§ 22 Before Clause 39, insert the following new clause:
§ Keeping and examining gametes and embryos in connection with crime, etc
§ .—(1) Regulations may provide—
- (a) for the keeping and examination of gametes or embryos, in such mannner and on such conditions (if any) as may be specified in regulations, in connection with the investigation of, or proceedings for an offence (wherever committed), or
- (b) for the storage of gametes, in such manner and on such conditions (if any) as may be specified in regulations, where they are to be used only for such purposes, other than treatment services, as may be specified in regulations.
§ (2) Nothing in this Act makes unlawful the keeping or examination of any gametes or embryos in pursuance of regulations made by virtue of this section.
§ (3) In this section "examination" includes use for the purposes of any test.'.
§ 9.15 p.m.
§ The Lord ChancellorMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 22. Clause 3 of the Bill prohibits the keeping or use of an embryo except under licence, and Clause 4 prohibits the storage of any gametes except under licence. This new clause gives the Secretary of State the power to make regulations prescribing purposes for which it would not be unlawful for the police, for example, to keep an embryo or store gametes for forensic purposes, without holding a licence.
It would be unnecessary and unduly bureaucratic if every police station in the country had to apply for a licence to store sperm in connection with criminal investigations—for example, rape—or indeed to carry out investigations in connection with the enforcement of the Bill. A similar regulation-making power could also be used, in very specific circumstances, to exempt establishments where gametes are stored for other purposes. This power would not extend to the storing of embryos.
Moved, That the House do agree with the Commons in their Amendment No. 22.—(The Lord Chancellor.)
§ On Question, Motion agreed to.