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Department of Health

I welcome the opportunity to debate this important and topical issue on the Floor of the House. I once again pay tribute to the former Chairman of the Science and Technology Committee, the hon. Member for Norwich, North (Dr. Gibson), and members of the previous Committee on producing an extremely thorough and thoughtful report shortly before the 2005 general election. Few areas of medical and social policy command greater interest or promote greater controversy than research and clinical practice in the area of human reproductive technologies. Producing the report was in itself a considerable challenge. It is no secret that at least half the membership of the Committee disagreed with the report. Well, some people disagreed with it, and it was a real challenge to agree on a final report to bring before the House. That reflects the divisions not only in the Committee but in society on these issues. There would have been something strange about an all-party Committee that did not have significant disagreements on this subject. In spite of the difficulties in arriving at a consensus, the Committee was right to tackle the question. It is surely the job of Parliament to lead debate and not to shy away from key issues of public concern, however divisive they may prove to be. I would argue that this is a good example of the Select Committee system in operation: not simply scrutinising but helping to influence policy. The Committee’s inquiry began in late 2003. They began because the Committee had serious concerns about the Human Fertilisation and Embryology Authority. The Government said that they would keep the HFEA under review. The Science and Technology Committee thought that that was not good enough. The Chairman said that the HFEA should be reconnected with the 1990 legislation. That was one of the reasons behind the inquiry. A year later, in 2004, the Department of Health announced its own review of the Human Fertilisation and Embryology Act 1990. The Department sensibly waited for the Committee to produce its report before issuing a consultation alongside its response in August 2005. The results of the consultation were published in March of this year, and further announcements are promised for the summer. The Government should be commended for the way in which they have responded to the Committee’s work. However, after a lengthy period of consultation—it is well over a year now—I think that the time has come for the Government to come forward with firm proposals, and, I hope, to produce a Bill in draft form. A Bill is required anyhow to facilitate the creation of the new regulatory authority for tissue and embryos—RATE—from the Human Fertilisation and Embryology Authority and the Human Tissue Authority, which the Government have pledged to do by 2008. I commend to the Minister a draft Bill which would give the House an opportunity to debate and scrutinise some of the recommendations that will emerge from the Government’s consultation. I hope that today’s debate, and the Minister’s appearance before the Science and Technology Committee next week, will stimulate some decision making on the role of the new authority and related issues. Before tackling some of the more controversial aspects of the Committee’s report, I shall outline the boundaries of the debate. I shall do so by stressing areas of agreement on the fundamental issues, which are unlikely to change. Both the Government and the Committee agreed with the gradualist approach to the status of the embryo adopted by the original Warnock Committee. I acknowledge that there are those who may disagree with this approach. However, I do not think that there is any realistic chance of it being dropped now for the purpose of legislation—so I think that we must start with the premise of the gradualist approach. I think that there is general agreement that assisted reproduction is a legitimate area of interest for the state. It is only the extent of that interest that is in question. That in vitro fertilisation is now a common clinical procedure is not in question. The Government agree that legislation should take account of consequent changes in public perception, and that is what the debate is all about. The question is: how far are we prepared to accept assisted reproduction being regulated like other medical procedures, and what additional safeguards are required to protect the human embryo and the future child? Other points on which the Government agree with the Committee are that there is a need for greater clarity in the policy-making functions of HFEA, and that legislation covering abortion should be removed from the Human Fertilisation and Embryology Act. I will return to that point later. The Government also agree with the Committee that there is a need for some rationalisation of existing bodies. These areas of broad agreement provide a solid foundation for debate on other matters of principle, such as the extent and nature of Government intervention in reproductive health. There are, of course, areas of disagreement. That is not surprising. The Committee made 104 recommendations. It is interesting that the Government rejected very few of them outright. Indeed, rather than do so, the Government chose instead to consult more widely to gauge professional and public opinion. Not surprisingly, there was disagreement over the Government’s use of the precautionary principle. I am rather pleased that my hon. Friend the Member for Oxford, West and Abingdon (Dr. Harris) is not here to make a speech. He is delayed and has sent his apologies to the House. We have just spent a considerable amount of time discussing the precautionary principle in a new inquiry, and we have not come to any sensible conclusion. The hon. Member for Braintree (Mr. Newmark) nods from a sedentary position. The Committee’s recommendation to include the Human Genetics Commission in the new regulatory body was a rationalisation too far for the Government, but I am sure that the hon. Member for Norwich, North would like to take up that issue later, because it was a fundamental proposal in the Committee’s report. My hon. Friend the Member for Oxford, West and Abingdon is in Committee at the moment and there was a vote at 4 o’clock, which is why he is delayed. I know that he has given his apologies to Members—in case there was some concern over his health. The Government disagreed with the Committee’s argument that there was a mismatch between the protection afforded by legislation to an embryo created in vitro before implantation and one at a later stage of development. The Committee was pointing out that allowing the greater use of pre-implantation genetic diagnosis, or PGD, may mean that the demand for abortions falls—particularly in the case of abortion on the grounds of foetal sex, which is technically illegal but difficult to police. Perhaps the greatest area of disagreement was over the future role of Parliament in regulation. I will return to that a little later.