---

Human Fertilisation and Embryology Bill [HL]

moved Amendment No. 1: 1: Clause 1, page 1, line 8, leave out ““inter-species embryo”” and insert ““human admixed embryo”” The noble Lord said: In moving Amendment No. 1, I shall speak to the consequential amendments. There are 96 amendments in total, but they all have one straightforward effect, which is to change the umbrella term ““inter-species embryo”” to a more suitable term, namely ““human admixed embryo””. The research community and medical charities have made a considerable effort over the past 12 months to bring to the public and Parliament’s attention the need for embryo research using embryos containing both human and animal material. In particular, concerns have been raised about the limited availability of human eggs for use in creating embryonic stem cells. That has led to calls for the ability to use animal eggs in their place, which are in much greater supply. Both the pre-legislative scrutiny Joint Committee and the Science and Technology Committee of the other place have made inquiries into the ethical and scientific elements of this research. Both have made recommendations that this research should be permitted under regulation by the Human Fertilisation and Embryology Authority. To enable promising avenues of research to be followed in this important field of embryonic stem cell research, we have set out in the Bill a framework of regulation for a number of embryo types which contain both human and animal material—embryos referred to collectively in the Bill as ““inter-species embryos””. However, questions were raised in the Committee stage of this House on whether the term ““inter-species embryos”” was the appropriate umbrella term for those part human, part animal embryos covered by the Bill. A broad spectrum of entities can be created for research which contain both human and animal components. The Bill sets out a framework of regulation for those embryos defined in Clause 4 created using human and animal components where the resulting embryo in simple terms can be said to be towards the human end of that spectrum. That does not however cover the transgenic mice that are subject to Home Office regulation. It was suggested that an alternative term to ““inter-species embryo”” could be helpfully employed to make it clear that the Bill is not intended to apply to the whole spectrum of human, animal experimentation but only to those embryos that are predominantly human, resulting from modified human embryos or are the result of mixing human and animal gametes. The term ““human admixed embryos”” has been suggested as a more accurate collective term to describe those entities, which the Bill seeks to bring clearly within the regulation of the Human Fertilisation and Embryology Authority. It was felt that the word ““human”” should be used to indicate that these entities are at the human end of the spectrum of this research. The term ““mixed”” was considered, but concerns were raised that such a term could be taken as referring only to those embryos that are a mixture of cells, such as chimera embryos, where the term also needed to include those embryos in which all the cells contain human and animal material but are genetically identical. The term ““admixed”” is preferable as it does not lend itself to that sort of interpretation and is used in the chemical sciences to refer to a substance where two or more components are mixed in to each other. This term, developed in consultation with professional bodies such as the Academy of Medical Sciences, the Medical Research Council and the Wellcome Trust, allows for more focused debate on the research issues addressed in the Bill. This new term is more suitable by specifying that we mean human admixed embryos as opposed to animal admixed embryos, the use of which remains more appropriately within the regulatory oversight of the Home Office. In addition, it was brought to our attention by the noble and learned Lord, Lord Mackay, that the drafting could be improved of the new Section 4A(1), which prohibits placing non-human embryos in a woman. In particular, the potential overlap between new Section 4A(1)(a) and new Section 4A(1)(b), as introduced by Clause 4, could cause confusion; an inter-species embryo covered by the prohibition in Section 4A(1)(a) is also an embryo other than a human embryo, as under Section 4A(1)(b). Whereas there is no legal problem per se, we agree on the further consideration that this could be clarified by a simple amendment. We have therefore tabled amendments to reorder new Section 4A(1)(a) for clarification. It is now clear that a human admixed embryo is a non-human embryo as far as the Bill is concerned, and is separately listed. The change removes any potential overlap, and so any confusion. Clause 4 continues to ensure that only human embryos may be placed in a woman. I hope that these changes make our position clearer on the scope of what part-human, part-animal embryo research is subject to regulation under the Bill. I invite noble Lords to accept this amendment and I beg to move.