House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

165

House of Commons

Thursday 12th June 2008

Public Bill Committee

New Amendments handed in are marked thus

Other Amendments not tabled within the required notice period are marked thus

Human Fertilisation and Embryology Bill [Lords]

(Except Clauses 4, 11, 14 and 23, Schedule 2, and any new Clauses or new Schedules relating

to the termination of pregnancy by registered medical practitioners)

Note

The Amendments have been arranged in accordance with the Order of the

Committee [3rd June 2008].

Mark Simmonds

159

Clause  48,  page  43,  line  4,  leave out paragraph (b).

Mark Simmonds

160

Clause  48,  page  43,  line  9,  leave out paragraph (b).

Dawn Primarolo

59

Clause  48,  page  43,  line  13,  at end insert—

‘(5A)
In relation to England and Wales and Northern Ireland, a child who—

(a)
has a parent by virtue of section 42, or

(b)
has a parent by virtue of section 43 who is at any time during the period

beginning with the time mentioned in section 43(b) and ending with the

time of the child’s birth a party to a civil partnership with the child’s

mother,


is the legitimate child of the child’s parents.’.

Public Bill Committee: 12th June 2008
166

Human Fertilisation and Embryology Bill [Lords] continued

Dawn Primarolo

60

Clause  50,  page  44,  line  10,  at end insert—

‘( )
The reference in section 48(5A)(b) to a civil partnership includes a reference to a

void civil partnership if either or both of the parties reasonably believed at the

time when they registered as civil partners of each other that the civil partnership

was valid; and for this purpose it is to be presumed, unless the contrary is shown,

that one of them reasonably believed at that time that the civil partnership was

valid.’.

Mark Simmonds

175

Clause  52,  page  44,  line  34,  leave out subsection (2).

Dawn Primarolo

61

Clause  53,  page  45,  line  16,  at end insert—

‘( )
the Schedule to the Population (Statistics) Act 1938 (c. 12),’.

Dr Evan Harris

161

Clause  54,  page  45,  line  41,  leave out ‘made by two people (“the applicants”)’.

Dr Evan Harris

162

Clause  54,  page  45,  line  42,  after second ‘the’, insert ‘applicant or’.

Dr Evan Harris

163

Clause  54,  page  46,  line  1,  after ‘not’, insert ‘the applicant or’.

Dr Evan Harris

164

Clause  54,  page  46,  line  4,  after first ‘of’, insert ‘the applicant or’.

Dr Evan Harris

165

Clause  54,  page  46,  line  7,  leave out subsection (2) and insert—

‘(2A)
An application for a parental order may by made by—

(a)
a couple or

(b)
one person who is not married or a civil partner.

(2B)
In this section, a couple means—

Public Bill Committee: 12th June 2008
167

Human Fertilisation and Embryology Bill [Lords] continued

(a)
a married couple or

(b)
civil partners or

(c)
two people (whether of different sexes or the same sex) who are living

together in an enduring family relationship and who are not within the

prohibited degrees of relationship to each other.

(2C)
A parental order may be made on the application of one person who is married or

is a civil partner if the court is satisfied—

(a)
that the person’s spouse or civil partner cannot be found,

(b)
the spouses or civil partners have separated and are living apart and the

separation is likely to be permanent, or

(c)
the person’s spouse or partner is by reason of ill health, whether physical

or mental, incapable of making an application for a parental order.’.

Dr Evan Harris

166

Clause  54,  page  46,  line  13,  after first ‘the’, insert ‘applicant or’.

Mark Simmonds

176

Clause  54,  page  46,  line  16,  leave out subsection (4).

Dr Evan Harris

167

Clause  54,  page  46,  line  17,  after second ‘the’, insert ‘applicant or’.

Dr Evan Harris

168

Clause  54,  page  46,  line  18,  after ‘applicants’, insert ‘(or in the case of a single

person, the applicant)’.

Dr Evan Harris

169

Clause  54,  page  46,  line  20,  after ‘applicants’, insert ‘(or in the case of a single

person, the applicant)’.

Dr Evan Harris

170

Clause  54,  page  47,  line  10,  after ‘by’, insert ‘a single person or by’.

Mark Simmonds

177

Clause  54,  page  47,  line  13,  after ‘wife’, insert ‘who, in the case of couples who are

neither married nor in a civil partnership, must have been in a relationship for a minimum

period of twelve months.’.

Public Bill Committee: 12th June 2008
168

Human Fertilisation and Embryology Bill [Lords] continued

Dawn Primarolo

104

Schedule  6,  page  72,  line  25,  at end insert—

‘Population (Statistics) Act 1938 (c. 12)

A1  (1)
In the Schedule to the Population (Statistics) Act 1938 (particulars which may

be required), in paragraph 1 (which relates to the registration of a birth)—

(a)
in paragraph (b), after “child,” insert “or as a parent of the child by

virtue of section 42 or 43 of the Human Fertilisation and Embryology

Act 2008,”, and

(b)
in paragraph (c)—

(i)
in sub-paragraph (i), after “marriage” insert “or of their

formation of a civil partnership”, and

(ii)
at the beginning of each of sub-paragraphs (ii) and (iii) insert

“where the parents are married,”.

      (2)
Sub-paragraph (1)(b)(ii) does not extend to Scotland.’.

Mark Simmonds

178

Clause  59,  page  49,  line  23,  at end insert—

‘(2C)
Not for profit bodies can only recoup the costs incurred—

(a)
initiating or taking part in negotiations with a view to the making of a

surrogacy arrangement, or

(b)
compiling any information with a view to its use in making, or

negotiating the making of, a surrogacy arrangement.’.

Mark Simmonds

179

Clause  59,  page  49,  line  38,  leave out subsection (7).

Mr Tom Clarke

152

Clause  60,  page  50,  line  1,  leave out from ‘(2)’ to end of line 2 and insert ‘after “or

human embryos”, insert “but includes human admixed embryos”.’.

Dawn Primarolo

105

Schedule  7,  page  99,  line  24,  at end insert—

‘2A
In section 7 of the 1990 Act (reports to Secretary of State) for subsection (1)

substitute—

“(1)
The Authority shall prepare—

Public Bill Committee: 12th June 2008
169

Human Fertilisation and Embryology Bill [Lords] continued

(a)
a report for the period beginning with the 1 August preceding

the relevant commencement date (or if that date is a 1 August,

beginning with that date) and ending with the next 31 March,

and

(b)
a report for each succeeding period of 12 months ending with

31 March.

(1A)
In subsection (1)(a) “the relevant commencement date” means the day

on which paragraph 2A of Schedule 7 to the Human Fertilisation and

Embryology Act 2008 comes into force.

(1B)
The Authority shall send each report to the Secretary of State as soon

as practicable after the end of the period for which it is prepared.”’.

Dawn Primarolo

106

Schedule  7,  page  99,  line  27,  at end insert—

‘
In section 14A of the 1990 Act (conditions of licences: human application), in

subsection (1)—

(a)
omit the “and” at the end of paragraph (a), and

(b)
at the end of paragraph (b) insert “, and

(c)
every licence under paragraph 3 of that Schedule, so

far as authorising activities in connection with the

derivation from embryos of stem cells that are

intended for human application.”.’.

Dawn Primarolo

107

Schedule  7,  page  99,  line  27,  at end insert—

‘
In section 15 of the 1990 Act (conditions of research licences) after subsection

(4) insert—

“(5)
If by virtue of paragraph 15F of Schedule 3 (existing cell lines)

qualifying cells, as defined by paragraph 15F(2) of that Schedule, of a

person (“P”) are used to bring about the creation in vitro of an embryo

or human admixed embryo without P’s consent, steps shall be taken to

ensure that the embryo or human admixed embryo cannot

subsequently be attributed to P.”’.

Dawn Primarolo

108

Schedule  7,  page  100,  leave out line 1 and insert—

    ‘(1)
Section 31A of the 1990 Act (the Authority’s register of licences) is amended

as follows.

      (2)
In subsection (1)—

(a)
omit the “and” at the end of paragraph (a), and

(b)
at the end of paragraph (b) insert “, and

(c)
every licence under paragraph 3 of Schedule 2

authorising activities in connection with the

derivation from embryos of stem cells that are

intended for human application.”.

      (3)
In’.

Public Bill Committee: 12th June 2008
170

Human Fertilisation and Embryology Bill [Lords] continued

Dawn Primarolo

109

Schedule  7,  page  100,  line  41,  at end insert—

‘(4ZB)
A person under the age of 16 years shall have legal capacity to consent

to the use of the person’s human cells in accordance with Schedule 3

to the Human Fertilisation and Embryology Act 1990 for the purposes

of a project of research where the person is capable of understanding

the nature of the research; and in this subsection “human cells” has the

same meaning as in that Schedule.”’.

Dawn Primarolo

110

Schedule  7,  page  101,  line  28,  at end insert—

‘84B
Application to use of human cells to create an embryo in vitro without

adult’s consent

(1)
The use of an adult’s human cells to bring about the creation in vitro

of an embryo or human admixed embryo for use for the purposes of a

project of research—

(a)
without the adult’s consent, and

(b)
where the adult is incapable,


is to be treated as an intervention in the affairs of an adult under this

Act.

(2)
Sections 2 to 5, 8, 11, 14 and 85 of this Act apply to decisions made

under paragraphs 15B and 15D of Schedule 3 to the Human

Fertilisation and Embryology Act 1990 (when consent to the use of

human cells is not required due to adult being incapable of consenting)

as they apply to decisions taken for the purposes of this Act.

(3)
Section 51 of this Act does not apply to the use of an adult’s human

cells to bring about the creation in vitro of an embryo or human

admixed embryo for use for the purposes of a project of research.

(4)
Section 83 of this Act applies to a decision made under paragraphs

15B and 15D of Schedule 3 to the Human Fertilisation and

Embryology Act 1990 as if the person making the decision were

exercising powers under this Act.

(5)
Expressions used in this section and in Schedule 3 to the Human

Fertilisation and Embryology Act 1990 have the same meaning in this

section as in that Schedule.’.

Dawn Primarolo

111

Schedule  7,  page  102,  line  14,  after ‘embryo)’ insert ‘or would require such

consent but for paragraphs 15B and 15F of that Schedule’.

Dawn Primarolo

112

Schedule  7,  page  102,  line  18,  leave out from beginning to ‘in’ in line 21 and insert

‘requirements imposed by Schedule 3 to the Human Fertilisation and Embryology Act

1990’.

Public Bill Committee: 12th June 2008
171

Human Fertilisation and Embryology Bill [Lords] continued

Dawn Primarolo

113

Schedule  7,  page  102,  line  28,  at end insert ‘or would require such consent but for

paragraphs 15B and 15F of that Schedule’.

Dawn Primarolo

114

Schedule  7,  page  102,  line  34,  at end insert—

‘Mental Capacity Act 2005 (c. 9)


In section 30 of the Mental Capacity Act 2005 (research), after subsection (3)

insert—

“(3A)
Research is not intrusive to the extent that it consists of the use of a

person’s human cells to bring about the creation in vitro of an embryo

or human admixed embryo, or the subsequent storage or use of an

embryo or human admixed embryo so created.

(3B)
Expressions used in subsection (3A) and in Schedule 3 to the Human

Fertilisation and Embryology Act 1990 (consents to use or storage of

gametes, embryos or human admixed embryos etc.) have the same

meaning in that subsection as in that Schedule.”’.

Dawn Primarolo

115

Schedule  8,  page  103,  column 2, leave out lines 15 and 16 and insert—

‘In section 12—

(a)
in subsection (1)(c), the words “or non-

medical fertility services”, and

(b)
in subsection (2), the word “and” at the end

of paragraph (a).’.

Dawn Primarolo

116

Schedule  8,  page  103,  line  21,  column 2, at end insert—

‘In section 14A(1), the word “and” at the end of

paragraph (a).’.

Dawn Primarolo

117

Schedule  8,  page  103,  line  26,  column 2, at end insert—

‘In section 31A(1), the word “and” at the end of

paragraph (a).’.