HL Deb 07 March 1985 vol 460 cc1474-6

5.16 p.m.

The Parliamentary Under-Secretary of State, Department of Health and Social Security (Lord Glenarthur)

My Lords, with the leave of the House, I will now repeat a Statement that is being made in another place by my right honourable friend the Secretary of State for Social Services. The Statement is as follows:

"With permission, Mr. Speaker, I will make a Statement on commercial surrogacy.

"Over the last few months there has been increasing concern about the practice of surrogacy—that is, the practice whereby a woman agrees to become pregnant with the intention that the resulting child should be handed over to another couple. This concern has related particularly to the activities of agencies which operate to promote surrogacy arrangements on a commercial basis. We also now have the results of the consultation which we initiated on the Warnock Report on Human Fertilisation and Embryology. Although there was some difference of view about the general principle of surrogacy, there was almost total agreement on the unacceptability of surrogacy undertaken on a commercial basis.

"When the Warnock Report was debated in this House last November, I said that the Government would consider urgently whether clarification of the law on surrogacy was necessary. This we have now done. It is quite clear that the question of surrogacy raises wide issues not just of general principle, but also about, for example, the legal status of children and the involvement of professional people in facilitating surrogacy arrangements. We have concluded that it would be right to deal with these questions in the comprehensive legislation which is needed to deal with the whole range of issues raised by the Warnock Report.

"Nevertheless, it is clear that the existing position is unsatisfactory. The case of baby Cotton demonstrated the difficulties which commercial surrogacy arrangements can cause and the widespread public concern about them. There are almost certainly other similar cases in prospect and there is an incentive for commercial agencies to increase their activities before any general legislation can be brought forward.

"Mr. Speaker, the Government believe that commercial surrogacy is in principle undesirable and that commercial agencies should be prevented from operating in this country. I shall therefore shortly be bringing forward a Bill to achieve this purpose. It will prohibit such agencies from recruiting women as surrogate mothers and from making surrogacy arrangements; and it will prohibit advertising of their services.

"Mr. Speaker, the objectives of this Bill will not be to resolve all the issues in the field of surrogacy. It will, however, give rapid effect to the widespread view that this is not an area where commercial agencies should operate and will avoid an escalation in the number of surrogacy arrangements procured by them. I hope that the House will agree that action of this kind is justified and urgent."

My Lords, that concludes the Statement.

Lord Ennals

My Lords, may I thank the noble Lord for repeating the Statement made by his right honourable friend in another place. He will be aware that in the debate on the Warnock Report in this House on 31st October, when we all spoke as individuals, though there were differing views on many of the recommendations in the Warnock Report, there was near unity in the strength of feeling against the practice of surrogate motherhood and the need for early legislation, especially to make illegal the agencies making money out of these negotiations. Thus, in my personal view, most Members of your Lordships' House will welcome the Government's intentions as set out in the Statement.

Does the noble Lord the Minister accept that there is something deeply wrong when a womb is used for financial gain? Does it not reflect on the values we place on human life, as if a child was an article for sale? Does he not also agree that there are major social and legal as well as ethical problems involved which could affect the surrogate mother, the couple and the child? May I put to him two questions? First, can the noble Lord give any indication of the target date for this proposed legislation to take effect? Secondly, can the noble Lord give any additional information on the proposed timetable of further long-term legislation not only dealing with surrogacy but with other aspects of the Warnock report?

Lord Kilmarnock

My Lords, we on these Benches would also like to thank the noble Lord, Lord Glenarthur, for repeating the Statement made by his right honourable friend in another place. This is not a party political matter but I think that there will be widespread agreement that it was right to take action against commercial surrogacy. My personal view—I repeat that it is a personal view—is that this ban should not extend to non-commercial arrangements made between friends or within the bosom of a family. From the Statement it would appear that such arrangements will not be covered by the Bill. Perhaps the noble Lord would confirm this.

While generally welcoming the Statement, may I express a hope that this is not a prelude to a helter-skelter piecemeal legislative approach to this extremely complex scientific and ethical issue? I hope personally that the Government feel they have taken care of the pressing need to curb a practice which many people find repugnant and that having done this they will bring forward comprehensive legislation after full and detailed consultation. It does not seem correct to me that whatever its merits or demerits the full discussion of the Warnock proposals for a regulatory agency should be pre-empted by the hasty passing of a Private Member's Bill on one aspect of the problem. I hope that the Government will be able to give us some assurances on this.

Lord Glenarthur

My Lords, I am grateful to both noble Lords for their reception of the Statement, and for the fact that they find the measures which we propose to take generally acceptable. I certainly agree with the noble Lord, Lord Ennals, that there is something very wrong with those who wish to exploit people for financial gain in this particular way. I would also agree with him that there are some very real social, legal and ethical problems to be undertaken; but we felt that it was right to tackle this immediate problem now and that is why we are doing it.

On the question of timing about which the noble Lord asked, we hope to introduce the surrogacy Bill as soon as possible. We hope that it will be by Easter. On the question of wider legislation, we must think about this carefully because it is very complicated, as the noble Lord will be aware. What I can say is that my honourable friend the Minister for Health said in the debate on the Second Reading of the Bill, to which I think the noble Lord, Lord Kilmarnock, referred, which is in passage through another place at the present time, that it was our aim to introduce a full Warnock Bill within the lifetime of this Parliament. I cannot be more precise than that but I hope that that will at least help the noble Lords with the questions they ask.

With regard to the more general question of surrogacy and the bosom of the family, the point that the noble Lord, Lord Kilmarnock, first raised, this is one of the areas that we really must consider and no doubt views will be made known on this when we come to discuss the Bill in your Lordships' House.