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Human Fertilisation and Embryology Bill [HL]

My Lords, as we have heard, there is no definition of ““serious”” in the legislation. A definition was not included in the Bill in order to allow the HFEA and clinicians appropriate levels of flexibility within which to make licensing decisions, while ensuring that it would be allowed only for medical conditions that are considered to be serious. The HFEA would continue to provide guidance on embryo testing and on the criteria that it would take account of when making decisions about such testing. It would be expected that part of the guidance would include consideration of words such as ““serious”” in the legislation. The Government entirely understand the noble Earl’s concern to define more closely the scope of decisions that may be made in this area. In fact, the draft Bill included further criteria which attempted to define that more precisely. However, the Government have given this further, very careful consideration and have taken on board comments from a range of stakeholders. The term ““serious”” is used in several places in the Bill—notably in relation to the granting of embryo research licences for the study of serious disease. The HFEA is given flexibility within those limits—drawing on both its own expertise and the results of regular consultation—to make decisions taking account of all relevant factors. The Government believe that that should be the case here also. There is currently no reference to embryo testing in the 1990 Act. Therefore, by including in the Bill the purposes for which embryos can be tested, we are introducing more stringent requirements than are currently in place. Because of the regulatory oversight from the HFEA and further guidance relating to embryo testing in the code of practice, we do not consider a definition of ““serious”” to be necessary in the Bill. I have listened to the excellent arguments put forward in this debate, and it is clearly extremely difficult to define ““serious””. The noble and learned Lord called it an ordinary word but, as has been pointed out, it raises a huge number of problems. I am attracted to the suggestion of my noble friend Lady Hollis that we should give further consideration to strengthening guidance in relation to this word and that perhaps we should define it more fully in the guidance. I think that we need further discussion about this. It would be difficult to include a definition in the Bill but I am certainly willing to discuss it further before Third Reading. I noted the appropriate point made by the noble Lord, Lord Elton—that if noble Lords do not vote on this matter today, they may not have another opportunity to discuss it. I would ask that perhaps we could have further discussions with the noble Earl, Lord Howe, the noble and learned Baroness, Lady Butler-Sloss, the noble and learned, Lord Mackay, and others, to see how we can proceed. As I say, it may not be possible to include this in the Bill. If not, I am certain that we could indeed strengthen the guidance. Perhaps there will be room for further discussion before Third Reading.