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Human Fertilisation and Embryology Bill [HL]

No other field has been as extensively analysed by the lawyers as well as by the ethicists. The noble and learned Law Lords of this House gave a judgment in the case of the Hashmi family, who were the first family to be granted permission by the HFEA. Their little son Zain suffered from beta thalassemia major, which might be cured by umbilical cord blood. The HFEA gave permission and was roundly condemned. When it subsequently refused permission in the case of the Whitakers, where diamond blackfan anaemia was at issue, it was again roundly condemned. The Law Lords gave judgment in the case of Hashmi and found that the procedure was legal and, I believe, ethical. The trouble lies in the Human Tissue Act. It has been said in many quarters that it is a pity that amendments are not being made to the Human Tissue Act on this occasion. Until very recently there would have been no question of a donation from a child who did not have the capacity to consent unless that child was made a ward of court. The judges would consider the case and most likely not give their permission. The fault lies, if there is one, in this new law that the HTA should be giving permission in these cases. The Law Lords regarded it as legal for umbilical cord blood to be used, although in fact the Hashmis never succeeded in becoming pregnant. The lady in the case did have a child naturally, but that child was not a matching sibling. There is only a one in 16 chance of finding an embryo that is free of the disease and is capable of developing into a saviour sibling. In other words, the law is very narrow indeed. The fault lies, if I have it right, in the removal of the wardship jurisdiction which would protect a child who did not have the capacity of consenting to have an organ taken. As to ““means to an end””, I am sure that Members of the Committee will agree that no one should be used as a means to an end, but until the dawn of the age of contraception very recently there could be no question as to whether there was a good or a bad reason to have a child. People had babies because they came along, maybe to till the land, to inherit a title indeed, or for whatever reason, and there is no question but that parents are likely to love that saviour sibling very much indeed because they have gone to enormous lengths to have it. The Law Lords have been on the side of this procedure. The fault lies in the way that permission might be given in relation to any tissue other than the umbilical cord.