HL Deb 18 October 1990 vol 522 cc1119-22

16Clause 32, page 18, line 28, at end insert:

17 Clause 32, page 18, line 47, at end insert:

18 After Clause 32, insert the following new clause:

Disclosure in interests of justice

`(1) Where in any proceedings before a court the question whether a person is or is not the parent of a child by virtue of sections 27 to 29 of this Act falls to be determined, the court may on the application of any party to the proceedings make an order requiring the Authority—

  1. (a) to disclose whether or not any information relevant to that question is contained in the register kept in pursuance of section 30 of this Act, and
  2. (b) if it is, to disclose so much of it as is specified in the order,
but such an order may not require the Authority to disclose any information falling within section 30(2)(b) of this Act.

(2) The court must not make an order under subsection (1) above unless it is satisfied that the interests of justice require it to do so, taking into account—

  1. (a) any representations made by any individual who may be affected by the disclosure, and
  2. (b) the welfare of the child, if under 18 years old, and of any other person under that age who may be affected by the disclosure.

(3) If the proceedings before the court are civil proceedings, it—

  1. (a) may direct that the whole or any part of the proceedings on the application for an order under subsection (2) above shall be heard in camera, and
  2. (b) if it makes such an order, may then or later direct that the whole or any part of any later stage of the proceedings shall be heard in camera.

(4) An application for a direction under subsection (3) above shall be heard in camera unless the court otherwise directs.'.

19 After Clause 32, insert the following new clause:

Disclosure in interests of justice: congenital disabilities, etc.

`(1) Where for the purpose of instituting proceedings under section 1 of the Congenital Disabilities (Civil Liability) Act 1976 (civil liability to child born disabled) it is necessary to identify a person who would or might be the parent of a child but for sections 27 to 29 of this Act, the court may, on the application of the child, make an order requiring the Authority to disclose any information contained in the register kept in pursuance of section 30 of this Act identifying that person.

(2) Where, for the purposes of any action for damages in Scotland (including any such action which is likely to be brought) in which the damages claimed consist of or include damages or solatium in respect of personal injury (including any disease and any impairment of physical or mental condition), it is necessary to identify a person who would or might be the parent of a child but for sections 27 to 29 of this Act, the court may, on the application of any party to the action or, if the proceedings have not been commenced, the prospective pursuer, make an order requiring the Authority to disclose any information contained in the register kept in pursuance of section 30 of this Act identifying that person.

(3) Subsections (2) to (4) of section [Disclosure in interests of justice] of this Act apply for the purposes of this section as they apply for the purposes of that.

(4) After section 4(4) of the Congenital Disabilities (Civil Liability) Act 1976 there is inserted— (4A) In any case where a child carried by a woman as the result of the placing in her of an embryo or of sperm and eggs or her artificial insemination is born disabled, any reference in section 1 of this Act to a parent includes a reference to a person who would be a parent but for sections 27 to 29 of the Human Fertilisation and Embryology Act 1990.".'

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 16 to 19. In moving these amendments, I shall speak also to Amendment No. 23.

Clause 30 of the Bill requires the Human Fertilisation and Embryology Authority, in exercising its regulatory function in respect of the provision of infertility treatment involving the donation of gametes or embryos, to keep a register of information about the provision of treatment services for any identifiable individual; the keeping or use of the gametes of any identifiable individual; and identifiable individuals who were or may have been born as a result of treatment services.

By virtue of Clause 32, it is an offence for the authority or one of its employees to disclose information held on that register except in limited circumstances. As drafted, the Bill would not enable a court to order disclosure of that information where it is needed in order to determine whether a person is, in law, treated as the parent of a child by virtue of Clauses 27 or 28. The new clause introduced by Amendment No. 18 provides the court with that power.

Before I explain why the new clause is needed, I would like to deal first with an important limitation on the power that it confers. Your Lordships will see that subsection (1) provides that only information relevant to the question whether or not a person is the parent should be disclosed and that such an order may not require the authority to disclose any information falling within Clause 30(2)(b) of the Bill. That sub-paragraph relates to information about the keeping or use of the gametes of any identifiable individual. The effect is that nothing in this new clause enables a court to order disclosure of information about donors.

There are various examples of cases in which a court may have to determine whether or not a person is, in law, the parent of a child. Perhaps the most obvious is an application for maintenance where paternity is disputed. Because a father, by virtue of Section 28, is not the genetic father, that parental relationship cannot be determined by using blood tests. That is one example which shows the need for such an order. The clause has in it the necessary safeguards for the provision of information to the court.

Amendment No. 16 and new clause 19 therefore provide that, for the purpose of Section 1 of the 1976 Act, the word "parent" includes the genetic parent and that, on the application of a child, the court may order the authority to disclose information held in the register identifying the donor, and that the authority commits no offence if it discloses that information in pursuance of the court order.

Amendment No. 17 provides that those defending such an action or seeking compensation from the genetic parent of the child in connected proceedings must be allowed to disclose identifying information about that genetic parent for those purposes only.

Moved, That the House do agree with the Commons in their Amendments Nos. 16 to 19.—(The Lord Chancellor.)

On Question, Motion agreed to.