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Human Fertilisation and Embryology Bill [HL]

moved Amendment No. 123: 123: Clause 19, page 15, line 19, leave out ““Authority”” and insert ““Secretary of State”” The noble Baroness said: Amendment No. 123 relates, together with Amendment No. 138, to licensing procedures. New Section 19B(1) provides that the HFEA may make directions concerning the form and content of applications under the 1990 Act and the information to be supplied with the application. New Section 19B(2) provides for a regulation-making power in relation to applications for the determination of licences under the Act. The power in the Bill as drafted was to be exercised by the HFEA. New Section 19B(3) provides details of what the regulations may provide; in particular, they may set out procedure in relation to the determination of licences, including requirements for people to give evidence or produce documents, and the admissibility of such evidence. The Delegated Powers and Regulatory Reform Committee’s report stated, in relation to the procedure for a refusal and reconsideration for licences: "““We consider the powers to be appropriately delegated save that the power at clause 19B(3), to require persons (not just the applicant) to give evidence or to produce documents, should be exercised by the Secretary of State and subject to the negative procedure””." The Government have accepted this recommendation and have tabled these amendments to change the regulation-making power so that it is exercisable by the Secretary of State, not the HFEA. This power is appropriately a matter for regulations, as it will add to the procedure required by new Section 19, rather than simply set out the procedure to be followed in greater detail. It will also ensure that developments in regulatory practice can properly be reflected in the procedures to be followed when making applications under the Act. The Government accept the principle that this matter should be subject to the level of scrutiny suggested by the Delegated Powers Committee. I beg to move. On Question, amendment agreed to. Clause 22 [Directions]: