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Human Fertilisation and Embryology Bill [HL]

I support Amendment No. 55. I should, however, make it clear that I do not support any of the other amendments in this group. I made it clear in the gracious Speech that I was opposed to the Government’s proposal in Clause 14(2)(b) to remove the wording about the child’s need for a father. I could not argue at Second Reading why I thought that the Government were wrong, so I am afraid I will have to detain the Committee for a little longer today. Let me make it clear to the House at the outset that my views have not changed since I ceased to be a Minister. The Government’s position shifted while I was a Minister. I made it clear that I could not support that change if legislation had to be taken through Parliament. My views are not based on any religious beliefs; I have none and I hope that this speech will not cause people to approach me to save my soul afterwards. I am aware that some of my noble friends will not be pleased with what I am going to say. I am in no way homophobic; I have—if I may put it this way—supported the Stonewall ticket on quite a few issues in this House. I disagree with the Government’s amendment for one very simple reason: I consider it to be inconsistent with the Government’s own family policy. That is an area I worked on as an adviser, both in Government and before Government. I believe it to be inconsistent with the great work that the Government have done on pushing the importance of parenting and, in particular, the role of the father. My position on the wording of the 1990 Act is very similar to that set out by the noble and learned Lord, Lord Mackay of Clashfern, on Second Reading. It is worth remembering, as he clearly explained then, that the provision on the child’s need for a father, "““was negotiated here within this House with considerable care and it was accepted unanimously here and I think also in the House of Commons””.—[Official Report, 19/11/07; col. 669.]" The Government have not made the case for changing that position. I was reinforced in that view by the number of people across the House who spoke in support of that approach. If I may remind the House, even the noble Baroness, Lady Warnock, after what I might call a rather racy tilt at the 1990 wording, concluded that she, "““would be quite happy to see it still there””.—[Official Report, 19/11/07; col. 720.]" The great majority of people in the debate accept that the research evidence strongly supports the view that children in general—although not necessarily in all individual cases—do much better in later life across a wide range of measures, including education, employment and offending, when a father is involved. I am not going to wade through the research evidence, but the Joint Committee on the draft Bill did. It also took oral evidence from a large number of experts in this field. It concluded that the balance of view on the committee was that, "““it would be detrimental to remove entirely the requirement to take into account the ‘need for a father’””." The Joint Committee made two other concluding remarks of some significance. The first was that it had, "““little evidence that the existing provisions have caused harm””." Secondly, it recognised that: "““In an area such as this, the law has symbolic value””." I think it does have symbolic value and some of the quotes that have been given about public opinion reflect that view. I shall address the three main arguments that I have heard levelled against the wording of the 1990 Act. First, it is difficult to administer. Secondly, it brings fertility treatment into line with adoption policy. Thirdly, the wording discriminates against single women and gay couples. I am well aware that some doctors involved in fertility treatment are uncomfortable applying the ““father test””, if I may call it that. As my noble friend Baroness Hollis said on Second Reading, we should not have, "““doctors deciding which families are desirable and which are undesirable””.—[Official Report, 21/11/07; col. 857]." However, the legislation, even after the Government’s amendment on fathers, still requires those providing treatment to pick and choose. Fertility treatment is not an NHS service on demand, which is why some people go elsewhere and probably will continue to do so. The legislation now requires those providing NHS fertility treatment to satisfy themselves on the likely welfare of an unborn child and will continue to do so even after the Government’s wording. Some people will be rejected and probably should be. That is the requirement that Parliament is making of doctors as part of the licensing system. It is inescapable that that requirement remains in place. In making those judgments, the grounds for excluding the father provisions as part of the criteria have not been well established. If doctors need more help in making that judgment, let us provide it. We will get on to that in later amendments. That is no ground for ditching the wording in the 1990 Act. The consistency with adoption policy issue is a poor argument, as the noble Baroness, Lady O’Cathain, said. In the first case, the adoption agency is confronted with a child who already exists. Too often it has found it difficult to place them because of difficulties or disabilities. It has to be able to choose the best home it can in the circumstances it faces or leave the child in local authority care. That is not the situation faced by a person who is licensed to offer fertility treatment. He or she has to decide whether the person seeking help is in a set of social circumstances in which the unborn child’s welfare is likely to be protected. For 17 years, the law has rightly asked them to have regard to the need for a father. The most reverend Primate the Archbishop of York made those distinctions very well at Second Reading. Finally, I turn to the contentious issue of whether the ““need for a father”” wording discriminates against single women or gay couples. As has already been mentioned, the 1990 Act wording has not debarred single or gay couples from accessing IVF on the NHS if they can convince a licence-holder with regard to the welfare of a child. So, already in practice, there is no absolute discrimination against them. Perhaps I may say that people seem to be arguing that these groups face a harder version of the welfare of the child requirements, so we should knock out the bit about fathers to make it easier for them. That seems to be the nub of the House of Commons Science and Technology Committee’s report against the existing wording. Given the research evidence that has been quoted, I consider it highly questionable whether we should do so, but more particularly because of the Government’s policy on the family and the importance of parenting and fathers. In any case, if a single woman or a gay couple’s circumstances call into question their capacity to protect the welfare of the prospective child, a licence holder, as I said earlier, would still be required to reject that because of the welfare of the child requirements. By deleting the wording in the 1990 Act, I believe that we are giving an ambiguous signal to licence holders that they do not have to take as seriously the welfare of the child requirements in the 1990 Act. It is a diluted version of the 1990 Act wording.