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Human Fertilisation and Embryology Bill [HL]

moved Amendment No. 3: 3: Clause 1, page 2, line 22, leave out from ““gametes”” to end of line 27 The noble Lord said: My Lords, I will also speak to the related Amendments Nos. 21, 22, 139, 141 and 167. The definition provided in paragraphs (a) to (d) of new Section 4A(5) of the 1990 Act is designed to ensure that all necessary categories of interspecies embryos or, as we intend to call them, human admixed embryos, are brought within the regulatory remit of the Human Fertilisation and Embryology Authority. To ensure that admixed embryos proposed to be created by novel techniques not captured by the definitions in paragraphs (a) to (d) of new Section 4A(5) can be regulated in the future, the Bill contains two regulation-making powers so that secondary legislation can bring any such embryos under regulation. The first power, inserted by new Section 4A(5)(e) of the 1990 Act as inserted by Clause 4, allows secondary legislation to add new types of entities to Section 4A(5) and thereby bring them within the regulation. The second power, inserted by new Section 4A(7), permits secondary legislation to alter the existing definitions or to repeal those definitions. These amendments relate to the second power. The Delegated Powers and Regulatory Reform Committee recommended changes to the Bill concerning the second of those regulation-making powers. It raised specific concerns that the power was too wide and should be more limited. Having accepted that recommendation, we are proposing to remove the regulation-making power contained in new Section 4A(7) and to introduce a new power under what will be new Section 4A(13)(a). This power will be limited so that it can be exercised only to amend and not to repeal the current definitions of human admixed embryos in paragraphs (a) to (d) of new Section 4A(5) as inserted by Clause 4. We have also introduced a condition that the power can be exercised only in the light of scientific developments. This mirrors the limits on a similar power already in the Bill in relation to alteration of the definition of human embryo in new Section 1(6) as inserted by Clause 1. Both regulation-making powers are subject to affirmative resolution. The regulation-making power still ensures that, should any new method of creating human admixed embryos come to light, secondary legislation will continue to ensure that it can be brought within regulation. At the same time, this amendment ensures that the law cannot be so scientifically changed as to remove the regulation of recognised types of admixed embryos altogether. In addition, these amendments will remove the existing regulation-making powers contained in Section 4A(7) to amend the definitions of ““eggs””, ““embryo”” and ““gametes””. The regulation-making power under new Section 1(7) to amend those definitions following changes to Section 1 is also removed. This could cause problems. If, for example, the meaning of ““gamete”” for the purpose of Section 4A(5) was amended, it might not be possible for the equivalent amendment to Section 4A(1) to be made in relation to prohibitions. That would clearly not be desirable. This amendment introduces a new Section 4A(13)(b) to provide a general regulation-making power to amend the definitions of ““embryo””, ““eggs”” and ““gametes”” for the purpose of Section 4A in its entirety. This power is again subject to developments in science and medicine and to affirmative resolution. The power to make consequential amendments to Section 4A(6) following changes to Section 4A(5) remains unchanged. I invite noble Lords to accept the amendment. I beg to move. On Question, amendment agreed to. Clause 3 [Prohibitions in connection with embryos]: