---

Human Fertilisation and Embryology Bill [HL]

My Lords, I assume that the basis of this amendment is that the human cells in question are lawfully taken from or provided by the donor in relation to some definition of research. Some consent is implied. There is no question of this happening completely without the consent of the donor. I said before and I remain of the view that the term ““research”” includes research as it may develop. As we heard in connection with the previous amendment, you cannot tell when you start research where it may lead, although if you wish to get money for it you had better be able produce some good reason why you want to do it. New sub-paragraph (7) is intended to deal with that situation. At the moment it is restricted to the researcher. As my noble friend has said, the researcher is keen to get on with the research so he will not be looking very hard for reasons why he should not be able to get on with it. It may be that new sub-paragraph (7) needs to be opened out a bit to say that there does not appear to be any reason to suppose that the donor would object to the use or storage of the material for this particular purpose. What the right reverend Prelate referred to might well come under that. If you were to find out a little bit about the donor’s background, you might conclude that they are in the minority that he speaks of who would not wish this research to be carried out. It may require some more elaborate provision than is here at the moment but I think that is the purpose of new sub-paragraph (7).