 1990 Act, and carried forward by new Sections 31ZA and 31ZB in Clause 24 of the Bill set out the circumstances in which the HFEA can disclose identifying donor information. They provide, for instance, that identifying information about donors can only be provided to a relevant person aged 18 or over. The amendments ensure that this remains the correct route by which identifying donor information, with all its associated sensitivities, is disclosed by the HFEA to people who may be born as a result of such treatment. The amendments make these circumstances exceptions to the new provisions for the HFEA to release information with the consent of those identified. In doing so, they remove, for example, the risk of parents putting pressure on the HFEA to approach a donor for consent to his identifying information being released to them and their child. I beg to move. Moved accordingly, and, on Question, Motion agreed to. 24: Page 32, line 26, at end insert- ““( ) In subsection (7), for ““section 10(2)(a)”” substitute ““section 19B(3)(a) or 20B(3)(e)““.”” 25: Page 32, line 31, leave out ““(7) or”” 26: Page 33, line 21, leave out ““, (6) and (7)”” and insert ““and (6)””