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Human Fertilisation and Embryology Bill

The Human Fertilisation and Embryology Act 1990 has been a success. The first legislation of its kind in the world, it led to a framework for the development of assisted reproduction and embryo research that has been a positive example for policy making worldwide. I should like to join the Secretary of State in applauding the work of my right hon. and learned Friend the Member for Rushcliffe (Mr. Clarke) and colleagues who took that legislation through and the manner in which they did so. The legislation was rooted in the work of the Warnock committee and its report. It was always clear that the legislation is not intended simply to facilitate research. Technically, it was not needed for that, and research was able to proceed. The issue was that that research required to be established within an ethical framework so that science is bounded, some forms of research are prohibited, and all research on human embryos requires a licence. That was encapsulated in the Warnock committee's view:"““The embryo of the human species ought to have a special status and no-one should undertake research on human embryos the purpose of which could be achieved by the use of animals or in some other way. The status of the embryo is a matter of fundamental principle which should be enshrined in legislation.””" It is a matter of regret to me that the Government appear to have lost that sense of the intention of legislation. In the Queen's Speech, they said that its purpose would be"““to ensure that Britain remains at the forefront of medical research””." However, the legislation is not just about reflecting scientific progress. The fact that scientists can do something does not mean that they should. Ethical boundaries do not shift in a mechanistic way to reflect the utility of new research techniques. When we scrutinise the Bill, I urge the House to have in mind not just the ease with which research may be conducted as a consequence, but always to consider the ethical implications. The 1990 Act had ethical issues at its heart. That is why our predecessors in 1990 conducted the legislation on free vote. It is why, at the end of 2006, my right hon. Friend the Member for Witney (Mr. Cameron) and I said that Conservative Members would have a free vote throughout the passage of the Bill. It is why the Government could and should have done exactly the same. Unfortunately, back in 2006 the Government imposed a whip on regulations relating to the anonymity of sperm and egg donation, and they imposed a whip on Labour peers during the passage of this Bill. It has only been as they have relented under pressure from their own Members, from us and from the media that they have consented to a partial free vote on certain aspects of the Bill. I entirely share the view of my right hon. and learned Friend the Member for Devizes (Mr. Ancram) that if Members have ethical considerations that, in their view, prevail over any other considerations in a Bill, they should be in a position to exercise their conscience and judgment, including on Third Reading. For my part, therefore, what I will say reflects my personal view, and I do not intend that it should bind any of my colleagues. None the less, my hon. Friends on the Front Bench and I will sometimes wish to raise issues and table amendments to protect the interests of the House now and the interests of our constituents for the future. Speaking for myself, I support Second Reading of the Bill. Even those who wish to amend the Bill at subsequent stages must recognise that the legislation needs to be updated. The example I would give, which will be familiar to many hon. Members, is that of the decisions that the Human Fertilisation and Embryology Authority made in January concerning two projects involving the use of animal eggs from which the nucleus had been removed. Despite the fact that the 1990 Act prohibits the mixing of animal and human gametes, other than to test the fertility of sperm, the authority regarded the embryo created as human and that, as such, it could license research. The HFEA's decisions and interpretation of the 1990 Act suggest that substantial research using hybrid embryos would continue even if there were no legislation, so the Bill is necessary to provide clarity and to update the law. That does not mean, however, that the Bill should go forward unamended.