DEPARTMENT OF HEALTH
News Release issued by The Government News Network on 9 November 2007
Health Minister
Dawn Primarolo today published the Human Fertilisation and
Embryology Bill to reform the regulation of human embryology and
ensure that Britain remains a world leader in medical research.
The Bill will not however alter the model of regulation or the
basic foundations of the existing law.
The Bill updates current regulation of assisted reproduction and
embryo research in the light of developments in technology and
society's attitudes. It will ensure regulation is fit for
purpose, and help maintain the UK's position as a world
leader in reproductive technologies and research.
The main elements of the Bill are:
* ensuring that the
creation and use of all human embryos outside the body - whatever
the process used in their creation - are subject to
regulation;
* a ban on selecting the sex of offspring for
non-medical reasons;
* retention of a duty to take account of
"the welfare of the child" when providing fertility
treatment, but removal of the reference to "the need for a
father";
* provisions to recognise same-sex couples as
legal parents of children conceived through the use of donated
sperm, eggs or embryos;
* altering restrictions on the use of
HFEA-collected data to make it easier to do follow-up
research;
* provisions increasing the scope of legitimate
embryo research activities, including regulation of
"inter-species embryos" (embryos combining human and
animal genetic material).
Dawn Primarolo said:
"The UK is a world leader and a good place to do research.
This Bill will allow legitimate medical and scientific use of
human reproductive technologies for research to flourish in this
country, while giving the public confidence that they are being
used and developed sensibly with appropriate controls in place.
"I believe this Bill will provide clarity and assurance to
patients, researchers, the medical profession, and the public for
years to come."
The Bill needs to move through both the House of Lords and then
the Commons. It will then receive Royal Assent. It is expected to
be in force from early 2009.
Notes To Editors:
1. On 17 May, the government published draft legislation for
pre-legislative scrutiny to revise and update the Human
Fertilisation and Embryology Act 1990. This was set out in the
Human Tissue and Embryos (draft) Bill.
2. The Joint Committee scrutiny report was published on 1 August.
The way ahead for the Bill was set out in the Government's
response to the Scrutiny Committee report published on 8 October.
3. The current legislation, the Human Fertilisation and
Embryology Act 1990, is based largely on consideration and debate
that took place in the 1980s.
4. The bill sets out what will be permitted within the law, it is
not a commitment to what will be provided by the NHS.
5. Main elements of the Bill
Bill Proposals - main elements
-Current Position
Ensuring that the creation and use of all human embryos outside
the body - whatever the process used in their creation - are
subject to regulation.
-Current law refers to fertilisation -
sperm and egg.
A ban on selecting the sex of offspring for non-medical
reasons.
-Currently subject to HFEA guidance i.e. only
allowed for medical reasons
Retention of a duty to take account of "the welfare of the
child" when providing fertility treatment, but removal of the
reference to "the need for a father".
-Currently
take account of the welfare of the child, including the need for a father.
Provisions to recognise same-sex couples as legal parents of
children conceived through the use of donated sperm, eggs or
embryos.
-Currently, only the partner who has given birth to
the child is regarded as a legal parent.
Altering restrictions on the use of HFEA-collected data to make
it easier to do follow-up research.
-Currently, the HFEA has
legal restrictions on what data can be released from the register.
Provisions increasing the scope of legitimate embryo research
activities, including regulation of "inter-species
embryos".
-The current law (the 1990 Act) bans
"mixing of human and animal gametes". It refers to human
embryos only.
6. The Government's response to the Report from the Joint
Committee on the Human Tissues and Embryos (draft) Bill is
available at http://www.dh.gov.uk