Human Fertilisation and Embryology Bill [Lords]

It is a pleasure to follow the hon. Members for Southport (Dr. Pugh) and for Stroud (Mr. Drew), and I support their amendments. Many of us opposed in principle the prospect of human admixed embryos, but we had a vote on that principle and the House decided to go ahead with it. Many also opposed the practical results proposed by the Government; indeed, during discussion of the programme motion today, the Minister again alluded to the prospect of treatment for Alzheimer's disease and other debilitating conditions. Many of us applaud that fine motivation, but are concerned that the Government are marching us up to a false summit. Many of us sought to oppose the move because we felt that there were ready alternatives that are producing therapeutic treatments and offer great prospects of further cures to such debilitating illnesses. I wish to speak to amendment No. 47, tabled in my name and those of other right hon. and hon. Members. It is not a wrecking amendment; it does not seek to oppose the principle of human admixed embryos, as we have to accept the previous will of the House. Nevertheless, there will obviously be a fundamental vote on Third Reading. Our amendment seeks to do something important: plug a gap that has exercised the minds of many. The Minister has mentioned that there have been 80 hours of deliberation and many of those have been taken up in discussion of whether the definitions of human admixed embryos in the Bill are adequate. Amendment No. 47 is significant, and I will want to press it to a Division. On Third Reading in the other place, the noble Lord Darzi raised the issue of definition. He said:"““My Lords, the issue of defining human admixed embryos has long vexed all those who have tried to tackle it. It was probably the topic that the Joint Committee of both Houses that scrutinised the draft Bill spent most time considering.””" Like other hon. Members here, eighteen months ago I was a member of that ably chaired Joint Committee. We sought to be as constructive as possible to assist the Government to come to an appropriate definition. The House of Lords Science and Technology Committee also undertook an inquiry specifically into the issue of definitions, which is a matter that has led us down many different paths. Indeed, I pay tribute to the noble Lord Mackay, who gave particular consideration to the issue, both in the Joint Committee and in the other place, with Ministers and others, to try to help us come to a definition. As a lawyer, I would perhaps tend to look to definitions as an important part of any Bill. It is therefore quite right that we should begin our considerations this afternoon with the issue of definition. If we cannot get the definitions right, that does not hold out much hope for the Bill's practical application. Notwithstanding all the results that we want to achieve, it should concern us all in the House if we cannot get the definition right. I therefore hope that my amendment No. 47 will attract widespread support from those who, despite being vehemently for or against human admixed embryos in principle, whatever I say, are concerned that the definitions in the Bill should be comprehensive. The noble Lord Darzi said on Third Reading:"““We are now facing what we hope will be the final steps in this journey.””" Those final steps led to an essentially catch-all definition, which he described in that debate in terms of clause 4, which includes a"““regulation-making power to extend the definition of human admixed embryos if necessary.””" He added:"““It has been included to ensure that if someone comes up with the type of human-animal embryo at the human end of the spectrum that is not captured by the definition, there is a power to extend the definition to catch it. This is a future-proofing mechanism.””" It is for this House to try to ensure to the best of our ability that we get the definitions right, so that they are fully comprehensive and so that everyone out there—the scientists and the public—is clear about what we mean by human admixed embryos. We should not simply devolve the issue to future delegation or a future-proofing mechanism. That is not satisfactory. The gap in the current definitions needs to be addressed properly. My amendment No. 47 seeks to do that. The gap is crucial—it is the gap in the law between the Bill and the Animals (Scientific Procedures) Act 1986. The amendment standing in my name addresses that gap, by adding another type of chimeric embryo to the definition of ““human admixed embryo”” in clause 4, which would otherwise remain unregulated. The science behind the creation of such embryos is complex—one would perhaps need a hot towel on one's head to understand it fully—but it is important not to be blinded by that complexity, because the concept is very simple. Indeed, the noble Lord Darzi put the issue in its proper context, again on Third Reading, saying that the Government's intention was for the Bill to ensure that the Human Fertilisation and Embryology Authority"““regulates human-animal embryos at the human end of the spectrum.””— [Official Report, House of Lords, 4 February 2008; Vol. 698, c. 853- 4.]" That is the context that my amendment No. 47 seeks to address. That principle was reinforced in Committee on 19 May by proposed new section 4A (6)(e) to the 1990 Act, which captures any embryo outside the other definitions of a human admixed embryo in subsection (6) that"““contains both nuclear or mitochondrial DNA of a human and nuclear or mitochondrial DNA of an animal…but in which the animal DNA is not predominant.””" Hon. Members need to ask themselves today whether that provides sufficient clarity or whether there are any circumstances that would lead to a lack of regulation of a key area of research.