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Human Fertilisation and Embryology Bill [HL]

My Lords, the Bill seeks to prohibit placing in a woman any embryo, sperm or egg other than a permitted embryo, sperm or egg. New Section 3ZA defines permitted embryos and gametes. With respect to gametes, this means that only an egg produced or extracted from a woman’s ovary or sperm produced or extracted from a man’s testes can be used in treatment. The Bill does nothing to prevent the creation or use of other types of gamete, including so-called artificial gametes for the purpose of research. The use of artificial gametes, or in vitro-derived gametes as they may also be called, refers to the creation outside the body of eggs and sperm from stem cells. If this technology were to be used in treatment, it would enable, for example, an infertile man who does not produce sperm to have a genetically related child. At Report stage we heard some persuasive arguments on the use of in vitro-derived gametes and we acknowledge that there is a lot of support for a regulation-making power that would allow at some point in the future gametes derived in such a way to be considered to be permitted gametes and therefore to be used in assisted reproductive treatment. This amendment is different from the one discussed on Report. It therefore requires different consideration and raises new concerns. Following the debates in Committee and on Report, we have had discussions with scientists about the derivation of sperm and eggs from stem cells. We are also gathering information about progress in this area and the feasibility of this technology for use in treatment. This advice is in part being obtained from the HFEA’s Scientific and Clinical Advances Group and its international horizon scanning expert panel and from discussions with other scientists and stakeholders. The amendment tabled by the noble Lord, Lord Patel, introduces a regulation-making power that would allow regulations to be made specifying a process to create eggs or sperm from one or more human cells. That is a relatively broad power as it does not limit the way in which these gametes can be created. However, it provides for the possibility of limiting who could use this technology—for example, limiting its use according to types of infertility or to same-sex couples wishing to have a child related to both partners. Developments in the field of assisted reproduction and embryo research can be fast moving, and the area of artificial gametes is no exception. As recently as 2 February the journal New Scientist reported views from some research scientists that it may, in principle, be possible in the future for eggs to be created from the stem cells of men and sperm from the stem cells of women. That possibility, distinct though it may be, means that the Government must give serious consideration to what other technologies may realistically become available to determine the scope of any regulation-making power. Although the amendment would allow for the power to be limited, it would not necessarily be. Careful consideration would need to be given to such limitation to ensure that it is not discriminatory. Of course, such technologies may be too far off to make any predictions about their use, but the Government are committed to exploring possibilities with the scientific community. The noble Baroness, Lady Barker, asked about human rights and Article 14. The Government’s concern relates to Article 14 of the ECHR in conjunction with Article 8 on the right to privacy. The Government are concerned about whether the technique is available for same-sex couples or whether they will be treated differently. If they are treated differently, the Government’s view is that this must be justified to comply with Article 14 of the ECHR. Techniques for same-sex couples may be a lot further off or unsafe at this moment, and different treatment may be justified, but we are exploring these issues and will consider them further in the Commons. The issue of safety was raised by my noble friend Lord Winston. The safe use of any gametes derived in vitro is of prime importance, which is one of the issues that we are currently considering with scientists and the wider world. Noble Lords have debated extensively issues around fathers and mothers. The use of in vitro-derived gametes could mean children being born without a genetic father in some circumstances or a genetic mother in others. That also raises the question of whether this issue is for secondary legislation, or more appropriate for revisiting as primary legislation when more facts are available about what is envisaged in practice. I trust that our commitment to look at this further in the other place and the progress made to date in initiating this process will reassure noble Lords of our intention to consider this issue fully. With that assurance I hope that the noble Baroness will withdraw the amendment.