Human Fertilisation and Embryology Bill [Lords]

I start by saying clearly—I will return to this point, as the hon. Member for Boston and Skegness (Mark Simmonds) asked me to—that the Bill sets out a clear prohibition on human reproductive cloning and the genetic modification of gametes or embryos that are to be used for treatment purposes. It does that through the provisions set out in clause 3. At the end of my comments on the amendments, I will return to the subject to lay that out clearly. Amendments Nos. 41, 49 and 73 seek to restrict the provisions in the Bill that aim to prevent the transmission of mitochondrial diseases. Research is currently being carried out, under a Human Fertilisation and Embryology Authority licence, on ways to avoid those devastating diseases. To remind ourselves, we are talking about dementia, respiratory problems, gastro-intestinal disorders, stroke and brain atrophy. In recognition of the severity of those conditions and the potential for such research to provide effective treatment, the Bill provides, through a regulation-making power, for eggs or embryos that have had applied to them a specific process enabling them to avoid serious mitochondrial diseases to be considered ““permitted””. They can therefore be used in treatment. The particular process and the circumstances in which that would be appropriate would be detailed in regulation. I take the caution given by the hon. Member for Oxford, West and Abingdon (Dr. Harris) about acknowledging the sensitivities and difficulties in that area. The safety of using the techniques has not yet been established. They would need to be assessed carefully before being deployed as options for patients in treatment. The regulating power would allow for that consideration through a full consultation, to gather the views of the public, ethicists and relevant stakeholders on the appropriate use of using donor eggs for that purpose. For example, as some hon. Members have pointed out today, and as has been raised in the House before, there would need to be consideration about the status of the egg donor if donations from which only the mitochondria is used were made. In addition to the public consultation, we believe that Parliament should not be asked to decide on this issue now, for precisely the reasons that have been mentioned: the facts should be before Parliament before it makes a decision. It should be asked to take the decision only when all the facts are clearly available. Amendment No. 41 seeks to limit the regulating powers so that embryos or eggs that have undergone cell nuclear replacement could not be permitted for use in treatment. Following debate in another place and in this House, the Government carefully considered the drafting of proposed new section 3ZA of the Human Fertilisation and Embryology Act 1990, and whether it needed to be amended. After careful consideration, the Government's view is that the drafting is clear and does not require amendment. The precise process by which mitochondrial diseases may be treated is not yet clear, and amendment to the regulating powers would inadvertently risk and reduce the scope and the process for treatments to be allowed. Secondly, the regulation-making power is limited to the treatment of mitochondrial diseases only. Thirdly, the regulations would be subject to considerable public consultation and then to debate in Parliament. That would enable all the concerns to be raised. In taking that forward, the Government are balancing the need to have the facts before taking decisions with the recognition that the power is about helping couples conceive a child that is genetically theirs, but without the fatally flawed mitochondria that affect the maternal line. That is the balance that we are trying to strike; we have left things open for further consideration. That is why we are proceeding as we are.