DEPARTMENT OF HEALTH
News Release (2007/0120) issued by The Government News Network on 17
May 2007
Public Health
Minister Caroline Flint today published the Government's
draft Human Tissues and Embryos Bill. The draft bill represents a
major overhaul of the law on assisted human reproduction and
embryo research.
Measures contained in the draft bill include a total ban on sex
selection for non-medical reasons, explicit rules for embryo
screening, and more scope for embryo research. It also contains
further details of the proposed new Regulatory Authority for
Tissue and Embryos (RATE), which will replace the existing
regulators the Human Fertilisation and Embryology Authority (HFEA)
and the Human Tissue Authority (HTA).
The draft bill is published in a Command Paper that also sets out
the Government's position on the use of inter-species embryos
(or so-called hybrid embryos) for research. The Government accepts
the recent Science and Technology committee's recommendation
that the creation of inter-species embryos (except true hybrids,
created by mixing human and animal gametes) should be allowed for
research purposes and will seek the views of the pre-legislative
scrutiny committee as to how this is best put into effect.
All aspects of the draft bill will be subject to pre-legislative
scrutiny by a joint parliamentary committee.
Caroline Flint said:
"Our aim in drafting this bill is to deliver a legislative
framework that will allow legitimate medical and scientific uses
of human reproductive technologies to continue to flourish in this
country, while giving the public confidence in how they are being
used and developed.
"Throughout the process of reviewing the current Human
Fertilisation and Embryology Act we have consulted extensively to
consider the widest possible range of views. The final process of
pre-legislative scrutiny will allow parliament the chance to
debate these issues further. We are determined to secure a
regulatory system that will continue to provide clarity and
assurance to patients, treatment providers, researchers and the
public for years to come."
Government Chief Scientific Adviser, Sir David King, said:
"I welcome the clarity that this draft bill will give to the
scientific community around research using embryos. I believe
that the approach to the creation of embryos containing human and
animal material is the right one and that it is appropriate that
the pre-legislative scrutiny committee consider how best the
changes should be given effect."
Key measures set out in the draft bill include:
- ensuring that all human embryos outside the body - whatever the
process used in their creation - are subject to regulation
- a ban on sex selection for non-medical reasons
- retention of the duty to take account of the welfare of the
child in providing fertility treatment, but removal of the
reference to "the need for a father"
- explicit criteria in the law for the screening of embryos for diseases
- increasing the scope of legitimate embryo research activities,
subject to strict controls
Notes to editors:
1. The draft bill sets out what will be permitted within the law,
it is not a commitment to what will be provided by the NHS.
2. The Command Paper is available on-line at: http://www.dh.gov.uk
3. The draft bill will be subject to pre-legislative scrutiny, so
Parliament will have the opportunity to scrutinise the proposed
changes, to gather further evidence as it thinks fit, and to make
its views known in advance of the formal law-making process.
4. The decision to create the Regulatory Authority for Tissue and
Embryos (RATE) was made by Health Ministers following a review of
the Department's arm's length bodies. The establishment
of RATE will bring the functions of the HTA and HFEA together
under one management board. It would create a single regulatory
body and sole competent authority under the EU Tissue and Cells
and Blood Directives, responsible for the regulation and
inspection of all functions relating to the whole range of human
tissue, ensuring that common principles and standards are applied
across all sectors. Like the HFEA and HTA, RATE will be
accountable for its actions to Parliament. It is intended to
establish RATE in 2009, but the DH will look for opportunities for
joint working between the HTA and HFEA in the run up to the
establishment of RATE. The Department's report is at http://www.dh.gov.uk/assetRoot/04/09/81/36/04098136.pd
5. Related documents, including the Government's response to
the House of Commons Science and Technology Committee's
report Human Reproductive Technologies and the Law can be found
at: http://www.dh.gov.uk/PolicyAndGuidance/HealthAndSocialCareTopics/AssistedConception/AssistedConceptionGeneralInformation/fs/en
The Human Fertilisation and Embryology Act is available online
at: http://www.opsi.gov.uk/acts/acts1990/Ukpga_19900037_en_1.htm
6. For enquiries please ring 020 7210 4850.
[ENDS]