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Human Fertilisation and Embryology Bill [HL]

My Lords, this has been an important debate and I am glad we have had it. Amendment No. 21 seeks to limit the HFEA’s ability to license embryo research by extending the criteria the HFEA must consider before granting a licence. That would require published and peer-reviewed evidence demonstrating both that the research is likely to achieve its specified purpose and that it is not possible to achieve the same end result without the use of embryos. The Government have carefully considered this issue in the light of the safeguards that already exist in the legislation, and which have been applied in practice since 1990 by the HFEA. We believe strongly that the existing controls are clear and sufficient. The HFEA undertakes a peer review process for each research licence application. However, making it a requirement that published evidence is available could be said to go against the fundamental principles of research, which are designed to test theory and produce facts. Those cannot be known before the relevant research has been undertaken. Many noble Lords have referred to the statement from my noble friend Lord Darzi, who spoke of the importance of peer review, but he was referring to peer review of the licence application. The amendment in question refers to peer review data that are published demonstrating that such a research project would succeed. As other noble Lords have said, those two things are very different. Under the provisions of the 1990 Act, the HFEA may grant research licences only where it deems the research necessary or desirable for one of the statutory purposes set out in the Act. The embryo does indeed have special status and it will continue to do so. The HFEA must be satisfied that the creation of embryos specifically is necessary for that project of research to be undertaken. Again, that is already in the Act. Each project is scrutinised on its merits to ensure that those criteria are met. The noble Baroness, Lady Williams, and others have spoken of the number of applications rejected. It may be helpful if I clarify that a project for which a research licence is sought will have to have received approval from a research ethics committee before a licence can be granted. Where a project would in principle be suitable to be licensed but insufficient information has been submitted to the licence committee, or the committee is of the view that an aspect of the project needs to be reconsidered, it is usual practice for the committee not to reject the application but to ask the applicant to submit further information or undertake changes to the specifications of the project for reconsideration at a later date. Hence there are no, or very few, rejections. The noble Baroness, Lady O’Cathain, asked what research this amendment would stop. It is difficult to say. The amendment would make it difficult for the HFEA to license research generally unless there was evidence in the first instance that the research was likely to work. As the noble Lord, Lord Walton, said, it would prevent novel and cutting-edge research. The Government believe that we should not proscribe or unnecessarily curtail any avenue of research, as we cannot know in advance where breakthroughs may occur. For nearly two decades the HFEA has licensed embryo research with the flexibility to form its own tests on whether the use of embryos is necessary for each project of research. That system has worked well and I do not believe there is any need for change. As such, I urge the noble Baroness not to press her amendment.