Human Fertilisation and Embryology (Special Exemption) Regulations 2009

Quite so, my Lords. The procedures to be followed by this appeals committee follow established principles and practices in similar organisations. It is helpful that appellants, witnesses and advisers should have a clear understanding of the procedure to be followed in the event of a dispute. I have one small technical question. Regulations 17, 18 and 27 spell out the number of days within which certain actions must be happen—notification must be given and decisions must be communicated. Are those working days or are they calendar days? I speak as one who was once caught in the vicious crossfire of a procedure where that point was not clear. It gave people who were already upset about an issue something else to have a fight about. It is a very simple matter but needs to be clarified. I turn to the special exemption regulations that deal with storage of embryos and gametes without a licence. I understand that this is necessary for the purposes, for example, of investigating a crime. I wonder whether the Government have considered placing a limit on the length of time for which gametes and embryos could be stored in unlicensed storage. It seems to be an open-ended question. It is not clear from the regulations whether the HFEA continues to have responsibility for safe storage for the duration of the existence of a gamete or an embryo. For example, when an investigation has been concluded, does the HFEA retain responsibility? Will embryos and gametes be returned to the HFEA or does the responsibility transfer and remain with the other authority? I raise point that because there is considerable concern that we might just be opening a door through which unscrupulous people might chose to walk. I welcome the regulation that sets out the conditions for the storage of gametes for other purposes. In particular, I welcome Regulation 3(2)(c), which recognises that gametes may be stored for the purpose of teaching. That was the purpose behind an amendment that I tabled during the passage of the Bill, and I am glad that that has been recognised by the Government in the context of the safeguards that are set out in the relevant paragraph, the most important of which is that any gametes stored in that way must never be used for reproduction. I turn briefly to the consequential amendments order. As I sat down to read these provisions, many of which essentially change other legislation to reflect the decision made by this House on second female parents, I thought that this House would do well to be reminded of what excellent legislation this Act is. Parliament and, in particular, this House should be proud because this order, in its detail, demonstrates just how difficult it has been hitherto for lesbian and gay families to give children the security that other children enjoy as of right. Anyone who reads this order can be in no doubt that the HFEA Act in its effect is serving the best interests of children and their families, and it will give those children stability in a way that was never possible before. I have two questions to put to the Minister. First, will he explain the purposes of Paragraphs 3 and 4 on page 18 which amend the Private and Voluntary Health Care (England) Regulations and the Private and Voluntary Health Care (Wales) Regulations? It is not clear to me what those amendments are designed to do. Do they mean that private clinics providing fertility services must recognise couples where both people are women? I may be wrong and so I would welcome clarification on that. Secondly, on the transitional and saving provisions, I understand that the intent of this order is to ensure that treatment and research programmes that were initiated under the current law can continue with minimal disruption to patients. Can the Minister confirm that nothing that was prohibited under the existing law would be permissible under the transitional arrangements? If he could give that assurance, I think that noble Lords would consider that their intentions, as expressed during the passage of the Bill, had been satisfied. I very much welcome these regulations.